The Education (Teachers) Regulations 1989

Regulation 15

SCHEDULE 6 PROBATION OF SCHOOL TEACHERS

1.—(1) In this Schedule–

“the relevant authority” in relation to a school and a teacher at a school, means the local education authority by whom the school is maintained and “the relevant body” shall mean the governing body of a grant-maintained school or of a special school which is not maintained by a local education authority;

“old provisions” means the provisions relating to the probation of teachers from time to time in force before 8th April 1982 and contained in the Schools Regulations 1959, the School Grants Regulations 1951(1) or the Primary and Secondary Schools (Grant Conditions) Regulations 1945(2), including those provisions as applied to teachers at special schools by regulations under section 33 of the Education Act 1944;

“probationary period” means the period for which a teacher is on probation in pursuance of paragraph 3;

“probationary teacher” means a teacher to whom this Schedule applies by virtue of paragraph 2;

“school” means a school maintained by a local education authority or a grant-maintained school or a special school which is not maintained by a local education authority;

“the 1982 Regulations” means the Education (Teachers) Regulations 1982.

(2) The provisions of this Schedule shall have effect in the case of a teacher at a school notwithstanding anything in his contract of service and that contract shall have effect subject thereto.

2.—(1) Subject to sub-paragraphs (2) and (3), this Schedule shall apply in the case of a teacher at a school who has not–

(a) been notified in pursuance of paragraph 4(4) that he has satisfactorily completed a probationary period, nor

(b) been notified in pursuance of paragraph 4(2) of Schedule 6 to the 1982 Regulations that he has satisfactorily completed his probationary period, nor

(c) before 8th April 1982 satisfactorily completed a probationary period of service as a teacher within the meaning of the old provisions, and for the purposes hereof such a period shall be treated as having been satisfactorily completed unless at the end thereof the Secretary of State (or the Minister of Education) determined the teacher to be unsuitable for further employment as a qualified teacher.

(2) If, having regard to the previous experience of a teacher and the particular circumstances of his case the relevant authority or body determine before he takes up his appointment at a school that he should not be required to serve a probationary period then–

(a) this Schedule shall not apply in his case, and

(b) the relevant authority or body shall give him, and if he is not to be employed by them the persons by whom he is to be employed, written notice to that effect.

(3) This Schedule shall not apply to–

(a) a qualified teacher who has completed more than two years' full-time, or equivalent part-time, continuous employment as a teacher in one city technology college, or one city college for the technology of the arts;

(b) a qualified teacher who has received notification that he is a qualified teacher on the Secretary of State being satisfied that he is a person mentioned in paragraph 2(2)(c) of Schedule 5 if the local education authority in the case of a school maintained by a local education authority or the governing body in the case of a grant-maintained school or a special school which is not maintained by a local education authority have submitted with the recommendation submitted in accordance with that paragraph a statement that they are satisfied that as a licensed teacher the person gained experience comparable to the teaching experience likely to be gained by a probationary teacher during a one year period of probation.

3.—(1) A probationary teacher employed at a school shall be on probation for, subject to sub-paragraphs (3) to (6), the period expiring a year (or in the case of a part-time teacher, 2 years) after his taking up his appointment at that school or, where he has been employed at more than one school maintained by the same local education authority and there has been no break between his employments at the several schools, after his taking up his appointment at the first such school.

(2) The duties assigned to a probationary teacher, his supervision and the conditions under which he works shall be such as to facilitate a fair and effective assessment of his conduct and efficiency as a teacher.

(3) If, having regard to the previous experience of a probationary teacher and the particular circumstances of his case, the relevant authority or body determine at any time that he shall be on probation for a specified period shorter than that mentioned in sub-paragraph (1), that sub-paragraph shall have effect in his case as if the specified period were substituted for the period there mentioned.

(4) If, having regard to the conduct and efficiency of a probationary teacher, it appears appropriate to the relevant authority or body at any time up to the expiry of one month from the end of any probationary period previously determined by the relevant authority or body that he should be on probation for a specified period longer than that mentioned in sub-paragraph (1) they may, after affording him an opportunity to make representations in the matter and considering such representations, so determine; and in such case that sub-paragraph shall have effect in his case (so long as he is employed at the school or is employed without a break at schools maintained by the same local education authority) as if the specified period were substituted for the period there mentioned.

(5) Where a probationary teacher employed at a school has been on sick leave or maternity leave in any year for an aggregate period falling in term time which is in excess of six weeks, the period mentioned in sub-paragraph (1) (as it has effect in his case where sub-paragraph (3) or (4) applies) shall be extended by that aggregate period.

For the purposes of this sub-paragraph a year means a period of 12 months beginning with the date, or an anniversary of the date, on which the teacher took up his appointment at the school or, where he has been employed as mentioned in sub-paragraph (1) at more than one school maintained by the same local education authority, on which he took up his appointment at the first of those schools.

(6) Where the relevant authority or body has determined as mentioned in sub-paragraph (3) or (4) they shall give the probationary teacher concerned written notice of their determination.

4.—(1) If it appears to the relevant authority or body, having regard to the conduct and efficiency of a probationary teacher and after consulting the head teacher and (in the case of a school maintained by a local education authority) the governing body of the school, that the teacher is not fitted and is unlikely to become fitted for employment in the post he holds then they may, after affording him an opportunity to make representations in the matter and considering such representations, at any time during his probationary period or within the month next following the expiry of that period determine that he has failed to complete successfully the required period of probation and if they do so determine they shall give him written notice of their determination.

(2) Subject to sub-paragraph (3), an authority or body who have given written notice of a determination under sub-paragraph (1)–

(a) shall, as soon as practicable, dismiss the teacher from the post he held at the date of the determination provided that if the authority or body do not propose to employ him in another post, he shall be entitled to at least one month’s notice or a month’s salary in lieu thereof and he shall be afforded the opportunity to resign with effect from a date not later than the date specified by the authority or body as the date on which he should be dismissed from his employment; and

(b) shall not thereafter employ him in that post.

(3) An authority or body shall not dismiss a teacher pursuant to sub-paragraph (2) unless they have afforded him the opportunity of appealing against the determination made under paragraph (1) and arrangements for an appeal under this paragraph shall provide for any appeal to be made within a specified period from the date of the determination.

(4) In cases not covered by sub-paragraph (1), or on the teacher succeeding in an appeal under sub-paragraph (3), the relevant authority or body shall, within one month of the teacher completing his probationary period or of the conclusion of the appeal (whichever is later) give the teacher written notice that he has satisfactorily completed his probation period.

(1)

S.I. 1951/1743; the relevant provisions lapsed by reason of paragraph 16(2) of Schedule 8 of the Local Government Act 1958 (c. 55).

(2)

S.R. & O. 1945/636, revoked by S.I. 1951/1743.