* REGARDING ill-health retirement, Archimedes says that, where a teacher is declared permanently incapacitated, the employer must terminate the contract (TES, July 4). This is also the view of a number of teacher unions.
But the National Employers’ Organisation for School Teachers holds that, where a teacher is awarded an ill-health pension, there is no obligation to end employment. This position was supported in the Court of Appeal in H v Bridgend County Borough Council.
It is hoped that the “stand-off” will be resolved, but meanwhile employers will continue to advise education authorities to resist attempts by the unions to compel employers to dismiss teachers in these cases with paid notice or pay in lieu of notice.
Andy Inett, Assistant director (negotiations), Employers’ organisation for local government, Layden House, 76-86 Turnmill Street, London EC1
