Teachers

ACADEMIES AND IMPACT ON TERMS AND CONDITIONS

What happens to a teacher’s terms and conditions if s/he transfers to an Academy under TUPE from a maintained school?

Redundancy, contractual maternity and sickness provision

Teachers transferring to an Academy will maintain their existing terms and conditions under TUPE legislation. When schools convert to academy status, the statutory School Teachers' Pay and Conditions Document (STPCD) will be incorporated into the teaching staff contracts, as will the Conditions of Service for School Teachers in England and Wales ('Burgundy Book') and any local agreements between the local authority and the recognised teacher unions.

Teachers who transfer under TUPE to an academy will have continuity of service preserved for redundancy entitlements. 

Teachers’ Pension Scheme (TPS)

All teachers are automatically part of the TPS unless they have previously, or subsequently elected to opt out. So, on transfer, pension arrangements will carry on as if the teacher was moving between maintained schools. The difference is that rather than the Local Authority liaising with Capita Teachers’ Pensions, who administer the Teachers’ Pension Scheme, the Academy will do so.

What happens to a teacher’s terms and conditions if s/he has transferred to an Academy under TUPE from a maintained school and then applies for and is appointed to a job back in a maintained school?

Redundancy

Continuous service is preserved for redundancy purposes.

Contractual maternity and sickness provision

Service with the Academy does not have to be counted for calculating sickness or maternity entitlement. It is only service with local authority schools (those where the local authority is the employer) which is automatically recognised under the National Agreement. (Conditions of Service for School Teachers in England and Wales – the Burgundy book) However service does not have to be continuous for sickness purposes, it is aggregated teaching service. E.g., if a Teacher has worked in Local Authority schools for a total of four years, regardless of whether there are gaps between the years, they will still be entitled to the 100 days’ full pay and the 100 days’ half pay when they return.

Pension

On any new appointment to a maintained school, you can apply to transfer a pension that you have already built up in the TPS and / or other pension arrangement. 

What happens to a teacher’s terms and conditions if s/he is employed by a maintained school and then applies for and is appointed to a job in an Academy?

Redundancy

An employee who volunteers to work for an academy will have their period of employment in the maintained school counted as continuous service within local government and is protected under the Redundancy Payments Order 2004.

Contractual maternity and sickness provision

The terms and conditions offered by the school on appointment are those that will apply. It is possible that the Academy has adopted different terms and conditions for new staff or negotiated different terms for all staff.

Pensions

The applicant should check what pensions arrangements are offered to new staff by the Academy.