Education Reform Act 1988

127 Transfer of staff to higher education corporations. E+W

(1) This section applies to any person who immediately before the transfer date applicable in relation to a higher education corporation [F1 established under section 121 or 122]—

(a) is employed by the transferor authority to work solely at the institution the corporation is established to conduct; or

(b) is employed by that authority to work at that institution and is designated for the purposes of this section by an order made by the Secretary of State.

(2) The contract of employment between a person to whom this section applies and the transferor authority shall have effect from the transfer date as if originally made between him and the corporation.

(3) Without prejudice to subsection (2) above—

(a) all the transferor authority’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the corporation on the transfer date; and

(b) anything done before that date by or in relation to the transferor authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the corporation.

(4) Subsections (2) and (3) above are 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 right shall arise by reason only of the change in employer effected by this section.

(5) An order under this section may designate a person either individually or as a member of a class or description of employees.

(6) References in this section, in relation to a higher education corporation, to the transferor authority, are references to the [F2 local authority] by whom the institution that corporation is established to conduct is maintained immediately before the transfer date.

Textual Amendments

F1 Words in s. 127(1) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 8 para. 15; S.I. 2018/1226, reg. 4(o)

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 4(2)

Modifications etc. (not altering text)

C1 S. 127 applied (with modifications) (1.9.1992) by S.I. 1992/1849, art.4.

C2 S. 127 applied (with modifications) (1.10.1992) by S.I. 1992/2151, art.4.

C3 S. 127 applied (with modifications) (1.3.1995) by S.I. 1995/183, art.4.

C4 S. 127 applied (with modifications) (1.8.1996) by S.I. 1996/1225, art.4.

S. 127 applied (with modifications) (1.8.2000) by S.I. 2000/1383, art. 3

S. 127 applied (with modificaitons) (1.8.2000) by S.I. 2000/355, art. 3

S. 127 applied (with modifications) (1.8.2001) by S.I. 2001/1340, art. 3

C5 S. 127 applied (with modifications) (1.8.2006) by Wimbledon School of Art Higher Education Corporation (Dissolution) Order 2006 (S.I. 2006/1746), arts. 1(1), 3

C6 S. 127 applied (with modifications) (1.8.2007) by The Cumbria Institute of the Arts Higher Education Corporation (Dissolution) Order 2007 (S.I. 2007/1848), arts. 1, 3

C7 S. 127 applied (with modifications) (11.4.2013) by The University of Wales, Newport Higher Education Corporation (Dissolution) Order 2013 (S.I. 2013/664), arts. 1, 4

C8 S. 127 applied (with modifications) (1.8.2013) by The Swansea Metropolitan University Higher Education Corporation (Dissolution) Order 2013 (S.I. 2013/1729), arts. 1, 4

C9 S. 127(2)(3)(4) applied (with modifications) (1.8.2011) by The Leeds College of Music (Dissolution) Order 2011 (S.I. 2011/1677), arts. 1, 2(2)