Transfer of Undertaking (Protection of Employment)TUPE Transfer of Staff from Chesham Park Community College to The proposed Chiltern Academy

Introductions and Welcome

Kevin Patrick Principal Designate

Gordon Joyner Lead Sponsor Diocese of Oxford

Bev Curtis TUPE Adviser

Kathleen Begen

Unions Present

Head of Schools HR, Buckingham County Council

ACSL, ATL, NAHT, NASUWT, NUT, UNISON

What is TUPE

• Transfer of Undertakings (Protection of Employment) Regulations

• The current TUPE Regulations came in to force in April 2006

• The Regulations preserve employees' terms and conditions when a business or undertaking is transferred to a new employer

• Employees employed by the previous employer (transferor) when the undertaking changes hands automatically become employees of the new employer (transferee) on the same terms and conditions

What is TUPE

TUPE Regulations are statutory regulations which require that there will be consultation with the representatives of employees and preserve

– the employment of employees whose employment would have continued had there been no transfer of an undertaking

– the continuity of employment of employees as if their contracts of employment had originally been made with the new employer and

– the terms & conditions of employees who transfer to a new employer

Position of Staff• Employees of Chesham Park Community College are employed

under the governing body acting on behalf of Buckinghamshire County Council

• The school is a community school and therefore the employer is Buckinghamshire County Council (the transferor)

• Conditions of service are governed by National agreements– Teachers

• School Teachers’ Pay and Conditions• Conditions of Service for School Teachers in England & Wales

(Burgundy Book)– Support Staff

• Local Government National Agreement on Pay and Conditions of Service (Green Book)

– Local Agreements• Any Local Authority collective agreements

Due Diligence• Under 2006 Regulations the transferor (Buckinghamshire County

Council) must inform the sponsors of the proposed Chiltern Academy, (the transferee) about– all the terms and conditions on which all categories of the staff are

currently employed and– any outstanding issues and liabilities which could impact on the

transfer and in order to ensure that the transfer can be effectively conducted

• Minimum £500 per employee penalty for default • This process is part of the process known as “due diligence” and

will be conducted between the Buckinghamshire Local Authority and the lead sponsor of the proposed Chiltern Academy, i.e. C of E Diocese of Oxford and the co-sponsors, Buckinghamshire County Council

Consultation• Representatives of the transferring employees have a right to be

informed about the transfer, i.e. recognised trade unions,– must also be consulted about any “measures” which the Academy

envisages taking which may affect employees’ conditions of service• TUPE legislation does not stipulate a minimum length of time for

the consultation period but does state that:– the consultation period must be long enough before the transfer to

allow “meaningful” consultation to take place• Although TUPE involves statutory consultation with staff and their

representatives, informal discussions, will also offer opportunities for individuals to ask questions about their own position

– Staff will be able to discuss their own position within the Academy• It is important that all employees involve themselves actively in

such consultation processes

The proposed Chiltern Academy

• Employees who are employed in Chesham Park Community College immediately before the transfer, and whose contract extends beyond the day of transfer, will automatically become employees of the Academy from the date of the transfer

• The sponsors will arrange for the preparation of the staffing structure• Staff will be slotted in to the structure following consultation with the

Trade Unions regarding the process • TUPE protects the employment terms and conditions of staff at the

time of transfer• TUPE includes the right of the recognised Trade Unions to be

recognised by the Academy for those staff transferring, for the purpose of consultation during and after the transfer

The proposed Chiltern Academy

The sponsors have appointed the current Head teacher of Chesham Park Community College as the Principal Designate of The proposed Chiltern Academy

How will my terms of employment be affected?

• Teachers’ Condition of Service– The Academy – as a independent state school – is not bound by

the School Teachers’ Pay and Conditions (STPC) Document or the Burgundy Book

• However, the Academy is free to use the STPC Document and the Burgundy Book for determining its own arrangements and

• Individual teachers who transfer to the Academy under the TUPE regulations (as distinct from those who have chosen to apply to work in the Academy) will retain rights to existing terms and conditions (STPC Document & Burgundy Book)

• Support Staff Conditions of Service– National (The Green Book ) & Local conditions of service will

apply in a similar way to the transfer of support staff

How will my terms of employment be affected?

• Continuous Service for redundancy benefit– Employment in the Academy will be covered by the “Local

Government Modification Order”• This means that continuous service for the calculation of

redundancy benefits is unaffected by the change• Position of Staff Pensions

– It is a legal requirement under the Academies Act 2010 that an academy (a scheduled body employer under the LGPS Administration Regulations) continue to offer, as appropriate, membership of

• Teachers’ Pension Scheme• Local Government Pension Scheme

How will my terms of employment be affected?

• Staff transferred from Chesham Park Community College will be employed in the proposed Chiltern Academy on the same terms and conditions

• New staff employed by the Academy may be employed on different conditions of service

• If the Academy uses different conditions of service for new staff and subsequently wished to harmonise conditions of service between transferred staff and newly appointed staff – any harmonisation changes would require full and proper

consultation with the recognised trade unions and an agreed outcome to change transferred staff conditions of service

How will my terms of employment be affected?

• Policies and Procedures by which employees are managed in the current school will transfer to be the policies and procedures applied to the transferred staff in the academy– Policies and procedures will be “academised” to make them fit

for purpose in the academy– The content and intent of the policies and procedures will not be

changed just amended to reflect that the academy is the employer of the transferred staff

– Transferring polices will include policies for managing conduct and capability and handling grievances

What if I don’t want to transfer?

• As TUPE legislation is designed to protect employment there is no provision under TUPE regulations for employees to opt for redundancy – However, if there are ETO (Economic, Technical or Organisational)

reasons there may be a very limited number of occasions where it is more appropriate for the contract to end by mutual agreement

• Standard resignation periods apply – A teacher would need to resign by 31st May if s/he did not wish to

transfer to the academy on 1st September 2011– Support staff would have to give one month’s notice unless the

contract states otherwise• However, these dates can be amended by agreement

Questions & Answers

Over to You

Next Steps & Further Information

• Further details on the final Staff Structure to be communicated by Kevin Patrick

• TUPE clinic for staff

• Consultation between transferor and Trade Union’s – replying to letters and individual meetings

• Further staff consultations

• Confirmation of transfer

• Transfer effective in Sept’11.

Further Information

• Bev Curtis• Telephone 01480 421796• Fax 01480 431992• Email bev.curtis@epm.co.uk