Part 8Teachers
Teachers’ pay and conditions
I1129 Transfer of employment
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 F2the 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 F1Transfer 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 F4local 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.
F36
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 section 7 or 11 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 F5or Part 3 of the School Standards and Organisation (Wales) Act 2013.