THE POOR formulation of the draft regulations on teacher and headteacher appraisal produces a legal absurdity.
The situation will be created where a headteacher or teacher governor could be both litigant and defendant in the same case.
If a head or teacher governor is dissatisfied with their appraisal, they can ask for a review by a nominated governor.
If they are dissatisfied with the review officer's decision and take the case to an employment tribunal, the goerning body (of which they are members) will be the defendant.
There is no mechanism for removing them from the governing body so if they do not resign, they would be in the uncomfortable position of sitting on both sides of the fence at once.
Could be painful but at least they'd have the consolation of knowing that they'd certainly had their day in court!
trainer and consultant