ATL ADVICE
Leaving an academy and
continuous service
While many staff are concerned about protecting their salary and conditions when their school
converts to an academy, it is equally important to understand what happens should you wish
to leave the academy and move to another school. This factsheet helps to explain the issue of
continuous service and why it is important to you.
Your position will be different if you transfer to an academy or if you choose to leave your current
school and apply for a post in an academy.
What is continuous service?
Continuous service is the amount of time that you have
with an employer, or associated employers. Under the
Employment Rights Act 1996, continuity of service is
maintained if an employee moves to a new job with an
‘associated employer’ within a statutory week (Sunday
to midnight on Saturday inclusive). Continuity is broken
where the break exceeds one statutory week, which
therefore has to be a complete week from a Sunday and
up to and including a Saturday. It is therefore possible
to leave one employer on the Monday of week one and
start work with a new employer on the Friday of week
two and still maintain continuous service.
Generally, local authorities are not considered
‘associated employers’. However, the Redundancy
Payments (Continuity of Employment in Local
Government etc) (Modification) Order 1999 has the
effect of making local government, including maintained
schools and academies, associated employers for the
purpose of redundancy payments and some other
contractual benefits (ie, annual leave).
Why is continuous service important?
Continuous service is important as it is used to
calculate redundancy payments and entitlement to
some occupational and state benefits, including
maternity pay.
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How will my sick leave position be
affected?
For those teachers employed in maintained schools, the
position on sick leave is detailed in the Conditions of
Service for School Teachers in England and Wales (the
Burgundy Book). This gives a teacher sick leave based
on the total of their accrued service with one or more
local authorities. Therefore if you have taught for four
years in the maintained sector, you are entitled to 100
working days of sick leave on full pay and a further 100
working days of sick leave on half pay.
If you leave teaching, or move to a school not covered
by the Burgundy Book, and then return to the
maintained sector, then you can pick up your previously
accrued rights to sick leave from day one of returning to
the maintained sector.
For support staff employed in maintained schools, the
position on sick leave is detailed in the National
Agreement on Pay and Conditions of Service (the Green
Book), Part 2, Section 10. Full sick pay (six months’ full
pay, six months’ half pay) is payable after five years’
service.
If you are TUPE transferred to an academy, you will
have the same entitlement to sick leave as you would
have had, had you remained in a maintained school.
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If you are not TUPE transferred to an academy then you
should check what, if any, occupational sick leave is
offered and how you would qualify for this.
Whether or not you are TUPE transferred into an
academy, there is no automatic right to have the service
with the academy counted towards your entitlement to
sick leave if you return to the maintained sector.
However, some local authorities have agreed to
recognise academy service provided that the academy
is within that local authority.
If I am subsequently selected for
redundancy how will this affect my
redundancy payment?
The Redundancy Payments (Continuity of Employment
in Local Government etc) (Modification) Order 1999 has
the effect of making local government, including
maintained schools and academies, associated
employers for the purpose of redundancy payments.
Therefore your service for the calculation of any
redundancy payment will be based on all of your
continuous service.
How will my entitlement to maternity/
paternity/adoption benefits be
affected?
If you are TUPE transferred to an academy then your
entitlement to maternity, paternity and adoption benefits
transfers with you. You will not have to work a further
minimum period to be entitled to these benefits. If you
were TUPE transferred to an academy and then return
to a maintained school or move to another academy,
you will need to satisfy the qualification requirements to
receive occupational maternity, paternity or adoption
benefits.
If you are not TUPE transferred to an academy then you
will need to check with the academy what, if any,
occupational maternity, paternity or adoption benefits
are available and how you qualify for them.
Your entitlement to state maternity or adoption leave is
not affected. However, you will need to satisfy the
necessary qualification period for any state maternity or
adoption pay or any paternity leave and pay.
How will my pension be affected?
Academies are required to offer the Teachers’ Pension
Scheme to all teachers and the Local Government
Pension Scheme to support staff.
For teachers, any period out of service could have an
effect on your pension benefits. Wherever there is a
break in service, Teachers’ Pensions will, on retirement,
undertake a ‘hypothetical calculation’ of pension
benefits. You should read ATL’s pension factsheet
Taking a Drop in Salary if you have a break in service or
your new post is at a lower salary rate than your
previous post — see www.atl.org.uk/pensionfactsheets.
How is my pay progression affected?
If you are TUPE transferred to an academy then your
pay should progress in the same way it would have
done in a maintained school. From September 2014,
this will mean any salary progression will be determined
by the outcome of your performance appraisal.
If you are not TUPE transferred but choose to move to
an academy, you should check with the academy what
salary system it operates. Academies do not have to
use the nationally agreed salary scales.
From September 2013, if you return to work in a
maintained school there is no requirement for the school
to honour either your pay in the academy or in any
previous maintained school. You and the school will
need to negotiate your starting salary. Teachers who
have been paid on the upper pay scale and who return
to the maintained sector can be placed on the upper
pay scale at their new school but this is at the school’s
discretion.
There are no national support staff pay scales, so you
need to check salary entitlement with a new employer.
Am I protected against unfair
dismissal?
To be able to make a claim for unfair dismissal you must
have been employed with any new employer for at least
one year’s continuous service for employees in
employment before 6 April 2012 and; for two years for
employees starting employment on or after 6 April 2012.
If you are TUPE transferred then your employment with
the transferring school will count.
Need advice?
Your first point of contact is the ATL rep in your school/college. Your local ATL branch is also available to help, or you
can contact ATL’s member advisers on 020 7930 6441, email [email protected]. Don’t forget there’s lots more advice on
ATL’s website at www.atl.org.uk.
© Association of Teachers and Lecturers 2013. All rights reserved. Information on this sheet may be reproduced or
quoted with proper acknowledgement to ATL.
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