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SCHEDULE 4E+WIMPLEMENTATION OF PROPOSALS TO CHANGE CATEGORY OF SCHOOL

PART 2 E+WTRANSFER OF STAFF

Change to community or voluntary controlled schoolE+W

4(1)This paragraph applies where a foundation or voluntary aided school changes category to become a community or voluntary controlled school.E+W

(2)The contract of employment between P and the governing body has effect from the implementation date as if originally made between P and the local authority.

(3)All the governing body's rights, powers, duties and liabilities under or in connection with the contract of employment are transferred to the local authority on the implementation date.

(4)Anything done before that date by or in relation to the governing body in connection with that contract or P is to be treated from that date as having been done by or in relation to the local authority.

(5)In this paragraph, “P” is a person who—

(a)immediately before the implementation date is employed by the governing body to work at the school in question, or

(b)before the implementation date, is appointed by the governing body to work at the school as from the implementation date or a later date.

(6)But “P” does not include a person whose contract of employment terminates on the day immediately preceding the implementation date.

(7)This paragraph does not affect any right of an employee to terminate the contract if (apart from the change of employer) a substantial change is made to the employee's detriment in the employee's working conditions.

Annotations:

Commencement Information

I1Sch. 4 para. 4 in force at 1.10.2013 by S.I. 2013/1800, art. 3(h)