Hi everyone,  I hope someone can advise me on this.  I work in HR for a multi academy trust for 5 schools.  We have a number of Peri music teachers who have been working with our schools part-time, some who have been with their schools for many years.  Their contracts are extremely old, all very different from each school from before they TUPE'd to the Trust, the contracts appear to be support style ones which do not mention any with the teachers pay and conditions, and their rates of pay are all very different, and not linked to any scale or range.  Some of the hourly rates are also extremely high and the working weeks are more than the Peris actually teach.  For instance some state they are paid for 44 weeks per year, when the teacher only delivers tuition for approx 39 weeks per year, in line with the school working weeks.  

We have been working with these teachers for the past couple of months to explain that the Trust cannot continue financially like this, explaining that the TUPE happened around 3 years ago and now is the right time to harmonise all contracts, and that we would like them to transfer to our Teacher contracts.  We have held a group consultation mtg and also 1-1 individual consultation meetings with them all, we permitted them to be accompanied at the 1-1 mtgs by a TU rep/work colleague.  We have already agreed to honour the hourly rates of pay.

Our contracts do not allow for collective agreements, we have a mobility clause included, and, whilst pay is spread out throughout the year, the payments will be linked to the academic working weeks.  This means that, although they will retain their current hourly rates as agreed, the actual working weeks will be reduced so effectively we make a saving and they will lose a proportion of their annual income.  We already know from the 1-1 mtgs that, although they all understand why we need to do this, none of them are happy about the proposed changes, so when the contracts are issued in the next few days and they will have further 1-1 mtgs with their line managers, we are not expecting any of them to agree to sign the new contracts.

I believe we have been open and transparent and have followed a fair consultation process.  I am also aware that, providing there is evidence that the employer has followed a fair process, a final option for the employer is to terminate the old contract and issue new contracts anyway, the following day.  I understand this is not ideal - and I have never done this before.

The problem at the moment is that, because of other reasons, unfortunately the process was delayed for around 6 weeks, and the current climate has delayed it even further.  I know the notice period for teachers is coming up at the end of May and I'm unclear as to - if we are going to have to terminate and re-issue new contracts, where do we stand with the teacher notice periods?  Does this conflict with the termination and re-issuing next day?  I really don't have a clue?  We are running out of time to link this in with the end of May notice period, to start with new contracts on 1st Sept - I'm feeling a bit lost now and really need some help if anyone can assist with what I can do, when etc. that would be great?

Many thanks