Many hundreds of users are using our helpful Need Further Help service to find quick and direct solutions to everyday issues in school management.
With the new policy on pay and conditions for teachers having taken effect this September, we have been receiving several questions on the implementation of teachers’ pay in varied circumstances.
This week we had a question from one of our subscribers on the procedures to follow in case of ill-health dismissals, particularly with regard to pay.
In consultation with our HR experts, Fusion Business Solutions, we advised the school as follows, and we hope you find this information useful too!
Ill health dismissals should be covered within a school’s attendance procedure. Contractual notice for officers and teachers should be outlined within their employment contracts, so they should be directed towards these in the first instance.
An employee dismissed due to long term ill health is usually entitled to statutory notice pay at full rate of pay, which will equate to 1 week’s pay for up to 2 years of employment and subsequently, 1 week for every year of their employment up to a maximum of 12 weeks. An employee who is dismissed while off sick is normally entitled to their statutory notice pay at their full normal rate of pay, even though they are likely to be unable to work their notice and even where they are not entitled to pay whilst off sick.
If long term sickness absence appears to have been triggered by the commencement of monitoring or a formal capability procedure, the case will be dealt with in accordance with the school’s absence policy (e.g. referred immediately to the occupational health service to assess the member of staff’s health and fitness for continued employment and the appropriateness or otherwise of continuing with monitoring or formal procedures). In some cases, it may be appropriate for monitoring and/or formal procedures to continue during a period of sickness absence.
For teachers, the notice period is fixed to the resignation deadlines and they are entitled to receive notice pay, according to the Burgundy Book. However, the statutory entitlement outlined for all other staff above also still applies and is also dependent upon length of service.
For example, a teacher dismissed on 20 October, in time for the 31 October deadline, is entitled to notice pay to 31 December, but if they have 12 years’ service, this will have to be topped up from the date of the written confirmation to meet the statutory entitlement. E.g.: If the written confirmation is sent on 25 October, they are entitled to 12 weeks’ notice from that date.
For additional advice on staff attendance management, why not visit this topic on TheSchoolBus?
Need help understanding and setting new pay scales? Visit our topic on performance related pay.