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Non-maintained school & modification Order

Discussion in 'Pay and conditions' started by kjp, Jun 25, 2019.

  1. kjp

    kjp New commenter

    If someone is made redundant from a maintained school and takes up employment in a non-maintained Special school will this count as continuous employment for redundancy under the modification order?

    The union says yes as it’s a special school and the EHCPs are funded by LAs.

    The non-maintained Special school contract says no previous employment will be considered as continuous employment in the event of redundancy.
     
  2. Rott Weiler

    Rott Weiler Star commenter Forum guide

    I don't believe NMSS are within the Order. I wrote a detailed explanation of why but when I posted it TES swallowed it and it disappeared. I don't have time to redo it all, sorry.

    You could ask your current LA whether they consider a job in an NMSS is within the Order, as it's your current LA employer who would have to decide whether to pay &/or claw back any redundancy pay.
     
  3. kjp

    kjp New commenter

    Thank you. I was trying to avoid asking my current LA but may have to with my union not being 100% sure
     
  4. Rott Weiler

    Rott Weiler Star commenter Forum guide

    The main point that I'd tried to post last night is that there is a long list of organisations in Schedule 1 of the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 but the list does not include NMSS. With due respect to your union I don't see how the LA paying the fees of children to attend a private school - that's essentially what an NMSS is - turns an NMSS into a local government establishment.
     
    Piranha likes this.

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