Academy transfer: Measures under a TUPE transfer

A “measure” is a very broad term which will apply to any deliberate change in working conditions or practices which your employer wants to introduce.

This would cover changes to both contractual and non-contractual terms and conditions.

“Measures” will also include changes that might happen before the transfer; for example, a redundancy exercise or an administrative change such as a change to payroll arrangements.  However, it must be something that is related to the transfer and would not have happened without the transfer to a new academy employer.

TUPE does not prevent non-contractual conditions from change, but the employer does have a duty under TUPE to consult if changes to non-contractual conditions are proposed.

Examples of non-contractual measures might include changes to:

  • The teaching timetable.
  • The start and end times of the teaching day.
  • Staffing structures.
  • The school or college calendar.
  • Administrative procedures.
  • Remote access to the internet for home working.

In some cases a staff restructuring may be proposed by the new academy either at the point of transfer or shortly after. The Union does not accept that a restructuring would justify changes to terms and conditions. A restructuring exercise will inevitably involve a change in the organisation. This should not impact on staff terms and conditions. A staff member may transfer into a new role with the new employer on the same terms and conditions.

For detailed advice on how to approach proposals to change terms and conditions as part of a restructuring exercise, see the NEU reorganisation model policy and checklist:

Reorganisation model policy

The aim of this model policy on reorganisation is to provide a framework that schools can adopt to undergo reorganisation.

If the proposed new employer knows before transfer that it is going to make any changes, it has a duty to inform the current employer. Details of the changes should be included in the information and consultation process before the transfer.

It is vital that you discuss with members, and representatives from other unions, about how to respond to any “measures”. You should also seek advice from your branch secretary or the NEU regional office and should do so as a matter of urgency if any contractual changes are proposed. If it isn’t possible to call a meeting then you should try to seek views via email or conversations with members.

After speaking with members put any representations in writing and send them to both your current employer and the new academy. Always report back to members on any reply.

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