The land and buildings belong to a charity, but the governing body runs the school, employs the staff and controls admissions. Funding comes partly from the LA and partly from the charity. Foundation schools are run by the governing body, which also owns the land and buildings, employs the staff, controls admissions and sources and buys in support services.
The funding comes from the LA. What is the difference between voluntary controlled VC schools and voluntary aided VA schools? What do maintained schools do? There are key differences between maintained schools and free schools and academies.
One of these concerns the teaching. Maintained schools have to follow the National Curriculum , although they can focus on specific subjects such as RE in a church school as long as they meet the curriculum requirements across the board.
Class sizes are capped at 30 pupils, and at primary level, they are not allowed to select pupils on the basis of their academic ability. They pay teachers according to the national pay scale and have to provide regular performance reviews.
Other types of maintained school have a little more freedom, but have to go through a formal consultation process if they want to change the timings of the school day. All types of school except independent schools are inspected by Ofsted and have to meet national targets. Ms Emery was employed as a teacher at the school under a contract of employment.
Because the school was a community school, the local authority was her employer, Regulation 20 provided that if the governing body determined that she should be dismissed, her employment had to be terminated by the authority. On February 28, a meeting of a panel of governors which was attended by a representative of the local authority determined that Ms Emery ought to be dismissed. The local authority representative stated that the date of dismissal was the date of the meeting; that she was entitled to contractual notice pay, ending 30 th April, and that a letter confirming the dismissal would be sent to her.
Whilst the governing body wrote to her on the 28 th February, confirming that the local authority would be terminating her contract on notice ending April 30; it was not until the 29 th February that the local authority wrote to her formally terminating her employment as of the 30 th April.
Ms Emery did not receive the letter until the 1 st March. Although the Authority argued that the employment had been ended by either the governing body or the representative of the local authority at the meeting on the 28 th February, that was not accepted by the EAT.
The letters produced specifically countermanded that view. Furthermore, it was accepted by the EAT that the Regulations to not permit a delegation by a local authority of what is their statutory obligation imposed by Regulation There is an interesting aspect to the Regulations cited: the authority clearly has some limited decision-making role; and the authority has to carry out its statutory duty.
If they fail to do so, either on time the authority has 14 days , or at all, this can have a serious effect on the Employees. Regulation 20 does not on the face of things give the authority an option: they must terminate the employment within 14 days either with or without notice as the case dictates. I would always advise checking this point, particularly if running an unfair dismissal case for a member of School staff: it may turn out they may not have been dismissed at all; for example, if the authority has overlooked confirming the dismissal.
I would also bear in mind the effect of the recent decision of the Court of Appeal in Haywood v. At the time, she was on holiday; and in the event she did not read the letter until the 27 th April. In Davies v. Although not the only reason that forms part of the ratio of the case, nevertheless the High Court accepted that the School Staffing England Regulations were sufficiently drafted so as to allow the Local Authority to suspend and discipline the Claimant; utilising the Local Authorities disciplinary procedures rather than those of the School.
This principle could be particularly useful for any local authority faced with a similar situation: or for a small School without the resources to conduct a thorough investigation; or, for example, in the case of the Employee in question having some sort of conflict with the governing body.
Wherever it is employed, good practice would be to produce a formal note of the proposed course of action at the relevant meeting of the governing body, or subcommittee, as the case may be. It is also important to ensure that the Employee understands the process to be adopted to avoid a potential finding of procedurally unfair dismissal. Identity of the correct Employer of course makes a difference in the drafting of pleadings: but consider also the effect in drafting settlement agreements.
A drafting error here could well lead to a negligence claim. This is of course only possible where one is instructed by both the Local Authority and the governing body.
As can be seen, identity of the correct employer when advising any School is crucially important. Practitioners should take care in naming the correct Respondent in Tribunal or Court proceedings, and for those that represent Respondents, to correct errors in this respect.
An audit of the processes adopted within the maintained sector, particularly around suspension and dismissal, is also important given the restrictive provisions of the School Staffing England Regulations. As ever, the paper trail will be crucial, and there are certainly traps for the unwary or unexperienced practitioner to be aware of. All information on this site was believed to be correct at the time of writing.
All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author s for any errors or omissions whether negligent or not that it may contain. Pupils' rights and schools' responsibilities. School organisation and regulation. Special educational needs and disabilities SEND.
Sign-in Help. Teachers and staff in maintained schools Teachers and staff in maintained schools Practice notes. The following Local Government practice note provides comprehensive and up to date legal information covering: Teachers and staff in maintained schools Who is the employer?
Employment tribunal claims Equality Act Employment of school teachers Recruitment and appointment Qualifications Pay and conditions Other employment rights Appraisals and capability More Conduct and discipline of staff Trade unions Faith schools School Standards and Framework Act Teachers and staff at secular schools Teachers, headteachers and reserved teachers Support staff Schools of Roman Catholic religious orders Staffing and the safeguarding of children Less Who is the employer?
The employer will depend upon the status of the school. For further information on governing bodies, see Practice. Access this content for free with a trial of LexisPSL and benefit from: Instant clarification on points of law Smart search Workflow tools 36 practice areas.
Back Step 1 of 2 Basic information. Step 1 Step 2 Name. Miss Mrs. Name Click to edit. Name No Content These fields are required. Email Email id Click to edit. Email No Content This field is required. Job role Click to edit. Job role No Content This field is required. Job title. Job title Click to edit. Job title No Content This field is required.
0コメント