Academy Transfer: Questions to ask management

This is a list of key questions that management should be asked during the TUPE consultation process.

It might be a good idea to suggest that individual members ask the questions in consultation meetings:

  • Does the current employer recognise current employee’s accrued continuous teaching service if they return to work for the current employer after the transfer to the new academy employer?
  • If the current employer does not at present recognise employee's continuous service with the academy employer, will the employer agree with the NEU that it will recognise such service in future?
  • For teachers currently employed in maintained schools, what impact will the transfer have on the statutory protection for STPCD terms and conditions?
  • How does the new employer propose to continue collective bargaining arrangements with the NEU and other unions? For example, how often will the new employer meet the NEU and the other staff unions?
  • Will the new employer continue to contribute to trade union facility time at the same rate that it has been doing to date? How does the new employer propose to do this?
  • Will the current employer provide a comprehensive list of all existing contractual or agreed policies and procedures together with confirmation that the new employer does not envisage any measure in respect of each of the listed policies and procedures? In particular:
    • If you are transferring from a maintained school – the STPCD and the Burgundy Book for teachers, and the Green Book for support staff; these are available online if the school does not cooperate.
    • If you are transferring from a sixth form college – the Red Book for teaching staff conditions of service and the Lilac Book for support staff conditions of service.
    • The recognition agreement, if there is a written agreement.
    • The facility time agreement, if there is a written agreement.
    • The pay policy together including annexed staffing structure.
    • Other collective agreements on maternity, adoption, paternity, parental, sick leave and pay, discipline and grievance, harassment, bullying and discrimination.
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