The NASUWT's most recent meeting with the EMLC JNC was on 4 March 2016 at their offices in Olney. EMLC are due to open the Northampton Academy in September 2016.
Pay progression data raised serious concerns for the NASUWT as only one eligible member of staff benefited from pay progression. Please seek advice as you have the right to appeal. EMLC has imposed an appraisal policy that is totally unacceptable and unfair.
At the JNC the NASUWT did agree to the Staff Absence; Safer Recruitment and Special Leave Policies. A new draft of the Capability policy is pending. The NASUWT proposed policies on CCTV usage and Lone Working for the next JNC.
GMB had their extreme disappointment minuted regarding the employers inability to pay the living wage. NASUWT supported the GMB’s position that EMLC should become a Living Wage Foundation employer.
The NASUWT Rejects EMLC’s Pay and Appraisal Policies
The performance management/appraisal policy has:
- No ‘planning and review meeting’
- No limit on the number of objectives
- No limit on the number or type of observations
- A direct link to capability
- No informal support stage to support professional development
- No appeal process
- Excessive observations including ‘learning walks’, ‘drop ins’, unannounced part and full lesson observations and peer observations
As you will be aware the NASUWT is on national industrial action. The current imposed pay and appraisal policies breach the national industrial action instructions circulated to members. The NASUWT informed EMLC that any imposed policies that did not conform to the NASUWT model pay policy and checklists on appraisal and lesson observations could lead to a collective dispute.
If you require advice contact your Regional Centre for support.
Protection of your pay and conditions under TUPE
Staff who transferred when the school became an academy transferred under TUPE and therefore benefit from the protections of TUPE. One of those protections is that changes to the transferred contract of employment cannot be made. Regulation 4(4) TUPE sets that out - any purported variation to the contract will be void. Therefore requiring staff that transferred under TUPE to sign new contracts is not permitted.
The protection from TUPE does not apply only to certain terms and conditions. TUPE applies to the whole contract. The employer cannot pick and choose which bits of the contract are protected by TUPE - it is all protected by TUPE and so there should not be any move to introduce new contracts.
Employees therefore have the legal right to transfer to the new employer on their existing terms and conditions of employment and with all their existing employment rights and liabilities intact. Effectively, the new employer steps into the shoes of the old employer and it is as though the employee's contract of employment was always made with the new employer.