Commentary on Sections and Schedules Part 3 – Maintained Schools Schedule 2Part 2: Effect on staffing of suspension of delegated budget: Foundation, voluntary aided and foundation special schools Section 37: Payments in respect of dismissal, etc
110.This section re-enacts the provisions of section 57 of the SSFA dealing with payments in respect of dismissal of staff from maintained schools, including payments for dismissal and securing the resignation of staff, payments required under contract or statutory provision, and payments for premature retirement. This section only differs from the SSFA provisions in so far as it includes an additional provision related to payments in respect of dismissal of staff employed for community purposes.
111.This additional provision requires the LEA to recover from the governing body any costs the authority has incurred arising from the premature retirement, dismissal, or in securing the resignation, of staff employed at the school for community or family services. However this subsection allows this requirement to be waived where the authority has agreed with the governors in writing that all or part of the costs will not be recovered in this way. The new parts of this section apply even if the delegated budget is withdrawn.
112.Where the governing body are required to pay the costs relating to dismissal or premature retirement of a member of staff employed for community purposes they may not do so out of the school’s budget share.
113.Where a member of staff is employed partly for the purpose of the school, say as a classroom assistant, and partly for community purposes, say supporting adult education, the costs must be apportioned between the school’s budget share and the funds the school holds for expenditure on community purposes.
114.Regulations may also be made which provide for the recovery of costs in relation to the dismissal of staff employed for community purposes.