What obligations will there be on local authorities in relation to staff transfer?
The Guidance recognises that any school converting to Academy status will need to consider the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). For community and voluntary controlled schools the existing employer will be the local authority and therefore there will be TUPE obligations that the authority will need to consider. The Guidance states that if the local authority is the existing employer of staff, the converting school will need to formally notify the authority that the school has applied to convert to become an Academy. The converting school’s DfE contact will also formally write to the local authority to confirm the application. For those schools seeking to convert to Academy status for September 2010, the local authority will need to be notified as soon as possible. The Guidance suggests that for such schools the TUPE process will need to commence in late June/early July to allow meetings to take place before the end of term. F
