Education (Modification of Enactments Relating to Employment) Order 1998

JurisdictionUK Non-devolved
CitationSI 1998/218

1998 No. 218

EDUCATION, ENGLAND AND WALES

The Education (Modification of Enactments Relating to Employment) Order 1998

Made 6th February 1998

Laid before Parliament 9th February 1998

Coming into force 2nd March 1998

The Secretary of State for Education and Employment, in exercise of the power conferred by section 178 of the Education Act 19961and 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 103 of that Act

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

S-1 Citation, commencement, transition and revocation

Citation, commencement, transition and revocation

1.—(1) This Order may be cited as the Education (Modification of Enactments Relating to Employment) Order 1998 and shall come into force on 2nd March 1998.

(2) The references to the Disability Discrimination Act 19952in Article 3(2)(b) and in the Schedule hereto shall not apply in respect of any act or omission occurring before the coming into force of this Order.

(3) The Education (Modification of Enactments Relating to Employment) Order 19893is hereby revoked.

S-2 Interpretation

Interpretation

2. In this Order—

(1) “the Act” means the Education Act 1996;

“governing body” means the governing body for the time being of a school which is maintained by a local education authority and references to the local education authority are references to the local education authority by which the school is maintained; and

“school” has the meaning assigned to it by section 4 of the Act;

(2) references to employment powers are references to the powers as to appointment, suspension, discipline and dismissal of staff conferred by or under sections 136, 137(6) and 139 of, and Schedule 14 and paragraph 19 of Schedule 19 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 for which they are responsible are for the time being delegated by virtue of section 116 of the Act, or to whom powers in relation to the budget shares of new schools are for the time being delegated by section 126 thereof and Schedule 12 thereto, as the case may be.

S-3 General modifications of employment enactments

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)

(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 23(1) of Schedule 14 to the 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 Employment Rights Act 19964; 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 1995 to apply,

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

S-4 Dismissals

Dismissals

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

(a) section 92 of the Employment Rights Act 1996 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 Employment Rights Act 1996 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...

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