The Education (Teachers) Regulations 1989

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.