221 Avoidance of certain contractual terms.E+W
(1)This section applies to any contract made after 20th November 1987 between—
(a)a local education authority in their capacity as such an authority;
(b)the governing body of an aided or grant-maintained school; or
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and any person employed by them, not being a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.
(2)In so far as a contract to which this section applies provides that the employee—
(a)shall not be dismissed by reason of redundancy; or
(b)if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay him under [F2section 135 of the Employment Rights Act 1996],
the contract shall be void and of no effect.
(3)In this section—
“governing body”, in relation to an institution, includes a body corporate established for the purpose of conducting that institution;
F3. . .
(a)provides higher education or further education (or both); and
(b)is either a designated assisted institution or an institution which is grant-aided or eligible to receive aid by way of grant.
Textual Amendments
F1S. 221(1)(c) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 52, Sch. 9; S.I. 1992/831, art. 2, Sch. 3.
F2Words in s. 221(2)(b) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 37(4) (with ss. 191-195, 202).
F3Definition in s. 221(3) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 52, Sch. 9; S.I. 1992/831, art. 2, Sch. 3.
Modifications etc. (not altering text)
C1S. 221 applied (with modifications) (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I.
C2S. 221 applied (with modifications) (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. Pt. I.