Change 1 Article Choose an article Title and introductory text 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Initial incorporation of existing institutions. 16 Orders incorporating further institutions. 16A Publication of proposals 17 “Further education corporation” and “operative date”. 18 Principal powers of a further education corporation. 19 Supplementary powers of a further education corporation. 19A Duty in relation to promotion of well-being of local area 20 Constitution of corporation and conduct of the institution. 21 Initial instruments and articles. 22 Subsequent instruments and articles 22A Charitable status of a further education corporation 23 Transfer of property, etc.: institutions maintained by local authorities 24 Provisions supplementary to section 23. 25 Transfer of property, etc. from foundation bodies. 26 Transfer of staff to further education corporations. 27 Proposals for dissolution of further education corporations 27A Dissolution of further education corporations 27B Dissolution of further education corporations: transfer of property, rights and liabilities 27C Restrictions on dissolution in insolvency situations 28 Designation of institutions. 29 Government and conduct of designated institutions 29A First post-designation instruments and articles of designated institutions... 29B Changes to instruments and articles 30 Special provision for certain institutions. 31 Designated institutions conducted by companies. 32 Transfer of property, etc., to designated institutions. 33 Provisions supplementary to section 32. 33A Initial designation of existing bodies corporate as sixth form college corporations 33B Subsequent designation of existing bodies corporate as sixth form college corporations 33C Establishment of new bodies corporate as sixth form college corporations 33D Conversion of sixth form college corporations into further education corporations 33E Principal powers of a sixth form college corporation 33F Supplementary powers of a sixth form college corporation 33G Further provision about supplementary powers 33H Duty in relation to promotion of well-being of local area 33I Constitution of sixth form college corporation and conduct of sixth form college 33J Special provision for certain institutions 33K Instrument and articles of new sixth form college corporations 33L Changes to instruments and articles 33M Charitable status of a sixth form college corporation 33N Proposals for dissolution of sixth form college corporations 33O Dissolution of sixth form college corporations 33P Dissolution of sixth form college corporations: transfer of property, rights and liabilities 33Q Restrictions on dissolution in insolvency situations 34 Making additional property available for use. 35 Voluntary transfers of staff in connection with section 34. 36 General provisions about transfers under Chapter II. 37 Attribution of surpluses and deficits. 38 Payments ... in respect of loan liabilities. 39 Control of disposals of land. 40 Wrongful disposals of land. 41 Control of contracts. 42 Wrongful contracts. 43 Remuneration of employees. 44 Collective worship. 45 Religious education. 46 Variation of trust deeds. 47 Transfer of higher education institutions to further education sector. 48 Statutory conditions of employment. 49 Avoidance of certain contractual terms. 49A Consultation 49B Destinations 50 Information with respect to institutions within the further education sector. 51 Publication of proposals. 51A Duty to provide for named individuals: England 52 Duty to provide for named individuals: Wales 52A Duty to safeguard pupils receiving secondary education. 52B Duty to review provision in relation to local needs: England 53 Inspection of accounts. 54 Duty to give information. 55 Inspection etc. of local authority institutions, other than schools, and advice to Secretary of State. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56A Intervention: England 56AA Appointment by Chief Executive of Skills Funding of members of governing body of further education institutions 56B Intervention policy: England 56C Directions 56D Notification by local authority or YPLA of possible grounds for intervention 56E Intervention by Secretary of State : sixth form colleges 56F Appointment by local authorities of members of sixth form college governing body 56G Intervention policy: sixth form colleges 56H Intervention by YPLA 56I Appointment by YPLA of members of sixth form college governing body 56J Notification by Chief Executive of Skills Funding of possible grounds for intervention 57 Intervention : Wales 57A Intervention policy: Wales 58 Reorganisations of schools involving establishment of further education corporation. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Saving as to persons detained by order of a court. 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Interpretation of Part I. 61A References to appropriate bodies 62 The Higher Education Funding Council for Wales. 63 Dissolution of existing councils. 64 Transitional arrangements. 65 Administration of funds by the HEFCW. 66 Administration of funds: supplementary. 67 Payments in respect of persons employed in provision of higher or further education. 68 Grants to the HEFCW. 69 Supplementary functions. 70 England: assessment of quality of education provided by institutions. 71 Higher education corporations: constitution and conduct. 72 Further power of designation. 73 Government and conduct of designated institutions. 74 Transfer of further education institutions to higher education sector. 75 Variation of trust deeds. 76 Power to award degrees, etc. 77 Use of “university” in title of institution. 78 Financial years of higher education corporations : Wales. 79 Duty to give information to the HEFCW. 79A Power to request information from higher education institutions that are exempt charities 80 Dissolution of Council for National Academic Awards. 81 Directions. 82 Joint exercise of functions. 83 Efficiency studies. 84 Effect of agreements made before date of transfer. 85 Finance and government of locally funded further and higher education. 85A Nuisance or disturbance on educational premises 85AA Power of members of staff to search students for prohibited items: England 85AB Power of search under section 85AA: supplementary 85AC Power to seize items found during search under section 85AA 85AD Section 85AC: supplementary 85B Power to search further education students for weapons : Wales 85C Power of members of staff to use force 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Transfers of property, etc: supplementary provision. 88 Stamp duty. 88A Stamp duty land tax 89 Orders, regulations and directions. 90 Interpretation. 91 Interpretation of Education Acts. 92 Index. 93 Amendments and repeals. 94 Short title, commencement, etc. SCHEDULE 1 The Further and Higher Education Funding Councils SCHEDULE 2 Courses of Further Education SCHEDULE 3 Calculation of Enrolment Numbers SCHEDULE 4 INSTRUMENTS AND ARTICLES OF GOVERNMENT SCHEDULE 5A SCHEDULE 6 New Schedule 7A to the Education Reform Act 1988 SCHEDULE 7 Transfers: supplementary provisions SCHEDULE 8 Minor and Consequential Amendments SCHEDULE 9 Repeals
What to do with it
As published
49 Avoidance of certain contractual terms.
(1) This section applies to any contract made between the governing body of an institution within the further education sector and any person employed by them, not being a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.
(2) In so far as a contract to which this section applies provides that the employee—
(a) shall not be dismissed by reason of redundancy, or
(b) if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay to him under Part XI of the Employment Rights Act 1996,
the contract shall be void and of no effect.
Your wording
Your change, as a redline
49 Avoidance of certain contractual terms.
(1) This section applies to any contract made between the governing body of an institution within the further education sector and any person employed by them, not being a contract made in contemplation of the employee’s pending dismissal by reason of redundancy.
(2) In so far as a contract to which this section applies provides that the employee—
(a) shall not be dismissed by reason of redundancy, or
(b) if he is so dismissed, shall be paid a sum in excess of the sum which the employer is liable to pay to him under Part XI of the Employment Rights Act 1996,
the contract shall be void and of no effect.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.