Self-Governing Schools etc. (Scotland) Act 1989

Staff S

22 Transfer of staff to self-governing schools. S

(1) Subject to subsection (2) below, this section applies to any person who immediately before the incorporation date in relation to a school—

(a) is employed by the education authority by whom the school is maintained in a post (whether teaching or non-teaching and whether or not at the school) which involves his working solely at the school or has been assigned to work solely at the school; or

(b) is employed by that authority to work at the school and is designated for the purposes of this section, either individually or as a member of a class or description of employees, by a direction given by the Secretary of State.

(2) This section does not apply to any person employed as mentioned in subsection (1) above—

(a) whose contract of employment terminates on the day immediately preceding the incorporation date or who before that date has been—

(i) appointed or assigned by the education authority concerned to work solely at another school as from that date; or

(ii) withdrawn from work at the school with effect as from that date; or

(b) who is employed in connection with the provision of meals, unless the meals are provided for consumption only at the school.

(3) The contract of employment between a person to whom this section applies and the education authority by whom he is employed shall have effect from the incorporation date as if originally made between him and the board of management of the school.

(4) A person who before the incorporation date has been appointed or assigned by the education authority by whom the school is maintained to work at the school as from that date (or some later date) shall be treated for the purposes of this section as if he had been employed by that authority immediately before that date to do such work at the school as he would have been required to do on or after that date under his contract of employment with that authority.

(5) Without prejudice to subsection (3) above—

(a) all the education authority’s rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of this section be transferred to the board of management on the incorporation date; and

(b) anything done before that date by or in relation to the education authority in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the board of management.

(6) Where—

(a) the contract of employment of a person employed by an education authority includes a term (however expressed) to the effect that the person may be assigned to work at more than one of the schools managed by them; and

(b) by virtue of a direction given under subsection (1)(b) above that contract is to have effect as if made between him and a board of management,

the term shall, in accordance with subsections (3) and (5) above, give the right of assignation to the board, so however that the schools (other than the self-governing school) to which the person may be assigned if the authority agree shall be those to which he might have been assigned had no direction been given.

(7) Subsections (3) and (5) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section.

23 Further provision as regards teachers in self-governing schools. S

(1) It may be prescribed that only registered teachers shall be employed, or continue to be employed, as teachers in self-governing schools, subject to such exceptions as may from time to time be prescribed.

(2) Section 89 of the 1980 Act (age of retirement of teachers) shall apply to teachers employed by the board of management of a self-governing school as it applies to those employed by an education authority or by the managers of a grant-aided school.

24 Effect of pending procedure for acquisition of self-governing status on appointment etc. of staff. S

(1) Subject to section 14(2) of this Act, an education authority who have received from a school board written notice under subsection (6) of section 13 of this Act, either of a first resolution or of a request, shall not, until one of the conditions specified in subsection (2) below is satisfied as regards the school—

(a) appoint any person to fill a vacancy in a post (whether teaching or non-teaching) at, or which involves his working solely at, the school;

(b) dismiss any person who is employed in such a post;

(c) alter, or agree to alter, the terms and conditions of employment of any person who is employed in such a post where the like alteration is not made or agreed as respects all other persons employed by them (whether or not at the school) in the same category of post; or

(d) withdraw any person from work at the school (otherwise than by dismissing him),

without the board’s consent; and the obtaining of such consent shall be in addition to any requirement imposed by section 11 of and Schedule 2 to the 1988 Act.

(2) The conditions mentioned in subsection (1) above are that—

(a) in a case where the notice received was of a first resolution, forty-six days have passed since the date of that resolution without the education authority having received written notice, under subsection (6) of section 13 of this Act, of a second resolution;

(b) the result of a ballot held in accordance with section 14 of this Act is not as is mentioned in subsection (1) of section 16 of this Act and two weeks have thereafter passed without the Secretary of State having declared the ballot void under section 15 of this Act; or

(c) proposals published in accordance with subsection (2) of the said section 16 are either rejected by the Secretary of State or are withdrawn without a requirement being imposed under section 18(2) of this Act.