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TES Leadership panel Q&A - paying a teacher who has been dismissed on the grounds of capability

Discussion in 'Headteachers' started by TES_Rosaline, Nov 12, 2015.

  1. TES_Rosaline

    TES_Rosaline Administrator Staff Member

    Q: Our school has dismissed a teacher on the grounds of capability. He had been absent from work, supplying fit notes, for the past 20 months. Neither occupational health nor his own medical advisers can give us any idea of the prospect of his being able to return. He ran out of sick pay some time ago. He is entitled to 12 weeks’ notice. If we give the 12 weeks’ notice we would not expect to pay him. His representative has told us that the school must give him 12 weeks’ pay. Is that right?
  2. Sally_Robertson

    Sally_Robertson New commenter TES Leadership Panel Expert

    Yes, if an employer is required to give statutory notice (or equivalent) under the contract of employment, it must pay a week’s pay for each week of notice if the employee:

    · Is incapable of work because of sickness or injury;

    · Or if the absence is wholly or partly because of pregnancy, childbirth, adoption leave, shared parental leave, parental leave or paternity leave;

    · Or the absence is in accordance with the terms of employment relating to holidays;

    · Or if the employee is willing and ready to work but the employer has not provided him with work (for example, if he is now fit, his doctor has given him a fit note, but the employer wants a second opinion).

    If your situation has any differences from the above basic scenarios, you should seek advice on exactly how the law applies to that situation.

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