Employment Rights Act 1996

134 Teachers in aided schools. E+W+S

(1) Where a teacher in an aided school is dismissed by the governors of the school in pursuance of a requirement of the local education authority under [F1 section 134(3) of the Education Act 1996], this Part has effect in relation to the dismissal as if—

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

(b) the local education 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 local education authority.

Textual Amendments

F1 Words in s. 134(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 130 (with s. 1(4), Sch. 39)