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Can an academy remove UPS payments from existing teachers?

Discussion in 'Pay and conditions' started by Compassman, Mar 11, 2012.

  1. Compassman

    Compassman Star commenter

    1. No

    2. Yes (you don't have a new contract as you are protected by TUPE)
  2. 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.
  3. Compassman

    Compassman Star commenter

    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......

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