Tollbar Multi-Academy Trust pay award 2018/19
Tollbar Multi-Academy Trust has failed to adopt in full and pay the School Teachers’ Pay and Conditions Document (STPCD) recommendations on pay.
Further details can be found in the latest bulletin on the right/below.
The NASUWT continues to press the employer to positively engage with the Union.
The NASUWT believes that good industrial relations are essential to enable effective and collaborative working between employers and employees to ensure the best service delivery and educational outcomes for children, while settling all disputes at the lowest possible level.
It is therefore disappointing that the employer has failed to meet with us to discuss how we can move forward and engage positively.
The NASUWT will continue to push for genuine consultation and negotiation with the employer.
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.