The NASUWT with the other school workforce trade unions have negotiated a trade union recognition agreement with Oasis Community Learning (Oasis Academies) for consultation and collective bargaining purposes.
This provides the necessary structures for the NASUWT to meet with Oasis Academies at both academy and national level in Joint Committees.
The National Joint Committee is where the trade unions meet with Oasis Academies to negotiate on pay, conditions of service issues and on policies and procedures for teachers and other Oasis Academies staff. A copy of the trade union recognition agreement is available on the right-hand side of the page.
Protection of your pay and conditions under TUPE
Staff who transferred when the school became an academy transferred under TUPE and therefore benefit from the protections of TUPE. One of those protections is that changes to the transferred contract of employment cannot be made. Regulation 4(4) TUPE sets that out - any purported variation to the contract will be void. Therefore requiring staff that transferred under TUPE to sign new contracts is not permitted. The protection from TUPE does not apply only to certain terms and conditions. TUPE applies to the whole contract. The employer cannot pick and choose which bits of the contract are protected by TUPE - it is all protected by TUPE and so there should not be any move to introduce new contracts.
Employees therefore have the legal right to transfer to the new employer on their existing terms and conditions of employment and with all their existing employment rights and liabilities intact. Effectively, the new employer steps into the shoes of the old employer and it is as though the employee's contract of employment was always made with the new employer.
NB: Where an independent trade union had been recognised by the outgoing employer in respect of transferring employees, recognition will transfer to the incoming employer.
