Transfer of staff from one employer to another (TUPE Regulations)
The transfer of staff in and out of schools.
The transfer of staff from one employer to another, whether in or out of schools is an important process which must be conducted correctly.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations) applies to most situations in which staff working in schools are transferred between employers. Typical examples include:
- the transfer of staff from the employment of the school to a contractor, e.g. cleaning, catering, extended services staff
- the transfer of staff into the school, e.g. staff of local pre-school when an agreement is reached to bring this provision into the school; or the school decides to cease to use a contractor and to bring its catering or cleaning provision in-house
- the transfer of staff from one contractor to another contractor when a school decides to let a contract to a different service provider
- the transfer of all employees when a school converts to become an academy
The TUPE Regulations safeguard employees’ rights when the business or organisation in which they are employed changes hands.
It is essential that Headteachers and Governing Bodies are aware of their responsibilities to ensure that the requirements of the TUPE regulations are met in any situation where employees are to be transferred from one employer to another. These responsibilities include formal consultation with employees and their representatives; the provision of accurate information about the employees to be transferred, which must be done with due regard for Data Protection; and ensuring that employees transferring to another employer are provided with an appropriate pension scheme.
Schools must also ensure that they follow the appropriate financial procedures when they are considering letting or re-letting contracts for services.
Specific information is available for schools considering conversion to academy status on the Academies pages.
The Schools' HR Team can provide guidance and support to schools on the requirements of the TUPE Regulations and also transfers that do not come under these regulations.