Under the 2001 Sexual Offences Act it is against the law for a teacher to have a sexual relationship with a pupil over the age of 16 who attends their school.
However this does not apply to a teacher who has a similar relationship with a pupil over 16 at a different school.
Chris Keates, the union's general secretary, describes this situation as an, "anomaly, which criminalises a teacher but would leave any other adult free from prosecution for the same type of relationship."
She says that she is not condoning sexual relationships between teachers and pupils over the age of 16, adding that teachers already face stiff penalties.
"Where such a relationship occurs between a pupil and a teacher at their school clearly it is a most serious issue. It is grossly unprofessional and there are disciplinary procedures available to deal with this. The consequence is nearly always dismissal for gross misconduct and being barred from teaching," she said.
Keates' comments will be broadcast tonight (6 October) on To Sir With Love, an ITV Tonight programme.
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