Yes, the governing body of any school or academy has the power to sack the headteacher.
For maintained schools the legal right to fire the headteacher comes from the School Staffing Regulations 2009.
“The governing body or the headteacher may suspend any person employed or engaged otherwise than under a contract of employment to work at the school where, in the opinion of the governing body or (as the case may be) the headteacher, such suspension is required.
“Where the governing body determines that any person employed or engaged by the authority to work at the school should cease to work there, it must notify the authority in writing of its determination and the reasons for it.”
School Staffing (England) Regulations 2009
Regulations say that the governing body can delegate the power to sack the headteacher to a panel of one or more governors (although not including, of course, the headteacher themselves).
“Any delegation of—
(a) the determination that the headteacher should cease to work at the school; or
(b) the power to appoint or dismiss the headteacher
may be to one or more governors, other than a governor who is the headteacher.”
School Staffing (England) Regulations 2009
The same law also says that the governing body must have written procedures to deal with conduct and capability of staff.
“The governing body must establish procedures—
(a) for the regulation of the conduct and discipline of staff at the school; and
(b) by which staff may seek redress for any grievance relating to their work at the school.“The governing body must establish procedures for dealing with lack of capability on the part of staff at the school.”
School Staffing (England) Regulations 2009
Single academies and multi-academy trusts also have the power to fire the headteacher. This decision would be made by academy trustees.
Governors should follow the ACAS Code of Practice on Discipline and Grievance. Employment tribunals must have regard to this code of practice when they are hearing cases.
The DfE provides a model teacher appraisal and capability policy which covers all teachers, including the headteacher, setting out the steps which could lead to a headteacher being fired.
“If a teacher demonstrates serious underperformance, and has not responded to support provided within the appraisal process, the teacher will be notified in writing that the appraisal system will no longer apply and that their performance will be managed under the capability procedure, and will be invited to a formal capability meeting. “
Teacher Appraisal and Capability Model Policy
The model policy states that the formal capability meeting is conducted by the chair of governors and allows the headteacher to respond to the concerns raised. It may be the end of the process if concerns are adequately addressed but if not a timetable can be set for improvement or a formal warning issued.
The next step is a formal review meeting which could lead to a final written warning. The final step is a decision meeting where the headteacher can be dismissed or a recommendation given to the governing body that s(he) is dismissed. Employees have the right to appeal this decision and the appeal should be heard by governors who have not been previously involved in the process.
The government explain the legal reasons why employees can be dismissed in their guide to your rights in dismissals. Reasons governors could cite are listed below.
Misconduct – not carrying out the job properly, for example failing to develop good working relationships with staff and governors or issues such as poor timekeeping.
Gross misconduct would be serious issues such as stealing from the school, violence or discriminating against a certain group of people. In cases of misconduct you must be given a warning and a chance to improve. In cases of gross misconduct you could be summarily dismissed without warning.
Illness – in cases of long-term or recurring illness you must be offered support and given a reasonable period of time in which to recover before any action is taken against you.
Redundancy – this would not apply to headteachers.
Breaking a statutory restriction – this is only used when to continue to employ someone would cause a breach of the law. For example, if your right to work in the UK is expiring.
It is impossible to continue your employment – for example, the school is closing down and all staff are being let go.
Some other substantial reason – this is an umbrella category for issues such as refusing to accept a reasonable change to your terms and conditions, a major conflict of interest or a personality clash that is causing serious harm to the school.
Can a headteacher sack the chair of governors?
No. Neither the headteacher nor any other individual governor has the power to remove the chair of governors. However, the governing body as a whole can vote to remove their chair if they wish.
Can OFSTED sack the headteacher?
No. OFSTED has no power to fire a headteacher and they do not instruct governing bodies to do so either. However, a very poor OFSTED report may make a head feel they have no option but to resign. It can also mean that governors lose confidence in the headteacher and decide to take action.