NASUWT Representatives

www.nasuwt.org.uk69Governing BodiesSchool governing bodies derive their authority from legislationand from the ‘Instrument of Government’ appertaining to theirschool. NASUWT Representatives need to understand thepowers of governing bodies in relation to teaching staff.In community schoolsThe LA remains the employer, but governing bodies will decide:2 the spending of the school’s budget;2 staffing structures (subject to the STPCD);2 the number of teachers (and other staff) employed;2 recruitment and dismissal of staff;2 salary levels and allowances (subject to the STPCD);2 staff discipline and grievance procedures.In addition, governing bodies must have policies on equalopportunities, health and safety, performance management andpay.Voluntary aided schoolsVoluntary aided (VA) school governors are employers in theirown right. They have additional duties, including additionalhealth and safety responsibilities as the employer. Governors ofthe LA and VA schools often adopt existing LA policies andprocedures.Foundation schools, including trust schoolsGoverning bodies are the employers and, therefore, in additionto the powers described above, have more wide-rangingpowers and responsibilities such as:2 the spending of the whole school budget;2 complete control over numbers of staff employed andpay levels (within the STPCD unless the school haswritten permission from the Secretary of State forEducation to opt out of national arrangements using thepower to innovate);2 health and safety policy and arrangementsAcademiesAcademies are the employers and have even more widerangingpowers than foundation schools, including the power toemploy teachers on terms and conditions outside of theSTPCD, unless they transfer from a maintained school that isbeing replaced by the academy, in line with the TUPEregulations.Consultation and negotiationNASUWT Representatives should try to have established propermachinery for consultation/negotiation on the modelrecommended by the NASUWT (see Appendix 1). Teachers whoFor advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive