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Regulation 4 Eligible employment

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A person is in eligible employment if he—

(a)

is employed to work as a teacher at—

(i)

an institution within the further education sector,

(ii)

an institution within the higher education sector, or

(iii)

a specialist college,

in England or Wales;

(b)

is employed under a permanent contract or a fixed-term contract of employment for a period of at least 8 continuous weeks with a relevant institution or a local education authority;

(c)

subject to paragraphs (2) and (3), is employed under a contract of employment which commenced on or after 1st July 2002 and before 1st July 2005;

(d)

in relation to employment as a teacher at a primary school, is employed for at least half his teaching time as a primary specialist;

(e)

in relation to employment at a school other than a primary school, is employed for at least half his teaching time to teach one or more shortage subjects; and

(f)

in relation to employment at an institution other than a school, is employed for at least half his teaching time to teach one or more shortage subjects in further education.

(2)

Subject to paragraphs(3) and (5) and regulation 6, a person shall cease to be in eligible employment where he changes employer.

(3)

A person remains in eligible employment where—

(a)

he changes employer but remains in eligible employment within the meaning of paragraph (1) but disregarding paragraph (1)(c);

(b)

he changes employer but remains in eligible employment within the meaning of paragraph (1) but disregarding paragraph(1)(c),(d),(e)and(f)and he works in a management position;

(c)

he ceases to teach a shortage subject for a period of not more than 12 months in any continuous period of 24 months and continues to teach at the same relevant institution, and his employer certifies that this cessation is in the interests of the relevant institution; or

(d)

he is employed at a specialist college which ceases to be funded by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

(4)

Paragraph (1)(c) shall not apply to any further eligible employment an eligible teacher obtains in addition to his existing eligible employment.

(5)

A person does not remain in eligible employment for the purposes of paragraph (3) (a) and (b) if—

(a)

he changes his employer and that change results in a break of more than 7 days between his ceasing one eligible employment and commencing another, or

(b)

he changes his employer and that change results in his ceasing to work as a teacher qualified to teach at an institution within the further education sector and his commencing work at a school where he is not qualified to teach.