1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.
  2. Hi Guest, welcome to the TES Community!

    Connect with like-minded education professionals and have your say on the issues that matter to you.

    Don't forget to look at the how to guide.

    Dismiss Notice

Non-maintained school & modification Order

Discussion in 'Pay and conditions' started by Karamo1969, Jun 25, 2019.

  1. Karamo1969

    Karamo1969 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. Karamo1969

    Karamo1969 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.

Share This Page