HC Deb 09 February 1981 vol 998 cc247-8W
Mr. van Straubenzee

asked the Secretary of State for Employment whether, in the light of the Court of Appeal judgment in the case of Gardiner v London Borough of Merton, he now intends to bring forward legislation to remove teachers and other staff in aided schools from the effects of the provisions of the Employment Act 1980 which alter the rights of employees in small firms.

Mr. Waddington

Yes. Subordinate legislation under powers contained in the Employment Protection (Consolidation) Act 1978 is being prepared and in due course will be laid before Parliament. It will ensure that those teachers and certain other staff, whose remuneration is payable by the local education authority but who are employed by the governors of an aided school, will be removed from the effects of sections 8(1) and 12 of the Employment Act 1980 in respect of employees in small firms. This will bring their position under the employment protection legislation into line with that of their colleagues in maintained schools in the same local education authority.