Part 8Teachers

Teachers’ pay and conditions

I1129 Transfer of employment

1

Section 122(2) shall not apply to a person if—

a

a maintained school is established in place of an independent school in pursuance of proposals published under section 28 or 31 of the School Standards and Framework Act 1998, and

b

the person becomes a school teacher in the maintained school in accordance with the F1Transfer of Undertakings (Protection of Employment) Regulations 2006.

2

But if the school teacher gives a notice in writing under this subsection to his new employer, section 122(2) shall apply to him in respect of the period beginning with—

a

a date specified in the notice,

b

if no date is specified under paragraph (a), a date agreed between the teacher and the new employer, or

c

if no date is specified under paragraph (a) or agreed under paragraph (b), the date on which the employer receives the notice.

3

Where the governing body of a foundation, voluntary aided or foundation special school receive a notice under subsection (2), they shall inform the local education authority.

4

In this section “school teacher” has the same meaning as in section 122.

5

In subsection (1) “maintained school” means—

a

a community school,

b

a foundation school,

c

a voluntary school,

d

a community special school,

e

a foundation special school, or

f

a maintained nursery school.