SCHEDULE 4IMPLEMENTATION OF PROPOSALS TO CHANGE CATEGORY OF SCHOOL
PART 2TRANSFER OF STAFF
Change to community or voluntary controlled school
I14
1
This paragraph applies where a foundation or voluntary aided school changes category to become a community or voluntary controlled school.
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The contract of employment between P and the governing body has effect from the implementation date as if originally made between P and the local authority.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.