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Continuous service from Academy to Comprehensive

Discussion in 'Secondary' started by JEJF_JEJF, Feb 19, 2012.

  1. JEJF_JEJF

    JEJF_JEJF New commenter

    Hi
    I worked in an Academy for over 4 years and recently moved to a Comprehensive school, the borough I am now working in said they will not transfer my service over as the do not recognise Academies.... just wondered a couple of things:

    1. Can they do that?
    2. Will this affect my pension?
    3. Are there any other issues that causes me?
    4. Is there anything I can do?

    Any help would be greatly appreciated

     
  2. JEJF_JEJF

    JEJF_JEJF New commenter

    Hi
    I worked in an Academy for over 4 years and recently moved to a Comprehensive school, the borough I am now working in said they will not transfer my service over as the do not recognise Academies.... just wondered a couple of things:

    1. Can they do that?
    2. Will this affect my pension?
    3. Are there any other issues that causes me?
    4. Is there anything I can do?

    Any help would be greatly appreciated

     
  3. Crowbob

    Crowbob Established commenter

    Your link is to a "taverhamhigh" site, but the lge.gov.uk.
     
  4. strawbs

    strawbs Occasional commenter

    ATL document here
    http://www.atl.org.uk/Images/ADV46%20Leaving%20an%20academy%20and%20continuous%20service.pdf

    says:
    What is continuous service?
    Continuous service is the amount of time that you have
    with an employer, or associated employers. Under the
    Employment Rights Act 1996, continuity of service is
    maintained if an employee moves to a new job with an
    ‘associated employer’ within a statutory week (Sunday
    to midnight on Saturday inclusive). Continuity is broken
    where the break exceeds one statutory week, which
    therefore has to be a complete week from a Sunday and
    up to and including a Saturday. It is possible, therefore,
    to leave one employer on the Monday of week one and
    start work with a new employer on the Friday of week
    two and still maintain continuous service.
    Generally, local authorities are not considered
    ‘associated employers’. However, the Redundancy
    Payments (Continuity of Employment in Local
    Government etc) (Modification) Order 1999 has the
    effect of making local government, including maintained
    schools and academies, associated employers for the
    purpose of redundancy payments and some other
    contractual benefits, (ie annual leave, occupational sick
    pay).
     
  5. strawbs

    strawbs Occasional commenter

    and on sick leave:
    How will my sick leave position be
    affected?
    For those teachers employed in maintained schools the
    position on sick leave is detailed in the Conditions of
    Service for School Teachers in England and Wales (the
    Burgundy Book). This gives a teacher sick leave based
    on the total of their accrued service with one or more
    local authorities. Therefore, if you have taught for four
    years in the maintained sector you are entitled to 100
    working days of sick leave on full pay and a further 100
    working days of sick leave on half pay.
    If you leave teaching, or move to a school not covered
    by the Burgundy Book, and then return to the
    maintained sector, then you can pick up your previously
    accrued rights to sick leave from day one of returning to
    the maintained sector.
    For support staff employed in maintained schools, the
    position on sick leave is detailed in the National
    Agreement on Pay and Conditions of Service (the Green
    Book), Part 2, Section 10. Full sick pay (six months’ full
    pay, six months’ half pay) is payable after five years’
    service.
    Whether or not you are TUPE transferred into an
    academy there is no automatic right to have the service
    with the academy counted towards your entitlement to
    sick leave. However, some local authorities have agreed
    to recognise academy service provided that the
    academy is within that local authority.
     

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