Part 8

Teachers

Teachers' pay and conditions

Transfer of employment
129
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.