Q&As

If a disabled employee has, for the last four years, been unable to achieve the necessary Special Educational Needs (SEN) qualification they need for the SEN Co-ordinator role they were employed to do, partly because of prevailing circumstances (such as the coronavirus (COVID-19) pandemic), and partly because of illness caused by their disability, if the employer now wanted to dismiss them would this be lawful and reasonable, particularly in light of the employer’s duty to make reasonable adjustments?

read titleRead full title
Published on LexisPSL on 11/05/2021

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • If a disabled employee has, for the last four years, been unable to achieve the necessary Special Educational Needs (SEN) qualification they need for the SEN Co-ordinator role they were employed to do, partly because of prevailing circumstances (such as the coronavirus (COVID-19) pandemic), and partly because of illness caused by their disability, if the employer now wanted to dismiss them would this be lawful and reasonable, particularly in light of the employer’s duty to make reasonable adjustments?

If a disabled employee has, for the last four years, been unable to achieve the necessary Special Educational Needs (SEN) qualification they need for the SEN Co-ordinator role they were employed to do, partly because of prevailing circumstances (such as the coronavirus (COVID-19) pandemic), and partly because of illness caused by their disability, if the employer now wanted to dismiss them would this be lawful and reasonable, particularly in light of the employer’s duty to make reasonable adjustments?

You may wish to consider sector specific requirements for teachers performing a Special Educational Needs Co-ordinator (SENCO) role in a school, such as:

  1. all state-funded mainstream schools in England, including maintained schools, academies and free schools must employ a teacher with qualified teacher status in the SENCO role. Alternatively, the headteacher or academy principal can be appointed as SENCO (see Children and Families Act 2014, s 67 and Governance handbook, s 6.5.12)

  2. if a newly-appointed SENCO has not been a SENCO before, or has not been one for more than 12 months (in the current school or any other mainstream school), they must achieve a National Award for SENCO PG cert within three years of appointment (see Special Educational Needs and Disability Regulations 2014, SI 2014/1530, reg 49; SEND code of practice and Governance handbook, s 6.5.12).

When it comes to equality issues in the education sector, you

Popular documents