This procedure applies to staff employed in schools.
The process detailed below meets the requirements of the Act and is to be used in the expiry (termination) of fixed term contracts and termination of temporary employment contracts. The procedure below must be applied when consideration is given to the ending of such contracts where they have existed for a continuous period in excess of 10 months (or a continuous series of such contracts).
Prior to the formal meeting detailed in Section 1 below, management should meet with the employee to discuss the situation regarding the ending of the contract and to examine any other possible employment the school may be able to offer. The employee may be accompanied by a trade union representative or a work colleague. The meeting should be as early as is practical in the circumstances bearing in mind teacher resignation dates and potential vacancies wherever possible.
The employee should be informed of his/her right to go to a formal meeting as detailed in Section 1 below
1. Formal Procedure
The employee will be invited in writing to the meeting at least 14 days prior to the meeting (excluding the date of issue and the date of the meeting) -see draft letter Appendix 1 - and should include:
A clear statement that you are recommending dismissal at the meeting.
A summary of the reasons for that recommendation.
Copies of any documentation in support of the recommendation.
Clear guidance to the employee on how s/he can convey to the meeting his/her view/comment in respect of the recommendation and the reasons for it. The employee’s input into the meeting can be exercised by the employee choosing any one of the following methods;-
(i) Attending the meeting in person with or without a trade union representative or work colleague
Not attending the meeting but asking a trade union representative or a work colleague to attend on their behalf
Making their view known in writing
(iv) Electing to neither attend nor make representations nor to have a trade union representative or a work colleague to act on their behalf
2. Procedure at the meeting
A formal meeting will be convened in consultation with the trade union representative or work colleague if known.
The following running order is designed to ensure that the meeting is conducted in an orderly way, and for full information to be presented by the management representative as to why consideration is being given to dismissing the employee (by the non-renewal/extension of the fixed term/ temporary contract or offer of further employment) on the expiry of the contract.
The following will also be considered:
The feasibility of taking action to avoid the dismissal of an employee e.g. the possibility of additional funding becoming available and the individual’s employment being continued
Redeployment to a suitable alternative post within the school
The right to time off to seek alternative employment
Any relevant training opportunities and where relevant
Eligibility to a redundancy payment
Wherever possible an HR Adviser will attend to advise.
1. The management representative will set out the reasons for the recommendation to dismiss and any supporting documentation or other evidence.
2. The employee or their trade union representative or work colleague will make their representation to the Headteacher and may present supporting documentation or other evidence
3. The Headteacher may ask questions of/seek information from either party as appropriate and encourage a full discussion of all matters in relation to the question of the dismissal of the employee
4. After an adjournment of the meeting to consider the information presented/available the Headteacher will normally arrive at a decision in respect of the recommendation to dismiss
The decision should include:
Deciding not to dismiss with or without conditions.(there would need to be some guidance as to where the employee would be employed after the expiry of the fixed term/temporary contract)
Deciding to seek further information with or without an adjournment
Deciding to dismiss
Deciding to dismiss with deferral pending some specified criteria
The Headteacher will normally convey the decision as soon as is practical to the employee following the adjournment of the meeting to consider the matter and in any event confirm it in writing within 5 working days of the decision being taken.
The employee has the right of appeal to the Appeals Committee of the Governing Body. This right may be exercised by writing to the Clerk to the Governors within 15 working days of the decision being communicated in writing to the employee (date letter issued) and calculated from whichever date was earliest. The Appeal hearing is a re-hearing with the employee having the same rights as s/he had at the first meeting.
There is no further internal appeal against the decision of the Appeals Committee.
Appendix 1
Draft letter: invitation to employee to attend meeting to discuss proposed dismissal on the expiry (termination) of fixed term contract or termination of temporary employment contract.
Dear
I would like to invite you to attend a meeting on date/time/venue. The purpose of the meeting is to discuss the recommendation that you be dismissed from your fixed term/temporary post on the expiry of your contract on ------- for the following reasons:
-----------------------------------------------------------------------
I enclose copies of the documentation to be presented by management.
Your input into the meeting can be exercised by choosing any one of the following methods;-
(i) Attending the meeting in person with or without a trade union representative or work colleague
Not attending the meeting but asking a trade union representative or a work colleague to attend on your behalf
Making your view known in writing
Electing to neither attend nor make representations nor to have a trade union representative or a work colleague to act on your behalf
At this meeting we will discuss the reasons for the termination of your contract and explore the possibility of alternate options such as redeployment within the school.
You (or your representative on your behalf) will be given the opportunity to ask any questions or raise any relevant issues. The final decision regarding your contract will take into account any representations made at this meeting.
I would be grateful if you could please inform me which of the four methods detailed above you wish to pursue.
If you have any queries prior to the meeting please do not hesitate to contact me.
Yours Sincerely,
Headteacher