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fair to dismiss in a term?

13 January 2012

The Government has today made a long overdue announcement following their consultation on changes to the Teachers’ Performance Regulations. The announcement confirms that the Government are going to remove a lot of the previous restrictions on schools to dismissing ‘underperforming’ teachers. The model policy that was consulted on combines performance management with capability and envisages dismissal for routine cases within a term. As part of the recommendation, the period teachers are given to improve could be as short as 4 weeks.

It will be up to individual schools to review their policies from September in light of the recommendations of the Government. Schools seeking to put this robust approach into practice should be mindful that the ultimate test is not the word of Mr Gove but that of the Employment Tribunal. Whether a Tribunal would consider the government’s timetable to be fair remains to be seen.

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