Redundant subject;Helpline

11th June 1999 at 01:00
Would a redundancy amount to unfair dismissal if it resulted from a deliberate decision on the part of the school not to offer a national curriculum subject to all pupils?

One can never determine in advance what an industrial tribunal might find on the facts of a particular case, but it seems to me unlikely that it would take it upon itself to review a decision taken by a governing body on a matter of curriculum policy, that is well outside its field of competence. An employer is entitled to run his business in the way he wishes, however misguided that may be in terms of his own prospects of success or even of legal difficulties.

The tribunal would need to be satisfied that the criteria for determining the redundancy were objective and fairly applied, that the appropriate stages of the process had been properly carried out and that the redundant teacher had been afforded relevant opportunities to make representations and to appeal.

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