David Johnston

Director of Children’s Services

Buckinghamshire County Council

County Hall

Walton Street

Aylesbury

Buckinghamshire

HP20 1UA

27 January 2016

Dear David,

Proposed academy conversion – TUPE ‘measures’ declaration for Chiltern Way Federation

The Governing Body of Chiltern Way Federation intends to convert to academy status and establish a multi-academy trust (the “Academy Trust”). It is anticipated the conversion would take place on 1 April 2016 (this date would be subject to the Secretary of State signing a Funding Agreement to establish the school as an academy). We are issuing this letter at this time to provide information as early as possible to our staff.

Assuming that a Funding Agreement is entered into, the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and 2014 will apply. The reason for the transfer is the conversion of the school to academy status. This means that qualifying employees of the school will transfer to the employment of the new Academy Trust.

Regulation 13(4) of TUPE requires the Academy Trust as the transferee to inform the transferor (the Council) about any 'measures' it intends to take in relation to current employees following the transfer, to enable you to inform and consult the trade unions.

On behalf of the Academy Trust, I confirm the intention to mirror the existing national and local terms and conditions of employment for both existing and future members of staff, to retain the school day, and to continue to set the school year within the local context. The Trust confirms that there will be no change to the current pay-date arrangements.

Staff within the school already operate across both sites, and this will continue; those staff who are eligible to receive temporary mileage allowance as part of the amalgamation of the predecessor schools will continue to do so. The Academy Trust expects to review the leadership of its business support functions to ensure that these are fit for purpose, but does not anticipate this to result in a reduction of hours or salary for any individuals.

The Academy Trust confirms that those trade unions recognised by Buckinghamshire County Council will continue to be recognised. For the avoidance of doubt, this refers to teacher unions (ATL, NASUWT,NAHT, ASCL, and NUT) and the unions representing support and other professional school staff (GMB and UNISON).

All staff will continue to be members of their current pension scheme (Teachers’ Pension Scheme (TPS) or Buckinghamshire’s Local Government Pension Scheme (LGPS) as appropriate to the role), and future staff will enjoy the same access to the appropriate scheme.

The Academy Trust will have a different tax number with HMRC and this may require the issuing of P45s and P60s on conversion.

As of the date of this letter the school presently uses 4 agency workers, but this varies from day to day. They work in the following areas of the school: classrooms, over the site and in the office. They do the following sorts of work: teaching (2), caretaking and administration.

I would be grateful if you could include this information in your TUPE declaration to the Trade Unions. If the Local Authority envisages taking any measures, please make arrangements for consultation with appropriate representatives under regulation 13(6) of TUPE.

Yours sincerely,

Rod Munday

Chair of Governors

Prestwood Campus, Nairdwood Lane, Prestwood, Great Missenden, Buckinghamshire, HP16 0QQ

Tel: 01494 863514, Email:

Wendover House Campus, Church Lane, Wendover, Buckinghamshire, HP22 6NL

Tel: 01296 622157, Email: