The Education Reform (Northern Ireland) Order 1989

Transfer of staff to grant‐maintained integrated school N.I.

76.—(1) Subject to paragraph (3), this Article applies to any person who—

(a) immediately before the incorporation date in relation to a grant‐maintained integrated school which is then a voluntary school is employed by the Board of Governors of the school; or

(b) immediately before the incorporation date in relation to a grant‐maintained integrated school—

(i) is employed by the [F1 Authority] or the Council for Catholic Maintained Schools to work solely at the school; or

(ii) is employed by [F2 the Authority] to work at the school and is designated for the purposes of this Article by an order made by the Department.

(2) A person employed by [F2 the Authority] in connection with the provision of meals shall not be regarded for the purposes of paragraph (1)(b) as employed to work solely at a school unless the meals are provided solely for consumption by persons at the school.

(3) This Article does not apply to—

(a) any person employed as mentioned in paragraph (1)(a) or (b) whose contract of employment terminates on the day immediately preceding the incorporation date;

(b) any person employed as mentioned in paragraph (1)(b) who before that date has been—

(i) appointed or assigned by the [F1 Authority] or the Council for Catholic Maintained Schools to work solely at another school as from that date; or

(ii) withdrawn from work at the school with effect as from that date.

(4) A person who before the incorporation date has been appointed or assigned by the [F1 Authority] or the Council for Catholic Maintained Schools to work at the school as from that date shall be treated for the purposes of this Article as if he had been employed by that body 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 body.

(5) References below in this Article to the former employer are references—

(a) in relation to a person to whom this Article applies by virtue of paragraph (1)(a), to the Board of Governors of the school immediately before the incorporation date; and

(b) in relation to a person to whom this Article applies by virtue of paragraph (1)(b), to the [F1 Authority] or the Council for Catholic Maintained Schools (as the case may be).

(6) The contract of employment between a person to whom this Article applies and the former employer shall have effect from the incorporation date as if originally made between him and the Board of Governors of the grant‐maintained integrated school.

(7) Without prejudice to paragraph (6)—

(a) all the former employer's rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies shall by virtue of this Article be transferred to the Board of Governors of the grant‐maintained integrated school on the incorporation date; and

(b) anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to that Board of Governors.

(8) Paragraphs (6) and (7) 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 Article.

(9) An order under this Article may designate a person either individually or as a member of a class or description of employees.

F1 Word in art. 76 substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 11(5) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)

F2 Words in Order substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 1(1)(a) (with Sch. 2 para. 4(3), Sch. 3 para. 1(2)); S.R. 2015/35, art. 2(b)