Education (Modification of Enactments Relating to Employment) Order 1999
1999 No. 2256
EDUCATION, ENGLAND AND WALES
The Education (Modification of Enactments Relating to Employment) Order 1999
Made 9th August 1999
Laid before Parliament 11th August 1999
Coming into force 1st September 1999
The Secretary of State for Education and Employment, in exercise of the power conferred by sections 81 and 138(7) of the School Standards and Framework Act 19981and after consulting—
(a) such associations of local authorities,
(b) such bodies representing the interests of governors of grant-maintained or voluntary schools (within the meaning of the Education Act 19962), and
(c) such organisations representing staff in county, voluntary, maintained special, grant-maintained or grant-maintained special schools (within the meaning of the Education Act 1996),
as appeared to be concerned, hereby makes the following Order:
Citation, commencement and revocation
1.—(1) This Order may be cited as the Education (Modification of Enactments Relating to Employment) Order 1999 and shall come into force on 1st September 1999.
(2) The Education (Modification of Enactments Relating to Employment) Order 19983is hereby revoked.
Interpretation
2.—(1) In this Order—
“the 1996 Act” means the Employment Rights Act 19964;
“the 1998 Act” means the School Standards and Framework Act 1998;
“governing body” means the governing body of a school which is maintained by a local education authority;
“governing body having a right to a delegated budget” has the same meaning as in Part II of the 1998 Act;
“local education authority” means the local education authority by which the school is maintained; and
“school having a delegated budget” has the same meaning as in Part II of the 1998 Act.
(2) In this Order references to employment powers are references to the powers of appointment, suspension, discipline and dismissal of staff conferred by or under sections 54 and 57(1) to (3) of, and Schedule 16 and paragraph 27 of Schedule 17 to, the 1998 Act.
(3) In this Order a reference to an article is a reference to an article of this Order, a reference in an article to a paragraph is a reference to a paragraph of that article, and a reference to the Schedule is a reference to the Schedule to this Order.
General modifications of employment enactments
3.—(1) In their application to governing bodies having a right to a delegated budget, the enactments set out in the Schedule shall have effect as if—
(a)
(a) any reference (however expressed) to an employer, a person by whom employment is offered, or a principal included a reference to the governing body acting in the exercise of their employment powers and as if that governing body had at all material times been such an employer, person or principal;
(b)
(b) in relation to the exercise of the governing body’s employment powers, employment by the local education authority at a school were employment by the governing body of that school;
(c)
(c) references to employees were references to employees at the school in question;
(d)
(d) references to dismissal by an employer included references to dismissal by the local education authority following notification of a determination by a governing body under paragraph 25(1) of Schedule 16 to the 1998 Act; and
(e)
(e) references to trade unions recognised by an employer were references to trade unions recognised by the local education authority or the governing body.
(2) Nothing in paragraph (1) shall be taken as causing—
(a)
(a) the governing body to meet the condition stated in section 96(2)(a) of the 1996 Act; or
(b)
(b) the exemption in respect of an employer with fewer employees than is specified in section 7(1) of the Disability Discrimination Act 19955to apply,
if it would not have done so but for the operation of that paragraph.
(3) The references to the Disability Discrimination Act 19956in paragraph (2)(b) and in the Schedule shall not apply in respect of any act or omission occurring before 2nd March 1998.
Dismissals
4. Without prejudice to the generality of article 3, where an employee employed at a school having a delegated budget is dismissed by the local education authority following notification of such a determination as is mentioned in article 3(1)(d)—
(a) section 92 of the 1996 Act shall have effect as if the governing body had dismissed him and as if references to the employer’s reasons for dismissing the employee were references to the reasons for which the governing body made their determination; and
(b) Part X of the 1996 Act7shall have effect in relation to the dismissal as if the governing body had dismissed him, and the reason or principal reason for which the governing body did so had been the reason or principal reason for which they made their determination.
Trade disputes
5.—(1) Subject to paragraph (2), a dispute between staff employed to work at a school having a delegated budget and the school’s governing body, which relates wholly or mainly to one or more of the...
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