Section 129 Transfer of employmentI1

England and Wales

(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 F1the relevant school organisation provisions (as defined by subsection (6)), and

(b)

the person becomes a school teacher in the maintained school in accordance with the F2Transfer of Undertakings (Protection of Employment) Regulations 2006.

(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 F3local 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, F4...

(f)

a maintained nursery school F5, or

(g)

a pupil referral unit.

F6(6)

In subsection (1)(a) “the relevant school organisation provisions” means—

(a)

in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or F7section 7 or 10 of the Education and Inspections Act 2006, and

(b)

in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998 F8or Part 3 of the School Standards and Organisation (Wales) Act 2013.

Annotations

Textual amendments

F1: Words in s. 129(1)(a) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 47(2); S.I. 2007/935, art. 7(o)
F2: Words in s. 129(1)(b) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 1(h)
F3: 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), art. 1, Sch. 2 para. 11(2)
F4: Word in s. 129(5)(e) omitted (1.9.2026) by virtue of The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026 (S.I. 2026/855), regs. 1(2), 3(2)(a)
F5: S. 129(5)(g) and word inserted (1.9.2026) by The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026 (S.I. 2026/855), regs. 1(2), 3(2)(b)
F6: S. 129(6) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 47(3); S.I. 2007/935, art. 7(o)
F7: Words in s. 129(6)(a) substituted (1.9.2026) by The Children’s Wellbeing and Schools Act 2026 (Establishment of Schools) (Consequential Amendments) Regulations 2026 (S.I. 2026/855), regs. 1(2), 3(3)
F8: Words in s. 129(6)(b) inserted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 21(7); S.I. 2013/1800, art. 3(j)

Commencement

I1: S. 129 in force at 1.8.2003 by S.I. 2003/1667, art. 2