Employment Rights Act 1996

134 Teachers in aided schools. E+W+S

(1) Where a teacher in [F1 a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a requirement of the [F2 local authority] under [F3 paragraph 7 of Schedule 2 to the Education Act 2002]], this Part has effect in relation to the dismissal as if—

(a) the [F2 local authority] had at all material times been the teacher’s employer,

(b) the [F2 local authority] had dismissed him, and

(c) the reason or principal reason for which they did so had been the reason or principal reason for which they required his dismissal.

(2) For the purposes of a complaint under section 111 as it has effect by virtue of subsection (1)—

(a) section 117(4)(a) applies as if for the words “not practicable to comply” there were substituted the words “ not practicable for the local education authority to permit compliance ”, and

(b) section 123(5) applies as if the references in it to the employer were to the [F2 local authority].

[F4 (3) In this section “ local authority ” has the meaning given by section 579(1) of the Education Act 1996. ]

Textual Amendments

F1 Words in s. 134(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 55 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

F2 Words in s. 134 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 41(3)(a)

F3 Words in s. 134(1) substituted (1.9.2003 for E.S. and 1.4.2006 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 30 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4 (with Sch. 1 (as amended (1.4.2004) by S.I. 2004/571, reg. 3 and S.I. 2005/2570, (art. 2))); S.I. 2006/879, art. 4, Sch.

F4 S. 134(3) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 41(3)(b)