The following Local Government practice note provides comprehensive and up to date legal information covering:
The employer will depend upon the status of the school. The employer is:
the local authority (LA) for:
voluntary controlled schools
community special schools
maintained nursery schools
the governing body for:
voluntary aided schools
foundation special schools
trustees or a proprietor for:
For further information on academies as employers, see Practice Note: Teachers and staff in academies and free schools.
Volunteer helpers and school governors are not (in that capacity) employed staff, although they may be ‘workers’ for other purposes. For further information, see: Status and worker categories—overview.
For further information on the different types of school, see: School organisation and regulation—overview and for information on staff in academies and free schools, see Practice Note: Teachers and staff in academies and free schools.
For further information on governing bodies, see Practice Note: School governance.
School staff can bring claims in the employment tribunal on the grounds of discrimination, for breach of contract or for breach of other employment law rights. Employment tribunals can order an employee to be reinstated and can award compensation. For further information, see: Employment Tribunals—overview.
At maintained schools with a delegated budget (but not necessarily at academies or free schools), the correct respondent in most employment tribunal cases is the governing body of the school, regardless of
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