Teachers and staff in maintained schools

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 2010
  • Employment of school teachers
  • Recruitment and appointment
  • Qualifications
  • Pay and conditions
  • Other employment rights
  • Appraisals and capability
  • More...

Teachers and staff in maintained schools

Who is the employer?

The employer will depend upon the status of the school. The employer is:

  1. the local authority (LA) for:

    1. community schools

    2. voluntary controlled schools

    3. community special schools

    4. maintained nursery schools

  2. the governing body for:

    1. foundation schools

    2. voluntary aided schools

    3. foundation special schools

  3. trustees or a proprietor for:

    1. academies

    2. free schools

    3. independent schools

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.

Employment tribunal claims

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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