An employee can be dismissed for a number of reasons for example;
- Ill Health Capability
- End of a Fixed Term Contract
However, for the purposes of processing the Leaver instruction, Dismissal means the outcome of disciplinary action. Under these circumstances you should have received support from your HR Business Partner to manage the disciplinary case and now be at the point where you need to formally end the employees service. Formal confirmation will happen as an outcome of the disciplinary hearing and the last day of service will be agreed by the committee sanctioning the dismissal. You should submit a Leaver instruction on the HR School Support Online system. The system guides you through the process of submitting a Leaver ensuring that all the relevant information is gathered.
Before making the submission you should give consideration to the following;
- The termination is carried out prior to the relevant payroll deadline and,
- How notice pay will be paid.
With the exception of Gross Misconduct, an employee will usually be paid notice pay. The following notice periods apply where you organisation has chosen to adopt Local Conditions of Service.
The minimum periods of notice to be given are:
|Pay Frequency||Continuous Service||Period of Notice|
|Four-Weekly Paid||Under 5 years||4 weeks|
|5 years or more but less than 12 years||1 week for each year of continuous employment|
|12 years or more||12 weeks|
|Weekly Paid||Under 2 years||1 week|
|2 years or more but less than 12 years||1 week for each year of continuous employment|
|12 years or more||12 weeks|
The Burgundy Book provides that classroom teachers and members of the leadership team are entitled to contractual notice as outlined in the table below :
|Term Dates||Teachers (inc DHT, AHT)||Headteachers|
|Resignation date||Leaving date||Resignation date||Leaving date|
|Autumn – 1st September – 31 December (inc)||31st October||31st December||30th September||31st December|
|Spring - 1st January – 30th April (inc)||28th(29th ) February||30th April ***||31st January||30th April ***|
|Summer – 1st May – 31st August (inc)||31st May||31st August||30th April ***||31st August|
Although there are three specific resignation / dismissal dates (as quoted above), it is possible to dismiss a teacher at any time during an academic year. However, it is important to note that, if the official resignation/ dismissal date is missed, then the school is contractually bound to pay the teacher to the NEXT resignation/dismissal date, e.g. a teacher who is dismissed (for any reason – except Gross Misconduct) after 31st May (30th April for a Headteacher) must receive pay until 31stDecember.
Pay in Lieu of Notice (PILON)
There are occasions when having the employee work their notice period is not an option in which case you may need to consider making a PILON payment. Advice should be sought from you HR Business Partner to ensure the payment is lawful.