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Continuous Service, TUPE Transferred Academy

Discussion in 'Pay and conditions' started by curlcurlcurl, Feb 11, 2017.

  1. curlcurlcurl

    curlcurlcurl Occasional commenter

    I've got four years continuous service with a local authority school. As of September 2016, this same school has become an academy and all staff were subject to TUPE transfer.

    I've now sought other employment, beginning September 2017, with a different London borough. Where does this leave me in terms of continuous employment for redundancy and maternity pay?
  2. Rott Weiler

    Rott Weiler Star commenter Forum guide

    I'd have thought that when you transfer from an academy to an LA school in September 2017 you no longer have TUPE rights and so continuity of service does not apply. I'm no expert on this though, @GLsghost may be able to help better than I can.
  3. GLsghost

    GLsghost Star commenter

    You will need specific advice on your circumstances and it's impossible to generalise - but continuity of service may well not apply. TUPE would not apply since the new employer has not taken over the undertakings of the previous employer. Rights would transfer if the new employer was in fact part of the same group. One useful test is whether the same employer is making the pension contributions.

    You could try to negotiate continuous employment as an express term of your contract. I would (before accepting it, so it may be too late)...

    Take advice.
  4. vuitton1988

    vuitton1988 New commenter

    I am exactly the same situation as you. I worked in a school for 5 years and TUPE transferred when they became an academy then started a new job last september 16 and also looking to find the answer! Please do let me know if you find out. Thank you.
  5. GLsghost

    GLsghost Star commenter

    I have answered the question on your other thread. x
  6. shevington

    shevington Occasional commenter

    Strange why do these people not contact their Union. The Unions would have been involved in the TUPE transfer in the first place. Perhaps they are not in a Union and want free advice ?
  7. vuitton1988

    vuitton1988 New commenter

    What an odd reply! That's what these forums are for....Advice. What is the point of taking time to reply if you have nothing useful to add?

    Obviously I am in a union but thought I would ask here first.
  8. vuitton1988

    vuitton1988 New commenter

    Thanks Ghost. I thought the same too but upon reading my contract this morning it mentions continous service and gives two dates 3a: 1st Sep 2011 and 3b: 1st sep 2016 it then says underneath that the date shown in 3a (2011) will be used to assess my entitlement to redudancy, sickness, maternity, annual leave.
  9. GLsghost

    GLsghost Star commenter

    Local school rep often has insufficient knowledge to answer a question and members often complain that they cannot get a quick response - or one at all - from telephoning or emailing their union.

    Sometimes people think their query is too trivial to bother the union.

    Sometimes people do not belong to unions.

    They can have free information from me, if I choose to give it - and most of the time I do. They can free information, support, advice and representation from Citizens Advice, though this is provided by volunteers and the service in any given area cannot be guaranteed. I can state, hand on heart, that in my region Citizens Advice provides a far better service than that which I have observed from many unions.
    sabrinakat and wanet like this.
  10. GLsghost

    GLsghost Star commenter

    Then you need a qualified eye cast over it and advice specific to your situation that is beyond what we can do here - contact union, lawyer or Citizens Advice. x
  11. shevington

    shevington Occasional commenter

    I suggested you contact , your Union because they were involved when the Academy was set up. The Union will have a better idea ,what the conditions of service are like in your Academy.
  12. GLsghost

    GLsghost Star commenter

    The conditions of service in the current academy employer are irrelevant. The OP is interested in whether or not continuous employment can transfer to a new local authority employer. Unless the new employer expressly states that continuous employment from the current employer will be recognised, then it will not.

    The OP has what s/he thinks are ambiguous terms in the new contract - or what I have presumed is the contract for the new school. S/he needs to check those out.

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