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notice period and academies

Discussion in 'Pay and conditions' started by marymoocow, Jun 10, 2011.

  1. marymoocow

    marymoocow Star commenter

    My school is becoming an academy next term. I have seen a job advertised for september, but obviously the resignation date has passed. The interviews won't be until 3/4 weeks before the end of term, so under normal circumstances I couldn't see my head releasing me early. My question is that do normal notice periods apply when you are changing to an academy? Is it possible to argue that I will be working for another employer from September and will be getting a new contract and my employment for the LA will cease? I won't even be working for the school as we are going to be part of a larger trust who will be my employer. If not what is the earliest I can leave is it Dec 31st or end of oct?
     
  2. Just apply for it. If the new school wants you there is nothing to stop you leaving when you want. Its only prisioners that have to wait to be released.
     
  3. mrkeys

    mrkeys Occasional commenter

    I worked in a school that became an academy.
    It was the only time that 'the normal periods for notice did not apply'. Technically you simply need not turn up at the start of term. You should have been given written confirmation of the change to academy and probably been under pressure to indicate what your intentions are.
    Check with your unions but that was my understanding.
     
  4. marymoocow

    marymoocow Star commenter

    Thanks Mrkey, that is what I hoped. I will check with my union.
     
  5. Crowbob

    Crowbob Established commenter

    This is not correct. In order to avoid the TUPE transfer you have to inform either the current or new employer that you object to the transfer. Only then will you be free from the contract. You will be treated as having resigned on the date of the transfer. (regulation 4(7) of the TUPE Regulations).
     
  6. mrkeys

    mrkeys Occasional commenter

    OK. But I was informed that you can give notice that you do not wish to transfer as late as the day before the new term starts.
     
  7. Crowbob

    Crowbob Established commenter

    1) That is very different to advising simply not to turn up on the first day of school.
    2) It will depend when the transfer takes place. I know of an academy that was incorporated in the January and who effected the transfer of contracts during the summer holidays - not the first day of the new term.


     
  8. You can resign at any time by mutual consent. Why not ask the head? S/he may support your career progression, especially if you say you would like to remain in the public sector, rather than in an independent school, which is what academies are, albeit publicly funded.
     
  9. marymoocow

    marymoocow Star commenter


    Have now rung my union and they say normal resignation dates apply and I can't leave at the end of this term unless the head agrees. Judging by the face on my head when asking for a reference, I can't see that happening. It is so unfair that a school can just railroad us into an academy and yet we are still expected to stick to dates. Is the end of dec the earliest I can go then because 6 months notice seems an excessive amount of time to give?
     
  10. Crowbob

    Crowbob Established commenter

    Phone your union again. Ask to speak to someone in legal. Say you would like to know why regulation 4(7) of the TUPE Regulations does not apply to your situation.
    I suspect you spoke to the "wrong" person.
     
  11. marymoocow

    marymoocow Star commenter

    Thank crowbob. I hate legalese but the regulation seems to be talking about a teacher being made redundant, which I am not, I am to be transfered on same contract to academy, or am I just being thick?
     
  12. Crowbob

    Crowbob Established commenter

    TUPE is about more than just redundancy. You are not thick. The Regulation is not well written and is very legalistic.
    The TUPE Regulations automatically transfer your employment (and protects your rights) when a school becomes an academy. However, if you object to that transfer and inform your employer of that objection (Reg 4(7)), you are treated as having your contract terminated at the time of transfer.
    My advice:
    Find out EXACTLY when the legal transfer from school to academy will take place.
    Phone your union again, with a copy of TUPE in front of you (http://www.legislation.gov.uk/uksi/2006/246/regulation/4/made).Get them to confirm to you that you have a right NOT to be transferred if you object.
    If you get a job, put your objection in writing and send copies to Head and LA.
    You would then cease to be employed by the school on the date of the transfer.

     
  13. Normal notice periods apply as your contract, with all associated terms and conditions including notice periods, transfers to the academy on the date of transfer.


    You are legally allowed to object to the transfer in which case your contract will not transfer and your employment will end, by reason of resignation, on the date of the transfer.


    So go for the interview and if successful do as Crowbob suggests and notify your head and the LA that you object to the transfer. You will be a free agent on the date of transfer.


    If you were to just walk away, as suggested in an earlier reply, you would be in breach of contract and your current employer could sue you for any costs associated with your breach. For example, the cost of hiring a supply teacher to cover the period of your contractual notice, or until they could recruit a replacement for you.
     
  14. marymoocow

    marymoocow Star commenter

    Thanks everyone, I have applied, though if I don't hear by tommorrow, I dont think I will have been successful. Wish I had realised this earlier as I stopped applying once 31st May past and didnt apply for at least 2 jobs for Sept start. Ho Hum!
     

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