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It would be illegal to harmonize the terms and conditions applicable to employees transferred before January 31, 2014. Such « harmonization » would also be a reason for « transfer » a few years after the transfer. In any event, an employer is not in a position to impose a change in terms and conditions without agreement, whether under TUPE or not, it must first advise and negotiate. However, employers have the right to negotiate changes to the terms of collective agreements if the transfer takes place on or after January 31, 2014. The amendments are legal, as long as they are agreed, that they are generally not less favourable to the staff concerned and that they come into force at least one year after the transfer. The TUC, in collaboration with the six teachers` and school support unions in England, has published a revised version of the TUC Academies Model Agreement. In line with previous editions, the agreement aims to give trade unions greater recognition in academies and free schools, to improve their negotiating position and to allow representatives to take time off for trade union functions. The agreement was signed by the teachers` unions (NAHT, NASUWT and NEU) and the unions, which represent the support and other professionals of the school (GMB, UNISON and UNITE). 6.7 It was agreed that until these procedures were exhausted, there could be no work stoppage or other forms of union action and, in the case of an amendment, this amendment generally does not take place, i.e. the continuation (or return) of the existing practice or agreement before the amendments that led to the dispute.
Except in very specific cases where the Vice-Chancellor believes that the continuation of the status quo would have serious, immediate and adverse consequences for health and safety, or for the educational or financial activities of the university, if he followed the necessary measures. Date of last review: May 18, 2016 (with temporary increase in time to ease and backfill in 2018 and 2020 and recognition for teachers in 2019) The standard agreement will be discussed later in this toolbox, but there are a number of additional ways for you and your institution to protect the rights of new collaborators who will join the Academy after the transfer. Thus, prior to the transformation, the departments negotiated with their municipality new collective agreements that provide for the transfer and application to all staff of an academy. This regime applies to staff in schools that become academies. 7.1 The parties to this agreement reserve the right to terminate it in writing within six months. Changes can be made with the agreement of the parties. 4.1 Representatives of recognised trade union organisations are given adequate opportunities to perform their duties under this agreement, in accordance with the Trade Union and Professional Relations Act (1992) Section 168. The university, as an employer, recognizes elected representatives on behalf of their recognized union in the following functions: the TUC model contract for academies establishes acceptable rules for union representative organizations.
If your academy does not want to accept the agreement as a whole, it is worth convincing the Academy to approve the most important principles of recognition and trade union institutions defined in the TUC standard agreement for academies – Guidance Note – Key Principles (see Resource D), supported by the school labour unions and the NAHT. Time of the financing facility The timing of the transfer is an ideal time to push academies to participate in local agreements with working hours. 6.2 This document outlines the procedures for dealing with and resolving differences in the form of collective issues that fall within the agreement, which are raised by its accredited representative of a union recognized on behalf of the members.