Part I Further education
Chapter II Institutions within the further education sector
Transfer of property, etc., to further education corporations
I126 Transfer of staff to further education corporations.
C1C441
This section applies to any person who immediately before the operative date in relation to a further education corporation established to conduct an institution which, on the date the corporation was established, was maintained by a local education authority F1. . .—
a
is employed by the transferor to work solely at the institution the corporation is established to conduct, or
b
is employed by the transferor to work at that institution and is designated for the purposes of this section by an order made by the Secretary of State.
C2C3C1C5C4C7C6C8C11C17C14C18C21C22C23C26C29C33C32C36C40C41C42C44C43C392
A contract of employment between a person to whom this section applies and the transferor shall have effect from the operative date as if originally made between that person and the corporation.
C2C3C1C5C4C7C6C9C12C15C17C19C21C22C24C27C30C34C32C37C40C41C42C44C43C393
Without prejudice to subsection (2) above—
a
all the transferor’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 corporation on the operative date, and
b
anything done before that date by or in relation to the transferor in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the corporation.
C2C3C1C5C4C7C6C10C13C17C16C20C21C22C25C28C31C35C32C38C40C41C42C44C43C394
Subsections (2) and (3) 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.
C1C445
An order under this section may designate a person either individually or as a member of a class or description of employees.
6
References in this section, in relation to a further education corporation, to the transferor are—
a
in relation to a corporation established to conduct an institution which, on the date on which it was established, was maintained by a local education authority, F2references to that authority, and,
F3b
in relation to a corporation established to conduct an institution which, on that date, was a foundation or voluntary aided school, references to the governing body of that school.
7
For the purposes of this section—
a
a person employed by the transferor is to be regarded as employed to work at an institution if his employment with the transferor for the time being involves work at that institution, and
b
subject to subsection (8) below, a person employed by the transferor is to be regarded as employed to work solely at an institution if his only employment with the transferor (disregarding any employment under a separate contract with the transferor) is for the time being at that institution.
8
A person employed by the transferor in connection with the provision of meals shall not be regarded for the purposes of subsection (7)(b) above as employed to work solely at an institution unless the meals are provided solely for consumption by persons at the institution.
9
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .