Pay Award 2017/18
LAAT has implemented a pay award for 2017/18 that reflects the minimum expectations of the NASUWT, including 2% for all teachers on the main pay range and a minimum of 1% to all teachers on all other pay ranges.
Despite securing substantial revisions to LAAT’s pay and appraisal policies, the NASUWT is unable to agree these as they are not fully compliant with the NASUWT pay and performance management/appraisal requirements.
Terms and Conditions in LAAT
LAAT has confirmed that it employs all teaching staff on national terms and conditions for school teachers (the STPCD and Burgundy Book).
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 who 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.
NB: Where an independent trade union had been recognised by the outgoing employer in respect of transferring employees, recognition will transfer to the incoming employer.
National Recognition Agreement
The NASUWT has negotiated a trade union recognition agreement with LAAT for the purposes of consultation and collective bargaining. This provides the necessary structures for the NASUWT to meet with LAAT at a national level. The JCNC is where the trade unions meet with LAAT to negotiate on pay and conditions of service issues and on policies and procedures for teachers.
Employment Policies and Procedures
LAAT has consulted the NASUWT on a range of different employment policies. Although progress has been made, a number of policies have not been formally agreed, as there remain a number of outstanding issues.
The NASUWT strongly advises that any member who transferred into an LAAT academy and who remains employed on their original terms and conditions should not accept any reduction in their entitlements, either financial or otherwise, without first discussing the matter with the NASUWT. It is important that advice is taken from the Union without delay to avoid any attempt to impose detrimental changes to employment conditions.
Where members have concerns about any policies operated by LAAT, contact should be made as soon as possible with the NASUWT.