Continuous service from Local authority but on probation in new post in Academy - General - HR in Schools and Academies

11 Continuous service from Local authority but on probation in new post in Academy

21 Mar, 2017 08:34

We have a member of staff with X years service from a local authority which was recognised in their contract of employment for enhanced leave, sick pay, redundancy ( reflects RMO) however they are on probation in a new role in an academy. Can the academy dismiss in the probationary period with a months notice without following a process as they can with a new starter with no continuous service?

Grateful for any advice

Thanks

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Keith | 0 Posts

21 Mar, 2017 08:43

Probably

Most Academies aren't associated employers of the local authority so there is normally no legal continuity between old LA Schools and Academy schools (except for those staff who TUPE transfer at creation). Within the Teaching terms and conditions continuity is often given for benefits whilst moving between schools (although Academies can move away from this) but that's different to continuous service within the legislation.

Did the contract recognise a continuous service date?

I take it the individual left their old school and joined the Academy after applying for a job etc?

They would still be subject to any contractual disciplinary and notice provisions.
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David | 0 Posts

21 Mar, 2017 08:45

Hi Yvonne

I haven't checked, but believe employment by Academies doesn't attract *statutory* continuity of employment the same as other local government or maintained education establishment service. The Academy chose contractually not to treat them as a total new starter but I think that in law they would be a new starter and not able to claim normal unfair dismissal until 103 weeks employment with the Academy itself

(Crossed with the response from Keith )
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Yvonne | 0 Posts

21 Mar, 2017 08:56

In reply to Keith:
Thanks to both, yes she applied for the job and left the Authority to take it. However, they gave her cont service with enhanced leave etc. But as things are not working out as good as they hoped, they are now looking to terminate under prob period and I thought they would have to take into account notice periods etc as per cont service.
Looks like they don't, might be a discussion/ agreement to be reached.
Thanks
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Jolene | 0 Posts

21 Mar, 2017 08:59

Hi Yvonne

I think it is important to check to wording of the contract as most school staff who bring continuous service with them do so in regards to the redundancy modification order and absence entitlement, not necessarily for employment rights, so it is worth checking what is written down.
Again there is probably a clause around notice during probation (unless it is a teacher, then not always so).
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Keith | 0 Posts

21 Mar, 2017 09:05

Yvonne

The other thing to look out for if you are not familiar with Senior Teachers T&Cs is that often notice can only expire on certain dates (usually the end of term) so even if the contract says X it might be X ++ if your serve notice at the wrong time.
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David | 0 Posts

21 Mar, 2017 09:26

In reply to Jolene:
Good point, Jolene, re the potentially big difference between service with 'associated employers' all counting towards continuity for employment rights but that the concession under the Employment Rights Act for redundancy modification etc applies anyhow only for such limited purposes and not for eg unfair dismissal service qualification rights
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Paula | 0 Posts

2 Apr, 2017 18:31

Yvonne

is this staff member a teacher or support staff?

If a teacher probationary rules do not apply and you can't dismiss under this premise , you will need to follow a capability route.

If support staff, that will depend on your offer and standard T&Cs, our offer letters and contracts all state that support staff offers are subject to 6 months probation irrespective of the length of previous public sector employers.

We advise prospective employees that this, along with satisfactory references and DBS , is a term of their continued employment.

Paula
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Jolene | 0 Posts

3 Apr, 2017 11:35

In reply to Paula:
Hi Paula

That is not technically true; probationary rules can apply to teachers, you just have to give consideration notice periods when/if terminating (if following the burgundy book).
However if you do not follow the burgundy book - an independent school for example, then they could state that during the probationary period, the notice period shall be one month.
Thanks

Jolene
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Paula | 0 Posts

13 Apr, 2017 09:16

In reply to Jolene:
thanks for the update, it has been my understanding that having completed their NQT year that teachers could not be subject to further probationary periods.

My experience is in maintained schools, I would be interested to hear from anyone who has applied and acted on a probationary period for any teacher post above M1 in the maintained or academy sector.

Paula
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Yvonne | 0 Posts

13 Apr, 2017 09:55

In reply to Paula:
Hi, thanks to everyone for your responses. It was actually a support member of staff not a teacher. I'm new to schools/ academies and wasn't aware whether to take it into account or not. It was in her contract that she had continuous service, however we came to an agreement and did recognise her service and both sides were happy!
Kind regards
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Jolene | 0 Posts

19 Apr, 2017 17:31

In reply to Paula:
Hi Paula

I have applied and acted upon the probationary period for teachers certainly in academies and independent schools, possibly maintained schools too but I cannot fully recall. Happy to answer any questions on this if you wish to pm me.
It is worth noting that probationary periods have no actual special legal status and they are generally just a useful tool to manage and review a new starter's progress during their first month's of joining you.

Thanks
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