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Discussion in 'Heads of department' started by e-Luddite, Jun 26, 2011.

  1. Staff transfering from a local authority should have retained their existing contracts - as legally required under the TUPE regulations. Seek union advice for what happens under restructuring and amendments to contracts.
  2. thanks e-luddite about TUPE regs but isn't there a clause that ties in with it "economic conditions/constraints ---" ( a headteacher's get out clause?)
  3. Given that you will have been told the school is 'better off' being an academy, it would be a very stupid head who tried to argue the school couldn't afford to abide by TUPE regulations.
  4. I totally agree - and yet in the 1st sentence our head is saying they are going over to academy status 1st January and in the next sentence he is saying " and I can't guarantee that there won't be any redundancies"
    Out of curiosity what is the redundancy package - is it a week for every year worked or could they offer an enhanced pension?
  5. dropje

    dropje New commenter

    From my experience, your pay is protected for 3 years but your role might change if your current position does not fall within the new academy structure. eg it is common for there to be no heads of year.
  6. We've had this conversation with the local union reps - TUPE regulations are in place but they only protect you as long as the "new" business keeps operating inthe same way as it did before the TUPE.
    There is a clause that says if the business decides to "restructure" after the inital TUPE then all bets are off and they can issue new contracts, set up new departments etc.
    As our union reps said you can be TUPE'd over on the 31st August ready for the 1st September and then at 9.05am on the 1st the head could announce restructuring and the need for redundancies.
    This is not just a law for acadamies, it covers any business that is taken over by another - and i tech elements of this as i am a Business Studies teacher who has to cover mergers and takeovers for A Level!
  7. we became an academy, they restructured, a huge amount of staff lost their responsibilities, pay (in 3 years) and it was all within the law. They made a load of staff redundant, the academy status gives them a lot of freedom to do as they like. In our restructure there was a total reshuffle of management and pastoral leadership roles, loads of experienced folks lost out and now we are all looking elsewhere. I think that's part of the plan though as they want new staff in on the new contracts. We reassured the kids again and again it wouldn't affect them.

    If you lose out on your current role in the restructure as you keep your pay for three years they can still squeeze their moneys worth out of you on an alternative task, which they can make as unpleasant as they wish. If you refuse to do it they simply take your pay there and then.
  8. lilmonster

    lilmonster New commenter

    From my experience, new recruits will increasingly be on fixed term contracts, non teaching staff will be employed often to teach, the management team increases ( often they don't teach, they 'plan', they are strategic and start to speak in business terms). After three years of TUPE - redundancies and the business mode kicks in...Academies are corrupt places.
  9. oldskool71

    oldskool71 New commenter

    My school is not an Academy
    6 teaching staff and 10 non-teaching staff have been made redundant because of LA cuts
    No HT can ever guarantee you there will not be redundancies - nor should they
    However - your terms and conditions are guaranteed under TUPE as previously stated if you transfer over rather than being a new employee.
    Don't be surprised if new starters to the Academy get more pay than you!

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