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#1 Posted : 14 July 2003 09:41:00(UTC)
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Posted By Eric Burt
This question relates to schools who now have their own budgets.

The definition of "the employer" is given (or should I say not given!!) in section 53 of HASAWA 74, but since 1988, schools have had their own budgets and now, for all intents and purposes fulfil the definition of "employer". The Governing Bodies of Aided schools are already deemed to be the employer, so it seems quite an outdated concept that the Local Education Authority is the employer (for H&S purposes) for county schools.

Has anyone been involved in any cases with the HSE where this concept has been challenged?

Thanks,


Eric
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#2 Posted : 15 July 2003 15:04:00(UTC)
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Posted By David Mains
Eric,
couldn't you argue that as the school is given a set budget from the education authority then said education authority is at least partly responsible.
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#3 Posted : 15 July 2003 15:55:00(UTC)
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Posted By Jerry Sanderson
Eric,

No cases as such but the HSE have issued guidance on who is the employer in the different categories of schools which is very clear about the LEA being the employer in community schools.

The guidance can be found at www.teachernet.gov.uk/responsibilities.

Hope this helps.

Regards.

Jerry.
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