Wokingham Borough Council Annual Bursar Conference Thursday 16th June, 2016 The Coppid Beech Hotel. The HR Conversion Process Nicola Barlow

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1 Wokingham Borough Council Annual Bursar Conference Thursday 16th June, 2016 The Coppid Beech Hotel The HR Conversion Process Nicola Barlow

2 The HR Conversion Process Change of employer Transfer of Undertakings and Protection of Employment (TUPE) Your responsibilities as the outgoing employer Where applicable your responsibilities as the incoming employer

3 Conversion = change of employer The new employer will be the Academy trust whether it is a stand alone trust or a multi academy trust

4 How will you convert? A group of schools decide to set up a multi academy trust A school decides to convert as a stand alone academy trust Your governors decide to join an existing multi academy trust Your move to academy status is forced on you sponsor academy trust

5 TUPE applies in every situation Whatever route you take there will be responsibilities as the outgoing employer For community and VC schools the LA is the current employer For VA schools to governing body are the current employer

6 What is TUPE? An abbreviation for the Transfer of Undertakings (Protection of Employment) Regulations 2006 = TUPE Exist to protect employment rights of employees where there a change of employer In an academy the Academy Trust is the employer

7 The TUPE process TUPE Regulations cannot commence until the Governing Body has approved the request to move to an Academy or a Directed Academy Order has been issued. It is highly recommended that informal consultation with the staff and recognised Trades Unions commences immediately before the concept becomes a reality.

8 The TUPE process (2) Once an academy order has been granted, the current employer of the staff within the school must begin the TUPE process which will allow the transfer of school staff to the Academy Trust.

9 The TUPE process (3) Write to Trust to obtain information on any changes that are proposed. Hold information and consultation meeting with staff and unions Respond to feedback Prepare Employee Liability information

10 What is protected for transferring staff? Existing terms and conditions of employment including pay. Teachers continue to have their pay and conditions paid under the conditions set nationally as part of the Schools Teacher Pay and Conditions Document. Support staff continue to have their pay and conditions as set out in the national Joint Council agreement Green Book. Continuity of service is preserved.

11 Who Transfers? All the staff who are working at and are employed by the school/s on the date of transfer Includes full time and part time staff Includes any fixed term staff whose contract is due to continue after the date of transfer Supply staff do not have transfer rights

12 Duty to consult Both the outgoing and new employer have obligations to inform and may have to consult if changes are proposed. Where any measures (changes) are proposed these must be subject to consultations with a view to reaching agreement before the transfer takes place

13 The information that must be made available to staff and unions The fact that a transfer is proposed When it is likely to take place The reasons why it is happening Any legal, social or economic implications for staff Any measures (changes) which either the old or new employer propose to make What those measures are If no measures are intended then this must be stated The number of agency workers at the school/s

14 Legal implications of the transfer The School Teachers Pay and Conditions Document will cease to be a statutory requirement. The School Staffing (England) Regulations will not apply. The Education (School Teacher s Appraisal) (England) Regulations 2012 will not apply.

15 Economic implications All teaching staff will continue to have access to the Teachers Pensions scheme All support staff will continue to have access to the Local Government Pension scheme

16 Measures prior to transfer It may be necessary to issue P45s and P60s since the Academy will have a new tax number with HMRC. This will not have any implications for continuity of service or the employee s tax code.

17 Social implications The Academy Trust Company may rescind the recognition agreements and collective bargaining machinery entered into by the LA. It is envisaged that Academy Trust Companies will recognise the NUT, NASUWT, ATL, ASCL, NAHT, Voice, GMB, UNITE and UNISON

18 Non contractual benefits Childcare vouchers BUPA

19 What is employee liability information (due diligence) A schedule of all your staffing information. Required as part of the commercial transfer agreement.

20 Employer considerations post transfer

21 Terms & conditions of employment for new starters post conversion Will the trust have a two tier workforce? Transfers in WBC to date: The Trust will mirror contractual terms in the STPCD and the Burgundy book as they are amended over time* The Trust will follow the contractual terms of the local version of the Green book * *Both the Burgundy Book and the Green Book are collective agreements for the purposes of Regulation 4A of TUPE and any change made to the agreements after the date of transfer do not bind the Trust.

22 Changes to terms & conditions for transferring staff All staff will transfer to the academy trust on their existing terms and conditions of employment. Any changes to their terms and conditions of employment will be void if the main reason for the change is because of the transfer or a reason connected with the transfer which is not an economic, technical or organisational reason entailing changes in the workforce ( ETO reason ).

23 Policies and procedures Staff will transfer with a pre existing contractual policies and procedures that need to be maintained under the TUPE provisions. Moving forward new policies can be consulted upon. Need to determine whether there will be a suite of Trust wide HR policies that will need to be adopted (if part of a MAT), or whether each Academy will continue to use existing policies in the future. Who will agree new or amended policies in the Trust?

24 Managing performance and progression The Trust will need to consider whether there will be one Pay Policy across a group of schools, locally implemented or whether individual practices continue. How will performance be reviewed and rewarded? How will this be linked to pay progression?

25 Engaging with Trade Unions Will the Trust establish a trade union recognition agreement with all trade unions. The Trust will need to engage during the TUPE process with representatives. Initially, representatives will also need to be consulted upon when developing new HR policies and procedures and proposing changes to terms and conditions.

26 Addressing academy wide HR issues MAT wide leadership. Infrastructure for support functions, such as HR, Finance and ICT. Are there skills and expertise within an Academy or MAT to provide the level of support for these functions? Will support be localised or centralised?