asked the Secretary of State for Education and Science what study he has made of the compatibity of school articles of government, which leave the appointment of staff in the hands of the governing bodies rather than the local education authority, with the provisions of the Employment Protection Act with regard to the findings of industrial tribunals.
Section 24(2) of the Education Act 1944 provides inter alia that the articles of government of every aided school shall make provision for the appointment of teachers by the governors of the school, but that they shall also make provision for enabling the local education authority to require the dismissal of any teacher. Section 80 of the Employment Protection (Consolidation) Act 1978 provides that where a teacher is required to be dismissed by a local education authority in this way the authority shall be regarded as the employer for the purposes of the Act and of any subsequent proceedings before an industrial tribunal.If the hon. Member has any particular concern with regard to these provisions he might like to write to my right hon. and learned Friend.