Employer of staff
Facts:
- The governing body is the sole employer of all staff and for
health and safety and so have legal responsibility
- Governors enjoy greater freedom to restructure and establish
consistency particularly with regard to support staff as a single
status employer
- The school is able to take decisions about the appointment of a
new headteacher and deputy heads, subject to the implications of
granting of LA advisory rights
LA / foundation schools need to be aware of:
- The need to comply with STPCD (School Teachers’ Pay and
Conditions Document) with regard to terms and conditions of
teachers’ employment
- The transfer of employment for all staff in a school now takes
place under Education Regulations Paragraphs 29 to 32 of Schedule 1
to the School Organisation (Prescribed Alterations to Maintained
Schools) (England) Regulations 2007 rather than TUPE regulations.
The effect of these provisions is still to protect an individual’s
employment rights on transfer. Any agreements entered into by the
LA before this date, in respect of an individual’s terms and
contract of employment (including pension arrangements) must
therefore be honoured by the new employer
© Foundation & Aided Schools National Association