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When a school converts to academy status, the transfer of staff falls under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 (as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014). The TUPE rules apply to organisations of all sizes and protect employees' rights when the organisation or service they work for transfers to a new employer. TUPE has implications for the employer who is making the transfer and the employer who is taking it on.
The TUPE process is a very complex area of law. It is recommended that, as early as possible in the conversion process, advice is taken from an appropriately experienced legal advisor. The process needs to be handled carefully and comprises informing and consulting with staff and their representatives; exchange of information between the outgoing (transferor) and prospective (transferee) employers; and TUPE protection — the restrictions and processes around making changes to staffing and terms and conditions.
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