The process of transferring staff from one employer to another (eg an academy) is governed by the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE).
As the number of academies and multi-academy trusts changes the shape of education, the NEU must build a strong collective presence in each and every academy. Strong school or college union groups will be necessary to ensure terms and conditions are protected.
The NEU's aim is a representative in every workplace. Whether your school or college becomes a stand-alone academy, a sponsored academy or joins a multi-academy trust, the union wants to help you at work.
This toolkit offers practical guidance, tools and arguments to promote members’ interests and strengthen the union in the course of a transfer to a new employer or for members in an academy.
Steps to building a collective voice in your school or college:
• involve members at all stages of the transfer to a new employer
• encourage members to take an active role in the Union
• identify staff who are not in a union and ask them to join the NEU
• talk to representatives of the other unions in your school or college
• stay in touch with other representatives if your school or college is part of a federation or group of schools or colleges converting
• contact representatives in other institutions if your school or college is to be sponsored by another school, college, group of schools or multi-academy trust
• ask management to clarify any issue you or your members are uncertain about during the transfer; it is important for members’ rights that any ambiguities are cleared up
• be robust in defending your members’ interests, and always put your representations in writing
• have the NEU’s aims and objectives contained in this document clear in your mind so you know what you want during and after the change of employer
• keep in touch with your branch secretary and other NEU colleagues throughout the process
Working together can ensure that staff have their rights and conditions protected during a transfer to a new employer.
TUPE information and consultation process and the key issues to be aware of
TUPE is shorthand for the Transfer of Undertakings (Protection and Employment) Regulations 2006, a legal framework around which you can involve and engage members to act collectively to protect and advance their rights as they transfer to a new employer.
Working in an academy, free school or MAT