Points of view

18th July 2003 at 01:00
* 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

Subscribe to get access to the content on this page.

If you are already a Tes/ Tes Scotland subscriber please log in with your username or email address to get full access to our back issues, CPD library and membership plus page.

Not a subscriber? Find out more about our subscription offers.
Subscribe now
Existing subscriber?
Enter subscription number

Comments

The guide by your side – ensuring you are always up to date with the latest in education.

Get Tes magazine online and delivered to your door. Stay up to date with the latest research, teacher innovation and insight, plus classroom tips and techniques with a Tes magazine subscription.
With a Tes magazine subscription you get exclusive access to our CPD library. Including our New Teachers’ special for NQTS, Ed Tech, How to Get a Job, Trip Planner, Ed Biz Special and all Tes back issues.

Subscribe now