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Is it right for local authorities to dismiss head teachers if their schools go into special measures? Heads are regularly held to account where they are not performing adequately but reports suggest that a local authority is dismissing heads on the basis of a poor Ofsted report.
The leaked protocol states heads who have been in place for two years or more and whose school is put into special measures will be placed on garden leave and dismissed on the basis that ‘special measures’ indicates a problem with the school’s leadership. Leadership may well be an issue for schools in special measures, but one cannot ignore other factors such as the social and economic area of the school.
Perhaps more interestingly, is this approach (or a variation of it) already being taken with schools across the country? Such an approach is surprising from an employment law perspective. It would be risky for an employer to decide to dismiss as a matter of policy without considering matters on a case by case basis.
The recent case of R (on the application of A Parent) v Governing Body of XYZ School [2022] EWHC 1146 (Admin) provides some welcome and reassuring guidance to governing boards on the exclusion reconsideration process.
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With 19 HR experts now supporting over 500 schools and trusts across the country, in this edition of 60 seconds we sit down with Emma Hughes, who leads the team, to discuss what this significant milestone means to her.
In order to reduce the risk of potential breaches, schools should follow this Health and Safety Executive guidance.
A ResPublica report highlighted that asbestos continues to be the UK’s number one occupational killer, with nurses and teachers 3 to 5 times more likely to develop mesothelioma than the general UK population. The House of Commons Work & Pensions Select Committee is investigating how the HSE manages the continued presence of asbestos in buildings.
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