Employer of staff
Facts:
- The governing body is the sole employer of all staff and for
health and safety, they have legal responsibility as such
- Governors enjoy greater freedom to restructure and establish
consistency particularly with regard to support staff as a single
status employer
- The extended schools initiative and the introduction of
Diplomas coupled with the recent workforce reform give individual
schools an opportunity to restructure in a way that is suitable for
their particular circumstances which may be easier to achieve as a
foundation school
- 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
- If advisory rights are granted the LA has the right to be
present throughout the whole of the appointment process. See
chapter 10 of the current Guide to the Law (pdf version)
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
- The need to ensure that the school has access to quality
personnel advice either form the LA or an independent provider
© Foundation & Aided Schools National Association