School Standards and Framework Act 1998

58 Appointment and dismissal of certain teachers at schools with a religious character

(1) In this section—

(a) subsections (2) to (6) apply to a foundation or voluntary controlled school which has a religious character; and

(b) subsection (7) applies (subject to subsection (8)) to a voluntary aided school which has a religious character;

and references in this Chapter to a school which has (or does not have) a religious character shall be construed in accordance with section 69(3).

(2) Where the number of the teaching staff of a school to which this subsection applies is more than two, the teaching staff shall include persons who—

(a) are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and

(b) are specifically appointed to do so.

(3) The number of reserved teachers in such a school shall not exceed one-fifth of the number of the teaching staff, including the head teacher (and for this purpose, where the number of the teaching staff is not a multiple of five, it shall be treated as if it were the next higher multiple of five).

(4) The head teacher of such a school shall not, while holding the post of head teacher of the school, be a reserved teacher.

(5) Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body—

(a) shall consult the foundation governors, and

(b) shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (2)(a).

(6) If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they may require the appropriate body to dismiss him from employment as a reserved teacher in the school.

(7) If a teacher appointed to give religious education in a school to which this subsection applies fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the local education authority.

(8) Subsection (7) does not apply—

(a) where the school has a delegated budget, or

(b) to religious education in accordance with an agreed syllabus.

(9) In this section—

• “the appropriate body” means—

  (a)

  in relation to a foundation school, the governing body, and

  (b)

  in relation to a voluntary controlled school, the local education authority;

• “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of subsection (2).