Building schools for the future - Unison

More documents

Recommendations

Info

20 BUILDING SCHOOLS FOR THE FUTURE Section 3 – how to influence BSF 1. TUPE Transfers BSF may involve the transfer of school based staff to a new provider under TUPE. Under the TUPE regulations, the council must inform and consult trade union representatives about the transfer (Regulation 10) at the earliest opportunity. Information and consultation under TUPE The authority must inform and consult either representatives of a recognised trade union or elected representatives of the employees. The employer of any employee, who may be affected, must tell the trade union: n that the transfer is going to take place, approximately when, and why n the legal, economic and social implications of the transfer for the affected employees n whether the employer envisages taking any action (reorganisation for example) in connection with the transfer which will affect the employees, and if so, what action is envisaged. Where the previous employer is required to give the information, he or she must: n disclose whether the prospective new employer envisages carrying out any action which will affect the employees, and if so, what n the new employer must give the previous employer the necessary information so that the previous employer is able to meet this requirement n the information must be provided long enough before the transfer to give adequate time for consultation n if action is envisaged which will affect the employees, the employer must consult the trade union representatives of the employees affected about that action n the consultation must be undertaken with a view to seeking agreement n during these consultations the employer must consider and respond to any representations made by the representatives n if the employer rejects these representations s/he must state the reasons. The employer must allow access to the affected workforce and to such accommodation and facilities, eg use of a telephone, as is appropriate. Action point 11 Where members do transfer to a new employer, full TUPE protection should be given. TUPE Plus agreements, with guarantees for the duration of the contract should be negotiated.
A BRANCH HANDBOOK 2. The Code of Practice on Workforce Matters The Code of Practice on Workforce Matters should apply to BSF contracts. Where it is deemed not to apply, branches should be aware that TUPE will almost certainly apply to the transferring workforce as a straight forward matter of employment rights. School staff are employees of the local authority, unless they work in foundation, academy or voluntary aided, schools. The Code of Practice on Workforce Matters applies where a local authority employs staff at the school who are transferred to a contractor and it also applies if that contract is subsequently retendered. Branches are reminded that the UNISON guide to the Best Value Code of Practice on Workforce Matters (see resources) suggests the following issues are agreed with the local authority and any incoming contractor and should form part of a model contract clause to enforce the code through the local authority and the incoming contractor: TUPE TUPE will apply to local authority staff transferred to the contractor TUPE will also apply to local authority staff transferred to the contractor, where there is any change of employer under the contractor n even if by law TUPE does not apply the authority and the contractor will conduct themselves as if TUPE applies n the contractor has to ensure that each sub-contractor or service provider will provide all of the transferred staff with the same terms and conditions which they had immediately before transfer n the contractor undertakes that the transferred local authority employees and any new employees will have applied to them any improvement to pay and conditions agreed by the NJC n the contractor must provide new employees with the same terms and conditions and pay as transferred employees n the contractor must ensure that each sub-contractor, or service provider, will provide new employees with same terms and conditions and pay as transferred employees n during the life of the contract, the contractor will not adversely change the terms and conditions of employment of the transferred staff. Pensions Pensions are a highly contentious issue for members and branches. UNISON’s preferred negotiating position for branches is that the contractor seeks admission to the Local Government Pension Scheme (LGPS). The following guidance points may be helpful and are reflected in the pensions arrangements in the workforce code: n the contractor ought to apply for admission to the LGPS and ensure that any sub-contractor or service provider does so too n the contractor must give new starters access to the LGPS n if a contractor sub-contractor, or service provider is not admitted or ceases to be admitted to the LGPS they must: n discuss this with the local authority and with UNISON representatives n offer transferred and new staff an employer’s final salary pension scheme which is GAD certified as broadly comparable to the LGPS 21
Page 1 and 2: Building schools for the future A B
Page 3 and 4: UNISON BRANCH HANDBOOK - BUILDING S
Page 5 and 6: A BRANCH HANDBOOK Section 1 - intro
Page 7 and 8: A BRANCH HANDBOOK bidding for work
Page 9 and 10: A BRANCH HANDBOOK Miller Constructi
Page 11 and 12: A BRANCH HANDBOOK 2. Strategic Busi
Page 13 and 14: A BRANCH HANDBOOK Private Sector Pr
Page 15 and 16: A BRANCH HANDBOOK Future funding wi
Page 17 and 18: A BRANCH HANDBOOK While this approa
Page 19: A BRANCH HANDBOOK 8. Treasury Value
Page 23 and 24: A BRANCH HANDBOOK The code of pract
Page 25 and 26: A BRANCH HANDBOOK Section 4 - Keepi
Page 27 and 28: A BRANCH HANDBOOK 5. Legal Issues f
Page 29 and 30: A BRANCH HANDBOOK Section 5 - BSF c
Page 31 and 32: A BRANCH HANDBOOK A total of 15 sec
Page 33 and 34: A BRANCH HANDBOOK Section 6 - Furth
Page 35 and 36: A BRANCH HANDBOOK working. The 4ps
Page 37 and 38: A BRANCH HANDBOOK DfES DfES, (2003)
Page 39 and 40: A BRANCH HANDBOOK 39

Building schools for the future - Unison

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?