Section 134 Employment Rights Act 1996

Section 134 of the Employment Rights Act 1996 is about Teachers in aided schools. It provides as follows:

(1)Where a teacher in a foundation, voluntary aided or foundation special school is dismissed by the governing body of the school in pursuance of a requirement of the local authority under paragraph 7 of Schedule 2 to the Education Act 2002, this Part has effect in relation to the dismissal as if—

(a)the local authority had at all material times been the teacher’s employer,

(b)the local authority had dismissed him, and

(c)the reason or principal reason for which they did so had been the reason or principal reason for which they required his dismissal.

(2)For the purposes of a complaint under section 111 as it has effect by virtue of subsection (1)—

(a)section 117(4)(a) applies as if for the words “not practicable to comply” there were substituted the words “ not practicable for the local education authority to permit compliance ”, and

(b)section 123(5) applies as if the references in it to the employer were to the local authority.

(3)In this section “ local authority ” has the meaning given by section 579(1) of the Education Act 1996.

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Source: legislation.gov.uk
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