HAMWIC Education Trust pay award 2018/19
HAMWIC Education Trust followed the recommendation from the School Teachers’ Pay and Conditions Document (STPCD) and paid staff:
- •3.5% on the Main Scale on all points of the scale;
- •2% on the Upper Pay Scale on all points of the scale;
- •2% on the Leading Practitioner Scale;
- •1.5% on the Leadership Pay Scale;
- •2% on all allowances.
HAMWIC Education Trust has consulted on the Grievance and Restructure and Reductions policies, neither of which has been agreed with the NASUWT.
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.