Education Reform Act 1988

78 Effect of pending procedure for acquisition of grant-maintained status on appointment, etc., of staff.E+W

(1)During any period when section 76 of this Act applies to a school, the local education authority shall not take any action to which this section applies without the consent of the governing body of the school.

(2)This section applies to the following actions—

(a)the appointment of any person to fill a vacancy in a post which is part of the complement of the school or to work solely at the school in any other post;

(b)the dismissal (otherwise than under section 27(5) or 28(4) of the 1944 Act, which allow foundation governors, within the meaning of that Act, to dismiss a reserved teacher) of any person to whom subsection (3) below applies; and

(c)the withdrawal of any such person from work at the school (otherwise than by dismissing him).

(3)This subsection applies to any person who is employed—

(a)in a post which is part of the complement of the school; or

(b)to work solely at the school in any other post.

(4)The reference in subsection (2)(a) above to the complement of the school is a reference to the complement of teaching and non-teaching posts determined by the local education authority for the school under section 34 of the 1986 Act.