Clause 9 - Determination of pay and conditions
Education Bill
3:57 pm
Mr Phil Willis (Harrogate and Knaresborough, Liberal Democrat)
The Minister has now raised an important issue. As he knows, the provision it does not work under the Transfer of Undertakings (Protection of Employment) regulations. Is he now saying that a school that had earned autonomy and had disapplied its staff's pay and conditions would be allowed to issue a contract to an employee who wanted to stay on his existing terms and conditions? Alternatively, if a school forced that employee to go on to new terms and conditions, as happened after 1993 with the incorporation of further education colleges, who would have the legal responsibility for sorting out that mess? Would it be the school, the LEA, the Secretary of State or the company?