1. Focus Summary
The main function of this Committee is to decide whether to uphold or overturn a decision taken by the First Committee of the Board of Trustees which has been referred to this Committee for consideration.
a) The membership of the Committee shall be:
• Three (3) Trustees (who shall not be members of the First Committee)
• named reserves, in order of precedence, who shall act if a member of the Committee is unable to attend a meeting.
• No Trustee employed at the School shall be appointed to this Committee
b) Members of the Committee shall be appointed annually at the summer term meeting of the Board of Trustees.
c) One of those appointed to the Committee shall be appointed as chair of the Committee EITHER by the Board of Trustees OR by the Committee.
d) Should a vacancy arise on the Committee a successor shall be appointed by the Board of Trustees at its next meeting following receipt of the resignation and members so appointed shall serve until the next annual review.
e) The Board of Trustees shall appoint the Clerk who cannot be the Head teacher.
The quorum shall be all three (3) members of the Committee. A named reserve shall take the place of any member of the Committee who is unable to be present at a meeting.
a) The Committee shall meet as and when necessary to fulfil its responsibilities.
b) Meetings of the Committee shall be called by the Clerk of the Committee.
a) The Committee shall be conducted in accordance with the School Funding Agreement and Articles of Association and be compliant with DfE requirements, Company and Charity Law.
b) Confidential minutes shall be kept of each meeting and shall be circulated to all members of the Committee before being signed by the chair. A report shall also be submitted to the next meeting of the Board of Trustees.
c) The minutes shall be kept in a separate minute book.
Terms of Reference
1. To hear any appeal arising from the decision of the First Committee or individual trustee or the Head teacher in whom any executive power has been vested which it is not the responsibility of any other Committee to hear. Any appeal will be conducted in accordance with the relevant procedure adopted by the Board of Trustees.
2. Under the disciplinary procedure or capability procedure adopted by the Board of Trustees to consider any appeal against a disciplinary sanction short of dismissal issued by the head or by the first committee to a member of staff employed at the School for whom the Board of Trustees has an employment responsibility.
3. Under the disciplinary or other relevant procedures (i.e. relating to redundancy or incapability due to ill health) adopted by the Board of Trustees, to consider any appeal against a decision of the First Committee to dismiss from their post a member of staff employed at the School and for whom the Board of Trustees has an employment responsibility.
4. Before taking a decision on any appeal, to give the person concerned an opportunity to make representations or present their grounds for appeal at a formal meeting conducted in accordance with the relevant adopted procedure. (Under the adopted disciplinary procedures the Committee is empowered to issue a disciplinary sanction short of dismissal where it is determined that the member of staff concerned should not be dismissed).
5. To ensure that the member of staff concerned is notified of its decision on the appeal.
6. On behalf of the Board of Trustees to consider any formal complaints which the Head teacher and Chair of Trustees have been unable to resolve under the School’s complaints procedure.