HC Deb 09 November 1999 vol 337 cc529-30W
Mr. Willis

To ask the Secretary of State for Education and Employment if he will list the rights to protection against unfair dismissal enjoyed by head teachers and the legislation in which those rights are enshrined. [97093]

Ms Estelle Morris

[holding answer 8 November 1999]: Head teachers who have completed one year's service with their employer enjoy the same rights to protection against unfair dismissal as employees with a similar length of service in the vast majority of occupations. These rights are enshrined in the Employment Rights Act 1996. In addition head teachers, along with other school staff, enjoy a further statutory protection under the School Standards and Framework Act 1998 and the Education (School Government) (England) Regulations 1999. These provide for the governing body of a maintained school to make arrangements for giving any person whom they propose to dismiss an opportunity of making representations to a committee of governors taking the decision, and to afford an opportunity of appealing against a dismissal decision to a separate committee of governors.

Mr. Willis

To ask the Secretary of State for Education and Employment what assessment he has made of international examples of best practice with regard to teachers' employment rights; and what examples exist of teachers being subject to dismissal by bodies or individuals other than their employers. [97094]

Ms Estelle Morris

[holding answer 8 November 19991]: My right hon. Friend the Secretary of State has made no separate assessment of international best practice with regard to teachers' employment rights. Teachers are subject to the same framework of employment rights as employees generally, and it would not be sensible to assess teachers' rights in isolation.

Teachers are community, community special and voluntary controlled schools are subject to dismissal by their local education authority on the recommendation of the school's governing body. However, governing bodies are accountable to Employment Tribunals for their decisions by virtue of the Education (Modification of Enactments Relating to Employment) Order 1999.