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:
