Hi there, do you mean standardising contractual T&C’s? I’m assuming the schools have TUPE over which means their terms and conditions are protected and cannot be standardised. Even if they agreed to the changes, they have the right to revert back to their original terms at anytime. They could even cherry pick from the old and new! You can give new starters new terms (recommend you consult with the unions) but you can’t standardise current staffs UNLESS their is an ETO reason. Simply wanting to standardise terms across the trust isn’t one.

If you mean aligning policies, then you need to consult with the unions initially but you can change those. And in my opinion, it’s best practise to ensure consistency and fairness across the trust.

Hope that helps!

In reply to Sasha:

Hi

I'm assuming you mean those policies which are not contractual?

For my part, I am looking at the issues around standardising contractual terms and conditions (including policies). I'm familiar with the TUPE regulations, and understand that it is permissible for the new employer to seek to agree a brand-new set of terms and conditions for all staff, wherever they have all transferred from, as this is unlikely to be related to any one particular transfer. Obviously, this must be negotiated with the recognised trade unions, but I understand that some MATs have gone down this route. I'm trying to understand the process from someone who has gone down this path already - I'd like to get an understanding of the practical issues experienced (rather than the legislative issues). I don't know if this is an area that you have experience of in your own MAT?

Regards

Amanda

In reply to Amanda Harris:

Hi Amanda,

We only converted in Sept so all very early stages. Both schools abide by the green and burgundy book so no differences in contractual terms and conditions. We have started the process of aligning policies starting with ‘Managing Absences’ Leave Policy’ and ‘Support Staff Appraisal Policy’ - but it’s early days so other than first draft amendments going to the unions, not much more I can add.

In reply to Amanda Harris:

Hi Amanda, we have just harmonised our T&C's and pay across our MAT. We aligned our salary scale to the local authority pay scale but had to have some of our jobs evaluated externally as they did not match to any of the LA's JD's.

Once the jobs were matched, each employee received a new JD with details of the new sickness and leave entitlement and an Appeals process notification. The consultation period lasted for 30 days and then the employees had another 7 days to lodge their appeals. We also held meetings at each of the schools to address concerns.
Unions have been consulted throughout the process.

The new sickness and leave entitlement were more generous through harmonisation so there were no concerns there. We did, however have employees who were previously paid more than their job was matched to on the new pay scale so we had to pay protect some salaries for a period of 12 months. Let me know if I can be of any help.

In reply to Sharon :

Hi Sharon

Many thanks for your response. Can I ask whether all of your staff were TUPE'd over from within the same local authority.

Regards

Amanda

In reply to Sharon :

Hi Sharon, this is probably a really stupid question but I was under the understanding you couldn’t harmonise pay/T&Cs across a MAT as it relates to the TUPE itself and therefore staff have protection under TUPE. How did you get round this? Many thanks.

In reply to Sasha:

Hi, to be honest I came into the process at the latter stages so was not involved at the start. we did have a Head of HR who was responsible for the implementation of the project but left the MAT. They would have worked with our external provider. I am going to find out and get back to you with some information. s all to know:)

In reply to Sasha:

TUPE protects changes linked to the Transfer not all and any changes in the future ( if they are unconnected to the TUPE).

Harmonising seems often linked to TUPE but it isn’t necessarily. If the MAT works out a set of T&Cs that are needed to go forward across the trust then this isn’t necessarily linked to the transfer.

Of course you still have the issue of changing T&Cs and gaining agreement.