Section 289 Employment of certain teachers: pay and conditions.

After section 3 of the M1School Teachers’ Pay and Conditions Act 1991 (special provisions as to grant-maintained schools) there is inserted—

“ Special provisions for teachers on transfer of employment.

3A

(1)

This section applies where a school teacher employed to teach at an independent school—

(a)

which becomes a county or voluntary school in pursuance of proposals published under section 12(1)(b) or, as the case may be, 13(1)(a) of the Education Act 1980, or

(b)

in place of which a grant-maintained school is established in pursuance of proposals published under section 49 of the Education Act 1993,

becomes employed (in the case of a county or voluntary school) by the local education authority or the governing body or (in the case of a grant-maintained school) by the governing body in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981.

(2)

A pay and conditions order shall not apply to the statutory conditions of employment of such a teacher unless he gives notice in writing to the new employer that the order is to so apply.

(3)

Where the governing body of an aided school receive notice given under subsection (2) above, they shall inform the local education authority.”