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[Closed] Any employment law experts about (esp local govermnet ones)

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[#5724740]

Trying to find out the legalities of a temporary appointment to a headteacher role of a school without the job being advertised or an interview. Is this allowed, no sorry legal? The person appointed does not currently work for the wschool or the county.

ta


 
Posted : 26/11/2013 8:07 pm
 poly
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There is nothing in law preventing any employer from simply appointing anyone they see fit - it may not be best practice and may leave them open to allegations of having followed unfair processes, but it is not fundamentally flawed. It would not be uncommon for temporary appointments to be offered without the same process for permanent posts either.

You may have specific rules about appointment of head teachers (e.g. IIRC in Scotland the Parent Council should (must?) be consulted), however again they may not apply for temporary posts where the education authority sees it as expedient to fill the post ASAP.


 
Posted : 26/11/2013 8:20 pm
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IIRC in Scotland the Parent Council should (must?) be consulted

Nope, no such requirement.


 
Posted : 26/11/2013 8:24 pm
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Has the school been put into Special measures?


 
Posted : 26/11/2013 8:27 pm
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surely it is up to the school governors to decide .


 
Posted : 26/11/2013 8:29 pm
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England, non Academy? It's up to the governors. Only a full governing body meeting can finalise the appointment, not the chair or a subcommittee. How they organise it in detail is up to them, but advertising nationally is not mandatory any more.
[url= http://www.education.gov.uk/governorline/faqs/a00204076/apointinganewheadteacher ]http://www.education.gov.uk/governorline/faqs/a00204076/apointinganewheadteacher[/url]


 
Posted : 26/11/2013 8:43 pm
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sounds like its ok just not great, however it is a referall unit and all employees are direct employees of the county council, so not a school with governors, there is a management committee. don;t know if that makes any difference under the county council.


 
Posted : 26/11/2013 9:13 pm
 poly
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matt_outandabout - Member
IIRC in Scotland the Parent Council should (must?) be consulted

Nope, no such requirement.

s14(2) of Scottish Schools (Parental Involvement) Act 2006 appears to disagree with you.


 
Posted : 27/11/2013 12:07 am