The union has prepared a standard contract that you can register before the transfer in The Staff Contracts and a contract that new employers will be able to accept after the transfer into the academy contracts. These are attached in Resource B, accompanied by a standard letter to the head of the school, inviting the Board of Directors to give formal consent for all employees to be employed under national conditions. In 2014, the DfE stated: “After a transfer of TUPE, an academy should comply with all the duration agreements of the existing facilities until it indicates that it wishes to terminate this agreement or renegotiate.” 1.1 This agreement between the university and its recognized unions (collectively referred to as “parties” in this document) is mentioned in point 2.1 below, and applies to all employees of the University of Bath, paid on nationally negotiated wage scales through the Joint Council for the Negotiation of University Staff (JNCHES). In addition, the University and the University Union (UCU) are expressly recognized for collectively representing professors. The TUC Model Agreement contains a number of guidelines on how the Academy should negotiate with unions, what institutions should be created for union representatives, and a guarantee that all future employees are entitled to the same conditions as employees who switch to the new employer. If you are trying to avoid this situation, NEU has established, in collaboration with other teaching unions close to TUC, a model agreement for the new academy trusts. It provides, among other things, that there will be a common set of conditions for each category of staff. 3.6 This section of the agreement covers the provisions of Article 178 of the Trade Union and Labour Relations (Consolidation) 1992, as amended by subsequent legislation. The issues that need to be addressed in collective bargaining between university management and staff are the following, some of which fall within a national framework: the document itself is quite lengthy, so governors may wish to have some time to read and consider their effects.
They should stress that the great strength of the agreement is to stop the continuity of existing relations and to clearly codify expectations for future relations. This will help to assess the professionalism of staff by giving them a voice in the workplace and ensuring consistency of conditions. NEW attaches great importance to the Academy taking over the standard TUC agreement. However, the Academy may not want to do so for any reason. If so, there are several options available to you and your members. In this toolkit, we referred to the typical TUC recognition agreement for academies. You can find a copy in Resource D. In collaboration with your subsidiary secretary or NEU contact, you can also try to innovate in protective construction for the future.
You can apply for benefits for Academy staff by negotiating with the Academy`s employer a special agreement that will account for all benefits prior to entry to the Academy for the determination of salary increases and the rights to work sick leave and maternity leave and remuneration.