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Discussion in 'Pay and conditions' started by Compassman, Mar 11, 2012.
2. Yes (you don't have a new contract as you are protected by TUPE)
I think that if the academy chose not to adhere to STPCD then they would be in a position where they could remove UPS posts from their staffing structure. I think then, that they would have to go through a redundancy process with all that that entailed.
TUPE only protects employees if the proposed changes to T & C are as a result of the transfer of undertakings. If the academy is restructuring for other reasons then there is no TUPE protection, I think.
Existing employers are protected by TUPE for ever unless there is a good case for changing them. Restructuring is not a good enough excuse IMHO. I can't imagine them wanting to make all those on UPS scale redundant as it would cost a small fortune. You also do not under any circumstances sign a new contract.
I have heard of a few schools that have tried to flout the TUPE regulations......