Transferring staff from one employer to another into or out of schools is an important process that must be carried out correctly.
Before you consider any change in your school which involves transferring staff from one employer to another, you must get advice.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations) applies to most situations where staff working in schools are transferred between employers.
Examples include:
- transferring staff from being employed by a school to being employed by a contractor, e.g. cleaning, catering, extended services staff
- the transfer of staff into a school, e.g. staff from a local pre-school if it is agreed to bring the pre-school into a school, or when a school decides to stop using a contractor and bring its catering or cleaning 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 staff when a school converts to become an academy.
Responsibilities and safeguarding rights
The TUPE regulations safeguard the rights of members of staff. Headteachers and governing bodies must understand their responsibilities to make sure the TUPE requirements are met in any situation where staff are to be transferred from one employer to another.
These responsibilities include formal consultation with staff and their representatives, providing accurate information about the staff members being transferred (which must be done to comply with Data Protection rules and regulations) and ensuring the staff transferring to another employer are provided with an appropriate pension scheme.
Schools must also ensure they follow the financial procedures when considering letting or re-letting contracts for services.
Essential help and support
You must get the correct information and guidance you need before you start.
- Becoming an academy: specific information is available for schools considering converting to an academy.
- TUPE and other HR guidance: contact Education Personnel Services (EPS) to ensure any changes involving transferring staff (into or out of your school) are managed properly.
- Pensions: contact pensions teams to make sure they know there will be staff changes (staff transferring into or out of your school)
- Local Government Pension Scheme (LGPS) for non-teaching staff: pension.services@oxfordshire.gov.uk
- Teachers Pensions: hradvicedesk@oxfordshire.gov.uk
Contact details
For pay queries please contact IBC.
For professional HR advice and support (Maintained schools) contact the Education Personnel Service (EPS)