The Education (Groups of Grant–maintained Schools) Regulations 1994

Transfer of staff in respect of a school leaving a group

39.—(1) This regulation applies to any school in respect of which proposals for that school to leave a group have been approved and, subject to paragraph (3) below, applies to any person who immediately before the date of implementation of the proposals–

(a) is employed by the existing governing body to work solely at the school, or

(b) is employed by the existing governing body to work at the school and is designated for the purposes of this regulation by an order made by the Secretary of State.

(2) A person employed by the existing governing body in connection with the provision of meals shall not be regarded for the purposes of paragraph (1)(a) above as employed to work solely at a school unless the meals are provided solely for consumption by persons at the school.

(3) This regulation does not apply to–

(a) any person employed as mentioned in paragraph (1) above whose contract of employment terminated on the day immediately preceding the date of implementation of the proposals, or

(b) any person employed as mentioned in paragraph (1) above who before that date–

(i) has been appointed or assigned by the existing governing body to work solely at another school as from that date, or

(ii) has been withdrawn from work at the school with effect as from that date.

(4) A person who before the date of implementation of the proposals has been appointed or assigned by the existing governing body to work at the school as from that date shall be treated for the purposes of this regulation as if he had been employed by that body immediately before that date to do such work at the school as he would have been required to do on or after that date under his contract of employment with the existing governing body.

(5) The contract of employment between a person to whom this regulation applies and the existing governing body shall have effect from the date of implementation of the proposals as if originally made between him and the governing body of the school.

(6) Without prejudice to paragraph (5) above–

(a) all the existing governing bodies' rights, powers, duties and liabilities under or in connection with the contract of employment shall be transferred to the governing body of the school on the date of implementation of the proposals;

(b) anything done before that date by or in relation to the existing governing body shall be deemed from that date to have been done by or in relation to that governing body.

(7) This regulation is without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such rights shall arise by reason only of the change in employer effected by these Regulations.

(8) An order under this regulation may designate a person either individually or as a member of a class or description of employees and shall be made in the same way as an order made under section 39(1)(b)(ii) of the 1993 Act(1).

(1)

For the making of orders under that section see section 301(1) and (2) of the 1993 Act.