Education (Modification of Enactments Relating to Employment) Order 1989

JurisdictionUK Non-devolved
CitationSI 1989/901

1989No. 901

EDUCATION, ENGLAND AND WALES

The Education (Modification of Enactments Relating to

Employment) Order 1989

24thMay1989

30thMay1989

1stSeptember1989

The Secretary of State for Education and Science, in exercise of the powers conferred on him by sections 222 and 232(5) of the Education Reform Act 1988 ( a) and after consulting-

(a) such associations of local authorities;(b) such bodies representing the interests of governors of voluntary schools; and(c) such organisations representing staff in schools required to be covered by schemes under section 33 of that Act or institutions required to be covered by schemes under section 139 of that Act

as appeared to him to be concerned, hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Education (Modification of Enactments Relating to Employment) Order 1989 and shall come into force on 1st September 1989.

Interpretation

2. In this Order, unless the context otherwise requires-

(1) "the Act" means the Education Reform Act 1988;

"governing body" means the governing body for the time being of an institution which provides higher education or further education (or both) and which is maintained by a local education authority or of a school which is so maintained, and references in relation to governing bodies to the local education authority are references to the local education authority by which the institution or school is maintained; and

"school" has the meaning assigned to it by section 114 of the Education Act 1944 ( b) ;

(2) references to employment powers are references to the powers as to appointment, suspension, discipline and dismissal of staff conferred by or under sections 44, 45, 46, 148 and 149 of, and Schedule 3 and paragraph 4 of Schedule 4 to, the Act; and

(3) references to governing bodies with delegated budgets are references to governing bodies to whom powers as to the expenditure of the budget share of the school or institution for which they are responsible are for the time being delegated by virtue of sections 36 or 142 of the Act, or to whom powers in relation to the budget shares of new schools are for the time being delegated by section 48 thereof and Schedule 4 thereto, as the case may be.

General modifications of employment enactments

3.-(1) In their application to governing bodies with delegated budgets, the enactments set out in the Schedule hereto shall have effect as if-

(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) in relation to the exercise of the governing body's employment powers, employment by the local education authority at a school or institution were employment by the governing body of that school or institution;(c) references to employees were references to employees at the school or institution in question;(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 8(1) of Schedule 3 to, or section 148(6) of, the Act; and(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 the governing body to meet the conditions stated in-

(a) section 56A(1)(a) of the Employment Protection (Consolidation) Act 1978 ( c) ; or(b) section 2(3)(b) of the Employment Act 1980 ( d) ;

if it would not have done so but for the operation of that paragraph.

(a) 1988 c.40.

(b) 1944 c.31, amended by section 34(1) of the Education Act 1980 (c.20) and by paragraph 7 of Schedule 12 to the Education Reform Act 1988.

(c) 1978 c.44. Section 56A was inserted by section 12 of the Employment Act 1980 (c.42).

(d) 1980 c.42.

Dismissals

4. Without prejudice to the generality of article 3, where an employee employed at a school or institution with a governing body with a delegated budget is dismissed by the local education authority following notification of such a determination as if mentioned in article 3(1)(d) above-

(a) section 53 of the Employment Protection (Consolidation) Act 1978 ( a) 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 V of the Employment Protection (Consolidation) Act 1978 ( b) shall 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. A dispute between staff employed to work at a school or institution which has a governing body with a delegated budget and that governing body which relates wholly or mainly to one or more...

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