WPS Academy/Multi Academy Trust Staff Further Answered Questions Name (optional)/ Date Question/Query/Confi rmation What is a MAT? Response mtng TUPE - how will this transfer in an academy? What is TUPE? The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 were introduced
to ensure employees are protected from unfair treatment, such as unfair dismissal or disputed changes in contract, when their employment is transferred from one employer to another. TUPE will cover the rest of affected employees' employment with an organisation. How does it apply to schools? When a school converts from maintained to academy status, its staff automatically transfer their terms and conditions to the academy under the TUPE Regulations 2006. TUPE also applies when staff are outsourced. The new employer takes over responsibility for the staff and inherits any liability in relation to disciplinary and grievance action taken by the previous employer. Staff who transfer will therefore continue to be employed under the same terms and conditions. For example, the terms of the School Teachers Pay and Conditions Document (STPCD) will continue to apply to teachers. There is no break in continuous service when transferring under TUPE. The new employer also takes over trade union recognition and any collective agreements with trade unions that were in place at the time of the transfer. Both the existing employer and the new employer must inform staff and consult with them about the transfer. When can employment conditions be changed? An employer generally cannot change (or 'vary') the terms and conditions of staff who transfer under the TUPE Regulations. In general, contracts cannot be changed if "the sole or principal reason for the variation is the transfer". 2014 amendments to the 2006 regulations allow employers to vary terms and conditions only in specific circumstances. These include where the reason for the change is unrelated to the transfer, and where the changes are positive from the employee s perspective.
Collective agreements can be renegotiated with staff once 12 months has passed after the transfer. However, renegotiated agreements must not be less favourable than existing agreements. Following the transfer, employers can also introduce new contract terms, and will need to consult with staff on proposed changes. Movement of Staff between schools in the Trust. Structure of the MAT - CEO role There could be movement of staff within the Trust but with the agreement of all parties. It would only work if the member of staff actively supported it. There could be new opportunities that arise and staff could then consider requesting a move. Staff with expertise could well be working closely with other colleagues within the Trust particularly on joint working and support for a sponsor school. MAT recruitment from within the Trust is straightforward and is a good way of retaining staff. All MAT s require a CEO or Executive Headteacher. Taken from the KEY: MATs can determine leadership structure We contacted Mark Trusson, one of our associate education experts and a former principal and director of a multi-academy trust (MAT). Multi-academy trusts (MATs) can decide on their own leadership structure Mark explained that MATs can decide on their own leadership structure. He said that he has seen many examples of leadership structures where the chief executive officer (CEO) was also executive headteacher to some or all of the schools in the trust. He said that whether it is a good idea for the CEO to also be an executive headteacher depends
entirely on the circumstances of the MAT, and outlined some of the advantages and disadvantages of the arrangement: Advantages If the individual is the substantive headteacher of an outstanding school, as well as executive headteacher/ceo, and there is a school in the trust in special measures, he/she is well placed to direct resources to the struggling school appropriately. This is because he or she will have on-the-ground knowledge of the outstanding school but also the authority to direct resources to where they are needed most in the trust Having one person carrying out both roles can keep costs down as it's generally cheaper than paying two different people to each be CEO or executive headteacher Often in these kinds of arrangements, the CEO is also the most experienced as a headteacher, and it makes sense to utilise his/her knowledge and expertise in the running of the school Disadvantages It can be a challenge for the person who is CEO and executive headteacher to manage his/her time It can be a challenge for the person who is CEO and executive headteacher to manage his/her time effectively as it's likely the person will be pulled in many different directions at once The individual may also feel that he/she is being spread thinly and may have less knowledge of the schools where he or she is not the substantive headteacher. However, Mark said that this can be overcome by appointing good heads of school who have developed into the role from within the MAT, and therefore have MAT-specific knowledge. Mark said that this means the executive headteacher/ceo can delegate in confidence In the suggested MAT model that Ben Wilding will be the Executive Headteacher fulfilling the CEO role and responsibilities. The Executive HT leads the MAT Each school in the MAT has a Headteacher The Executive Headteacher is the substantive HT of one school in the group but has an
overarching, strategic role for the whole MAT. The Headteachers of the individual schools within the MAT hold the legal responsibilities for their own schools, but are appraised by the Executive Headteacher. Suggested MAT Structure that WPS could be involved within. Size of MAT Evidence suggests that a small MAT may start as 3-5 schools but mosts then grow to 8-9. The proposed model suggests 3 schools to start with a 4th sponsored school joining very quickly. The RSC is keen for a sponsor school to be part of the initial set up. MATS must work with other schools in need of improvement and this happens at the formation or very soon afterwards.
Curriculum Budget Academies do not have to follow the National Curriculum. It is proposed that each school has created a curriculum that best suits their pupils which allows their unique characteristics to shine. Financial year For academy trusts: this is usually the same as the academic year, from 1 September to 31 August. For most other public sector bodies (e.g. EFA) it means the period from 1 April to 31 March. Funding agreement: The agreement between the academy trust and the Secretary of State, which includes funding arrangements, obligations of both parties and termination provisions. General Annual Grant GAG: is the main source of revenue funding for academy trusts. A new National Funding Formula is to be rolled out fro 2018-19. The Education Support Grant ESG ends this year. All schools receive 25,000 for Academy set up. An additional grant for sponsorship of a school requiring improvement can also be applied for 40-70,000.
Pension Liability Due Diligence Each school in the MAT requires actuarial assessment of Local Government Pension Scheme liability. This would appear on the bottom line of the Academy accounts as a liability. This is reviewed periodically. The KEY suggests: Financial Financial due diligence tests can include an examination of the joining school s: Financial information for the past three years Financial projections Audit reports
Capital assets and commitments The guidance suggests commissioning an independent audit of finance and risk. Organisational A MAT should examine the organisational structures of the joining school, such as: Staffing structures Summary biographies of the senior leadership team Curriculum models Staffing ratios Any ongoing or unresolved staffing issues The pay policy The guidance explains that organisational due diligence can support the Transfer of Undertaking (Protection of Employment) (TUPE) process when staff transfer to the MAT. Performance The guidance says that the MAT can access external data to conduct due diligence of a joining school s performance. It also suggests that a MAT should analyse the joining school s own internal data to understand the extent of any school improvement required. This will also help to assess the MAT s capacity to support the joining school and how the school fits into the whole MAT. Legal The MAT should complete due diligence activities to understand what liabilities may be associated with the transfer of all assets and contracts, including the title to the school land. Commercial
The MAT should know about any additional contracts which will need to be entered into in order for the joining school to continue to properly operate. This includes any arrangements that are currently implemented by the local authority (LA) on behalf of the joining school s governing body. Jan pres Governance
and Jan pres Ben W 31st Jan 2017 Role of the LA Is WPS seen as a school that can form a MAT? When will WPS next be inspected? Will we be considered a new LA role is diminishing and will be fulfilling statutory functions. The School Improvement role will reduce considerably. School to school support - Collaboratives/Triads will not exist going forward as funding is being removed with the Education Support grant withdrawal. The RSC and Dep RSC view WPS as a school capable of forming a MAT. I asked the KEY who have consulted with OFSTED and this is their answer (it has taken almost two months for the answer to be confirmed:
school and therefore gain 2yrs and a Term like other converting schools? When will schools that join a MAT be inspected? A school leader asked us how joining a multi-academy trust (MAT) affects the timing of a school's next inspection. An Ofsted representative told us that this will depend on the school's current status. If the school joins a MAT as part of its conversion to academy status, it will be subject to the same inspection guidelines as any other new academy (see section 1 of this article, above). This is because when a maintained school converts to academy status it becomes a new school with a new legal status. However, if the school is already an academy when it joins a MAT, the timing of its next inspection will not be affected. The Ofsted representative explained that this is because the existing academy will not be changing its legal status, and therefore it "will not have the inspection cycle reset". Schools forming a MAT A school leader also asked us if a school forming a MAT and becoming a sponsor would affect it's inspection frequency and type. A representative explained that forming a MAT, rather than converting as a single academy, or becoming a sponsor makes no difference to the criteria set out in section 1 of this article, as the school would still be a new academy. The school forming the MAT would still usually be inspected within three years of opening, and if the predecessor school was judged to be 'good' the school would have a section 8 inspection. The article also suggests that if the school was last inspected a long time ago they may not wait three years. Taken from the KEY: New academies with good predecessor schools From September 2015, schools judged good at their previous inspection will normally receive short
inspections once every three years. See another of our articles for more information: Frequency of inspection: schools rated 'good' Paragraph 3 of the policy statement, linked to above, explains that the following types of academies will be eligible for short inspections: Mainstream academies whose predecessor schools were most recently judged 'good' Special schools and PRUs that convert to academy status, if their predecessor schools were most recently judged 'good' or 'outstanding' A representative from Ofsted explained that new academies that qualify for a short inspection will 'in part' have the next inspection determined by the gap between the last inspection and the conversion date. For example, if the last inspection (where the school was graded 'good') occurred four years before the school converted, Ofsted may not wait until the third year of operation post-conversion before inspecting, and may inspect in the first two years. March 17 March 17 Will TA contracts change when we become a MAT? Will TAs be required to work in any school in the MAT as needed? All existing staff will transfer under TUPE maintaining their terms and conditions. Please see TUPE details above. No - each school will retain their staffing however sharing of key skills could be mutually considered and staff would be free to apply for posts across the MAT if vacancies arose.