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Education Act 2002

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Changes over time for: Section 129

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No versions valid at: 26/07/2002

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Point in time view as at 26/07/2002. This version of this provision is not valid for this point in time. Help about Status

Changes to legislation:

Education Act 2002, Section 129 is up to date with all changes known to be in force on or before 23 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Yn ddilys o 01/08/2003

129 Transfer of employmentE+W

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(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 section 28 or 31 of the School Standards and Framework Act 1998, and

(b)the person becomes a school teacher in the maintained school in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).

(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 local education 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.

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