During the information and consultation process you should discuss with your colleagues and your branch secretary or NEU contact which contractual rights members enjoyed before transfer so that you know which will transfer to the new employer. In this way you can stay vigilant for any proposed changes.
The terms of every teacher’s contract with the current employer, and all collective agreements between the current employer and the NEU, transfer to the new employer.
The terms of members’ contracts come from a number of sources.
- For teachers and head teachers in maintained schools in England and Wales – the national terms on pay and working time contained within the School Teachers’ Pay and Conditions Document (STPCD). The teacher associations and local authority employers have also agreed nationally applicable terms on sick pay and maternity leave and pay. These are set out in the Burgundy Book.
- Teachers working in a sixth from college may have contractual entitlements under the Red Book teaching staff conditions of service.
- Support staff may be covered by the Green Book collectively agreement for the local authority.
- These benefits are often supplemented by local agreements with individual employers or schools. Your local NEU may have negotiated enhanced maternity leave and pay, or additional benefits such as time off for religious observance, or disability leave.
- Over the last few years the education unions have negotiated a number of additional agreements with some of the multi-academy trusts (MATs). Your branch secretary or NEU colleague who is responsible for the particular MAT will be able to direct you to the relevant agreements and policies.
- Finally, members may also have individual, contractual agreements such as a job share arrangement, a flexible working agreement or arrangements for reduced hours or adjusted duties.
Individual rights transfer
Terms in collective agreements which give individual rights will normally be incorporated into individual teachers’ contracts, such as the right to paid time off to accompany an expectant mother to an antenatal appointment. Where a term is incorporated into an individual member’s contract, the term will transfer and the member will be able to enforce that right against the new employer.
