The School Governance (Contracts) (England) (Revocation) Regulations 2011 will come into force on 20th July 2011. They revoke the School Governance (Contracts) (England) Regulations 2005, which required governing bodies of maintained schools, when entering into contracts, to have regard to the Code of Practice on Workforce Matters in Public Sector Service Contracts (“the Code”).
The aim of the Code was to ensure that, even where TUPE did not apply to transferring staff, the principles of TUPE would be followed, so that the staff would be treated as if TUPE applied to them. The Code also provided that new employees hired by the contractor should be employed on terms and conditions “no less favourable overall” than the terms on which former public sector workers were employed.
The Code was withdrawn with immediate effect on 13th December 2010. This was followed by the withdrawal of the Best Value Code of Practice on Workforce Matters in Local Authority Service Contracts on 23rd March 2011. So the 2o11 Regulations regularise the position for maintained schools by revoking the 2005 Regulations.
Peter Oldham QC