Having an understanding of how a transfer to a new employer will affect your school or college and your colleagues, will help you to respond to any questions that members may have about the transfer. It will give you the confidence to participate effectively in the transfer process. This in turn will help develop the strength of your school or college group and will stand you in good stead to continue as a strong bargaining unit with your new employer.
Your involvement in the transfer process is invaluable to your school or college group and to the NEU as a whole but you are not expected to be an expert in these matters. Support and advice is available from your branch secretary and other colleagues within the NEU.
This is an introduction to the legal protections that the Union will rely on during a transfer to a new employer. It is also to help you to become familiar with some of the language and concepts that are involved in the process.
A change of employer
The first of these concepts is the change of employer. Where a school or college is transferred from one employer to another, individual and collective rights of the staff in the transferring school or college are transferred to the employer under TUPE.
TUPE applies in all of the following changes to a school or college which involve a change in employer:
- a school choosing to become an academy.
- a school being forced to transfer to academy status.
- an existing academy joining a multi-academy trust or otherwise transferring to a new academy employer.
- a sixth form college being pressured to become an academy.