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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48167
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can a Head Teacher remove a class teacher from a school? The

Customer Question

Can a Head Teacher remove a class teacher from a school? The teacher has had three initial disaplinery meetings on three seperate occasions, but no action ever take. However the Head Teacher is using the number of occasions to remove the teacher from the school, offering them £4,000 if they leave within a few weeks. Guaranteeing they will get a good reference.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long has the teacher been employed there for?
Customer: replied 1 year ago.
Nine years
Expert:  Ben Jones replied 1 year ago.
The head teacher (representing the school as the teacher’s employer), cannot just remove that teacher. That is because if an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss. The employer could try and offer the option to leave amicably by being compensated and agreeing to it but they certainly cannot be forced into such a deal. The teacher is entirely within their right to reject such an offer and continue working there, forcing the employer to find a way to justify a fair dismissal. This is your basic legal position. I have more detailed advice for you in terms of the rights the teacher will have if they end up being dismissed unfairly, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Customer: replied 1 year ago.
As the teacher being dismissed can I ask for more money? Also what other demands should I be making before agreeing to leave?
Expert:  Ben Jones replied 1 year ago.
What were the allegations against you? Please remember to leave your positive rating so I can continue helping fully otherwise I can only provide basic answers, thank you
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Customer: replied 1 year ago.
In one case a dinner lady didn't like the way I spoke to her and the head pushed her to make a formal complaint. The other two occasions were to do with parents. Again they were encouraged by the head teacher to complain so that I had to attend a potential disciplinery meeting. In all cases no action was taken but because there has now been three incidents over 18 months the head teacher wants to show me the door offering £4000 and a good reference if I go in the next four weeks. If not she will start disciplinery proceedings against me. I work in a very small school only four teachers and cannot continue working there after the meeting yesterday. So I really need to know what is the best deal I can get and leave the school.
Expert:  Ben Jones replied 1 year ago.
Have there been further incidents/complaints after the last three?
Customer: replied 1 year ago.
No
Expert:  Ben Jones replied 1 year ago.
And when was the last of these three incidents? Just to let you know I am mobile today so may not be able to respond immediately but will provide a full answer today, thanks
Customer: replied 1 year ago.
Two weeks ago
Expert:  Ben Jones replied 1 year ago.
If you think that the relationship has broken down and you cannot continue working there you can try and negotiate with the employer. You can use the fact that you have long service with them to your advantage as well as the fact that they may not be able to dismiss you fairly, having never completed the disciplinary process. You have to make it clear to them that you will only leave voluntarily if the offer is good enough, otherwise they will have to go through the full dismissal procedure and as you have concerns over its fairness you will claim unfair dismissal and likely get compensation from a tribunal. As a minimum you should be looking at your contractual notice period which must be at least 9 weeks so 9 weeks pay. Then add any holidays outstanding. After that you want to get a few months pay on top. This may be the more difficult part so it will be down to negotiation. You also want a reference if possible. So this would be the starting point for negotiations with them