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

Log-in as an existing print or digital subscriber

Forgotten your subscriber ID?


To access this content and the full TES archive, subscribe now.

View subscriber offers


Get TES online and delivered to your door – for less than the price of a coffee

Save 33% off the cover price with this great subscription offer. Every copy delivered to your door by first-class post, plus full access to TES online and the TES app for just £1.90 per week.
Subscribers also enjoy a range of fantastic offers and benefits worth over £270:

  • Discounts off TES Institute courses
  • Access over 200,000 articles in the TES online archive
  • Free Tastecard membership worth £79.99
  • Discounts with Zipcar, Buyagift.com, Virgin Wines and other partners
Order your low-cost subscription today