EC Law: Voluntary-aided school is not a state employer

The governing body of a voluntary-aided school, even though it was responsible for the provision of a public service, was not an "emanation of the state" for the purpose of the direct application of EC Directives, the EAT holds in National Union of Teachers and others v The Governing Body of St Mary's Church of England (Aided) Junior School and others¹. This meant that employees of the school could not bring a claim under the provisions of the Business Transfers Directive.