ATL

Academies and trust schools

As academies have the status of independent schools, they can operate outside the School Teachers' Pay and Conditions document (STPCD) and the National Conditions of Service for School Teachers, usually known as the Burgundy Book.

The Department for Education (DfE) states that it is the responsibility of the academy to agree levels of the pay and conditions of service with its employees and to employ appropriate staff numbers. Where an existing school becomes an academy, the staff receive a salary level in accordance with the STPCD and have their contracts protected under the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE).

However, contracts can be varied subsequently and new entrants could be offered different and less favourable terms. ATL is concerned about the potential for varying salary levels and conditions being offered for comparable roles.

There is a possibility that new academies which are not replacing existing schools could offer lower rates than neighbouring maintained schools. However, if academies are to recruit staff and be successful in meeting the high expectations of parents and the government, it is ATL's view that they will have to offer a competitive package in order to attract staff.

Although, in almost all cases, academies claim they pay according to their own scale, in practice these bear a close resemblance to the provisions of the STPCD.

Other concerns

ATL is concerned about working time provisions which have appeared in new contracts in some of the academies. We have heard reports of academies introducing a working year of 1,400 hours, extending the length of the school day and reducing the lunch break to 30 minutes. There is also concern over top-heavy management structures in some academies.

ATL's concerns were reflected in a report by PriceWaterhouseCoopers, commissioned by the government and published in June 2005. The report states: "Staff workload is generally heavier in academies compared to the previous schools". The report also referred to tensions arising from having staff employed on different contracts within the same academy.

ATL's role in protecting pay and conditions

ATL is recognised by ARK, EACT, the Harris Federation, OASIS and United Learning Trust. You can find out more about our work in this area in Academy news, our newsletter for the sector.

In other academies, it is important to establish that ATL is recognised for collective bargaining so that we can negotiate for acceptable pay and conditions, and ensure that our representatives are entitled to facilities time to enable them to carry out their trade union duties.

Recognition and TUPE

ATL is currently recognised by all local education authorities for all local authority maintained schools. When an academy is created to replace an existing school, therefore, ATL recognition will transfer under TUPE.

However, if two or more schools are merging into one academy, then this protection may not apply as the staff covered by the recognition agreement may be subsumed within a larger group of employees to whom different arrangements apply.

Even where TUPE does not apply, however, (as in the case of new academies) ATL would expect academies to see the advantage of entering into a recognition agreement on a voluntary basis covering, where appropriate, all academies provided by the same sponsor.

ATL is committed to supporting its members in academies and to bargain for pay and conditions at least as favourable as those available to members in maintained schools. Members requiring assistance should contact their ATL branch secretary or ATL's London Office.

Background

The government's academies programme developed as a result of ongoing concern over the performance of secondary pupils in the cities. A limited attempt to resolve the problem was made with the Fresh Start Programme, which rested on the assumption that "poor schools" could be turned around by outstanding head teachers.

Downing Street advisers concluded that this scheme failed because it only partially tackled the problem. They argued that new, high quality buildings, a new ethos, a new structure of governance and new staff were all necessary along with a higher level of private sector input.

Although academies have the legal status of independent schools, they are largely funded by the Department for Education. Each is regulated by a contract between the DfE and the principal sponsor, which specifies financial and other arrangements for the conduct of the enterprise.

At its 2005 conference, ATL decided to take all possible steps to persuade the Government that the establishment of further academies is not in the long-term interest of a state education which is free to all. ATL also called for measures to make sure that LEAs are still empowered to ensure the provisions of effective and efficient education in their area.

Following the 2010 general election, the new Conservative-Liberal coalition government announced in May that all maintained schools were invited to apply to transfer to academy status, including, for the first time, primary and special schools, and that existing maintained schools graded as 'outstanding' by Ofsted were pre-approved for academy status. Its Academies Act was passed in July 2010.

ATL's position on academies in no way undermines the commitment of ATL to support its members who are employed in academies as necessary.

Need further advice?

Your first point of contact is your ATL rep in your school or college. Your local ATL branch is also available to help with queries, or you can contact ATL's member advisors on tel: 020 7930 6441 or email us. Please have your membership number to hand when telephoning and include it with any correspondence - this will help us to answer your query more quickly.