Education Act 2002

129 Transfer of employment

(1) Section 122(2) shall not apply to a person if—

(a) a maintained school is established in place of an independent school in pursuance of proposals published under section 28 or 31 of the School Standards and Framework Act 1998, and

(b) the person becomes a school teacher in the maintained school in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).

(2) But if the school teacher gives a notice in writing under this subsection to his new employer, section 122(2) shall apply to him in respect of the period beginning with—

(a) a date specified in the notice,

(b) if no date is specified under paragraph (a), a date agreed between the teacher and the new employer, or

(c) if no date is specified under paragraph (a) or agreed under paragraph (b), the date on which the employer receives the notice.

(3) Where the governing body of a foundation, voluntary aided or foundation special school receive a notice under subsection (2), they shall inform the local education authority.

(4) In this section “school teacher” has the same meaning as in section 122.

(5) In subsection (1) “maintained school” means—

(a) a community school,

(b) a foundation school,

(c) a voluntary school,

(d) a community special school,

(e) a foundation special school, or

(f) a maintained nursery school.