Helpline

11th April 1997 at 01:00
Q. I am a teacher over 6O and still working. Can I be made redundant and be compensated for it?

A. The answer to this may be found in Section 156 of the Employment Rights Act 1996, which provides that, unless it is established by an employer that there is an earlier age of retirement for all relevant employees, the entitlement to benefit from the rights attached to redundancy continues to the age of 65.

Q. Some parents have challenged the decision by the head to exclude pupils who have attacked others in the street after school. Must our governors uphold their challenge?

A. Certainly not for the reasons suggested by your question.

It is well-established by legal precedent that the authority of the head extends beyond the school gate and out-side the times when the school is in session, although the strength of that auth-ority might diminish as the distance or the time becomes greater.

The tests to apply are: * Were the pupils identifiable as belonging to the school?

* Did their conduct damage the good name of the school?

* Was their conduct a challenge to the school's reasonable authority?

If the misconduct in question satisfies any of these criteria and the guilt of those concerned is demonstrated, the head is entitled to expect the support of the governing body.

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