The Education (Inner London Education Authority) (Continuity and Offers of Employment) Order 1989

Statutory Instruments

1989 No. 1040

EDUCATION, ENGLAND AND WALES

The Education (Inner London Education Authority) (Continuity and Offers of Employment) Order 1989

Made

23rd June 1989

Laid before Parliament

23rd June 1989

Coming into force

14th July 1989

The Secretary of State for Education and Science, in exercise of the powers conferred by sections 174 and 175 of the Education Reform Act 1988(1), hereby makes the following Order:

1.—(1) This Order may be cited as the Education (Inner London Education Authority) (Continuity and Offers of Employment) Order 1989, and shall come into force on 14th July 1989.

(2) In this Order–

“the Act” means the Education Reform Act 1988;

“ILEA” means the Inner London Education Authority;

“inner London council” means the council of an inner London borough or (in their capacity as a local authority) the Common Council of the City of London; and

“LRB” means the London Residuary Body.

2.  14th July 1989 is hereby specified for the purposes of–

(a) section 174 of the Act (which provides for continuity of employment for former staff of ILEA and LRB in certain cases of voluntary transfer); and

(b) section 175 of the Act (which concerns offers of employment by inner London councils to persons currently in the employment of ILEA).

Kenneth Baker

Secretary of State for Education and Science

23rd June 1989

Explanatory Note

(This note is not part of the Order)

Section 174 of the Education Reform Act 1988 provides that if an employee of the Inner London Education Authority (“ILEA”) or the London Residuary Body (“LRB”) ceases to be so employed after such a date as is specified by Order made by the Secretary of State, and is subsequently employed by a new employer in circumstances which preclude his receiving a redundancy payment, his period of employment with ILEA or the LRB shall count as employment with the new employer. This Order specifies 14th July 1989 for the purposes of section 174.

Section 175 of the Act provides that if, after such a date as is specified by Order made by the Secretary of State, an inner London council proposes to engage a person currently employed by ILEA, they shall, if reasonably practicable, employ him on terms that preserve the continuity of his employment so that he is not entitled to a redundancy payment. If they fail to do so, the Secretary of State may in certain circumstances direct that the council pays to the LRB an amount equal to any such redundancy payment. This Order also specifies 14th July 1989 for the purposes of section 175.

(1)

1988 c. 40.