FREQUENTLY ASKED QUESTIONS
These pages are designed to help you through the process of transferring to the Chiltern Way Academy Trust by beginning the consultation and information process. These pages are not designed to offer you legal advice of any kind, and you should obtain your own, independent advice before taking any decision that affects your employment. We are trying to answer some questions you may have and give you some idea of the process we are all about to go through.
Q: / What does TUPE mean?A: / TUPE is a legal term under employment law and it stands for the Transfer of Undertakings and Protection of Employment. This ensures that employees transferred to an external contractor or provider in accordance with these terms carry across and continue to work under their existing conditions of service.
Q: / How do I know if I have the right to transfer under TUPE?
A: / Under TUPE there are rules about what happens to staff when a service contract changes hands. This is known as a service provision change (SPC). If your employer loses a contract, and you currently do the work covered by the contract, the chances are you are covered by the TUPE regulations. Your current employer should let you (and us) know if they believe you are in a group covered affected by the transfer.
Q: / What if I am a contractor, working for a sub-contractor or am self-employed?
A: / If you are not employed, but a contractor in your own right, or working for a sub-contractor, not the main contractor. Please contact us if you are working on an account that is coming over to the school in question. If you do not, we have no way of knowing of your existence. Your rights are different and most of what is set out below may not apply to you.
Q: / What happens to my job?
A: / If your job mostly involves working on the contract that is coming over to the school, then you transfer over to us. There are rules on who is covered and who is not. If you work on a variety of duties/sites/contracts you should check with your employer and take advice on whether you are in a group that will come to us.
Q: / What happens to my salary/package/benefits?
A: / Under the TUPE regulations you bring your existing contract of employment through with you. There are special rules for pensions – see below. When you start work for the school you will be on the same terms as you are currently on. This means that your pay, terms and conditions remain the same. At some point you may be invited to sign a new contract with your new employer but this will be after the transfer.
Q: / What if I decide I don’t want to transfer to the school?
A: / If you decide not to pursue the opportunities on offer at the school and unreasonably refuse a job that matches your existing role, skills and experience then you will have been deemed to have resigned and may have relinquished your right to redundancy if applicable.
Q: / What happens to my continuation of service with my current employer?
A: / You bring your service with you. For example if you have worked one year for your current employer, then on your first day with the school you have one year and one day’s service. You will not be a ‘new starter’ in terms of reckoning your employment rights, your seniority and any other service related issues.
Q: / What should I do when my old employer’s contract ends?
A: / Unless we have made some special arrangements with you, we would expect you to turn up for work at your normal start time on your next normal working day. Sometimes we will need to ask you to change that if we want you to meet some of our team, or hold a team meeting.
Q: / What changes will you make to how I am paid?
A: / For most incoming ‘TUPE staff’ no changes will be necessary. We may need to:
· cease benefits that can only exist if you are part of your old employer’s group – e.g. staff discount cards where being an employee of a particular organisation is a condition of membership.
Q: / · Am I going to be made redundant?
A: / No, we will be taking all the staff on as employees in your service provision.
Q: / What should I do now?
A: / If you have any questions we have not dealt with here, please ask us. Your trade union representative is your official TUPE representative. Please contact them with any concerns you want them to raise for you.
Q / What if I am not a member of a Trade Union?
A: / If you are not a member of a trade union normally you would elect a representative, however if the group is small we can consult directly with you on an individual or group basis. You will have an opportunity to seek further advice if preferred.
Q: / What do I do to prepare?
A: / It would be extremely helpful if you would let us know before the transfer the date of any past or future planned:
· Paternity leave
· Maternity leave
· Parental leave
· Annual leave
· Sick Leave
· Any other kind of leave
The school supports your entitlement to leave. We need to know who is going to be absent so that we can try and arrange suitable briefings and cover.
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: