The TUPE regulations preserve employees' terms and conditions when a school or an academy transfer their employees to a new employer.
One Education HR provides essential guidance and support to schools and governing bodies on the requirements of the regulations and process of TUPE to ensure a seamless transfer.
It is essential that governing bodies, headteachers and principals are aware of their responsibilities to ensure that the requirements of TUPE regulations are met in a situation where employees are to be transferred from one employer to another.
Examples of when TUPE may apply:
- When a school converts to an academy
- When an academy joins a new sponsor
- When a school or academy outsources a service such as their catering or cleaning provision to a contractor
- When a school or academy chooses a different contractor to deliver a provision
- The school or academy has certain responsibilities and must go through an often complex process to securely transfer staff across to a new employer.
These responsibilities include:
- correctly identifying which staff should transfer
- providing meaningful formal consultations with employees and their representatives
- collating accurate information about the employees to be transferred
- identifying if any ‘measures’ are appropriate
- ensuring that employees transferring to another employer are provided with an appropriate pension scheme
- negotiation of warranties and indemnities (applicable when outsourcing for the first time)
To discuss your requirements, or if you are unsure whether you may encounter a situation that requires the TUPE process, contact us using the form below.