Part II Schools maintained by local education authorities
Chapter VI Conduct and staffing of county, voluntary and maintained special schools
Staffing of schools with delegated budgets
139 Staffing of schools with delegated budgets: payments in respect of dismissal, etc.
1
This section applies to a county or voluntary school at any time when it has a delegated budget.
2
It shall be for the governing body to determine—
a
whether any payment should be made by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and
b
the amount of any such payment.
3
Subsection (2) does not, however, apply in relation to a payment which the authority are required to make—
a
by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or
b
under any statutory provision.
4
The local education authority—
a
shall take such steps as may be required for giving effect to any determination of the governing body under subsection (2), and
b
shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.
5
F1Subject to subsection (5A),Costs incurred by the local education authority in respect of the dismissal or premature retirement, or for the purpose of securing the resignation, of any member of the staff of the school shall not be met from the school’s budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.
F25A
Subsection (5) does not apply to costs incurred by the local education authority in respect of any premature retirement of a member of the staff of the school occurring on or after the date of the passing of the Education Act 1997; and such costs shall be met from the school’s budget share for one or more financial years except in so far as the authority agree with the governing body (whether before or after the retirement occurs) that they shall not be so met.
5B
The agreement of the local education authority for the purposes of subsection (5A) must be given in writing on or after the date of the passing of that Act.
6
The fact that the authority have a policy precluding dismissal of their employees by reason of redundancy is not to be regarded as a good reason for the purposes of subsection (5).
7
In subsection (6) the reference to dismissal by reason of redundancy shall be read in accordance with section 139 of the M1Employment Rights Act 1996.