Achieve Multi-Academy Trust Consultation

Consultation to convert to Academy status and join Achieve Multi-Academy Trust

Our Governing Body has been carefully reviewing its options to become an academy and it has decided to consult with parents, carers, staff and other stakeholders, on whether Westhaven School should become an academy and join a new MAT called Achieve Multi Academy Trust.

We have been working very closely with four other schools in the southwest area, Three Ways School, Ravenswood School, Baytree School and Warmley Park School and now feel the time is right to formalise our relationship and form a multi-academy trust together.

All five schools combined share the ultimate vision and aim that every learner in our family of schools will succeed, whatever the context. As a group of five schools we have had the benefit of having worked together for several years and entered into a Memorandum of Understanding partnership agreement together in May 2024.

We are therefore commencing formal consultation today, Monday 20th January 2025, for a period of four school term weeks.  Consultation will therefore end at 3pm on Friday 14th February 2025.

What is an Academy?

Academies are state schools, funded directly from central government, no longer under the control of the Local Authority. Academy status gives schools more freedom to be innovative and creative with the curriculum, timetabling, staffing and governance.

All academies continue to be inspected by Ofsted and comply with the same rules as other schools on special educational needs and disabilities (SEND), exclusions and admissions.

An academy is part of a charitable trust (the MAT) run by a board of trustees.  Trusts and their academies are rightly expected to work with and support other schools, including vulnerable schools. Should you wish to know more about the Government’s policy, the Department for Education has its own academies bookmark on https://www.gov.uk/guidance/convert-to-an-academy-information-for-schools

What is a Multi Academy Trust (MAT)?

A Multi Academy Trust is a charitable company and is responsible for overseeing the running of a number of schools. It has three layers of governance: the Members; the Directors; and the Local Governing Bodies.

A MAT is formed when its articles (legal document) are approved by the DfE and it is registered at Companies House as a company. MATs are made up of a number of academy schools – some are just primary school MATs, others will have secondary schools in them and some will include Special Schools too. It is usual for MATs to have periods of growth, when a number of schools might join and then some period of consolidation. There isn’t a set number of schools that makes a MAT. The partnership established between all schools in the MAT ensures that the schools can share skills and best practice and make optimum use of resources ensuring best value for money for each school.

In many ways the children will not notice any immediate difference, they will be in the same uniform, in the same classrooms with the same teaching staff.  However, in time the children will perhaps notice changes and improvements in the way that they learn for example and have greater links with each school within the Trust.

  • What will be the main benefits for schools within Achieve Multi-Academy Trust?
  • Access to high quality staff across the Trust
  • Moderation of standards across the partnership of schools to ensure the highest quality provision
  • Greater control over finances and the money due to school
  • Educational benefits for students as a result of additional freedoms available to academies in terms of the curriculum we offer, and how we prioritise resources
  • The opportunity to work in close and formalised partnership with other schools and share expertise and services that will benefit all of our students and staff.
  • Sharing resources and expertise, allows us to target funding towards improving front line teaching and learning
  • Develop our own solutions collaboratively

What additional responsibilities will Academy status bring?

  • Currently the Local Authority employs our staff – going forward the Multi Academy Trust would be the employer rather than the LA.
  • The Academy Trust would be responsible for admissions rather than the LA (although the Local Authority would still co-ordinate and ensure the Trust adopts clear and fair admission arrangements in line with the admissions law and the School Admissions Code).
  • The Academy Trust would enter into a 125-year lease for the land, usually owned by the Local Authority. We already have responsibility for the cost of maintaining the land and buildings.

Will any changes to the school be made as a result of conversion?

We do not intend to make any changes to the day-to-day work of the school following conversion, other than to adjust the governance  arrangements and accountability that comes with working within a Multi Academy Trust and to bring closer working practices between the schools in the Trust. More information on the process and the answers to many of the questions you may have can be found in the Frequently Asked Questions (FAQs) are on this page.

How do I learn more, and how do I respond to the consultation?

At this stage we are not committing the school to conversion to academy status or to joining Achieve Multi-Academy Trust. We are consulting with everyone associated with our school before governors meet again to make a final decision.

The Governing Body would very much like to hear your opinion. If you wish to respond in writing to the consultation, we ask that you let us have your views by filling out the Google form https://forms.gle/RYUwmagH64jwJThKA  by 3.00 pm on Friday 14th February 2025. Please include your name and contact details.

Whilst we do not anticipate responding to each and every communication, we will provide answers to questions via the FAQs and we welcome your views. Please be assured your views will be taken into consideration by our Governing Body when they meet to make a final decision.

The FAQs document will be updated regularly and shared on our website to reflect any questions that are pertinent to our wider community.

Following the closure of the formal consultation period the Governing Body will meet to consider how to proceed and the outcome of the consultation process will be shared with you as soon as practicable following the meeting.

 

Yours sincerely,

Mr Jamie Peacock                                      Mr Stephen Romanski

Headteacher                                                Chair of Governors

FAQ

What does it mean for staff at the school?
All staff have the right to transfer their employment under TUPE legislation from their current employer, the local authority, to Achieve Multi-Academy Trust. We are also keeping staff updated and offering reassurance that terms and conditions will remain in line with nationally and locally agreed pay and conditions.

Will the admission arrangements change when the school becomes an Academy?
The admission arrangements will stay the same as they are at this point in time. Children who attend this school must have an Education, Health and Care plan.  The school will continue to work in partnership with local authorities and parents/carers to consider the suitability of students for a place at the school based on whether the school can meet the child’s special educational needs.

Will my children’s teachers stay at Westhaven School?
There are no plans for any of the current staff to work at any other school.

How will it affect my child’s education?
Our school and the other four schools forming Achieve Multi Academy Trust are wholly committed to ensuring that every pupil achieves his or her full potential. We are also wholly committed to improving the quality of teaching and learning and providing staff with the best professional development. By working in collaboration with other schools within the Trust we will be able to benefit the pupils at each school by sharing resources and expertise.

Will there be any curriculum changes?
There are no plans to impose curriculum changes on our school.

What will happen to the uniform?
There are no plans to make imposed changes to the uniform.

Will the times of the school day and holidays change?
There are no plans to change the times of the school day or the term dates. Any future changes would be subject to extensive consultation with parents and carers.

STAFF FAQ

Background

You are currently employed by the Local Authority. The Governing Body is in the process of consulting with all stakeholders about converting to academy status and joining the Achieve Multi Academy Trust (the Academy Trust). This will be a separate legal entity to which pre-existing staff would be transferred under Transfer of Undertakings (Protection in Employment) (TUPE) 2006 Regulations which was updated with the Collective Redundancy and Transfer of Undertakings (Protection of Employment) Amendment Regulations 2014.

Governors are currently giving serious consideration to this proposal and must follow the statutory requirement to fully consult with staff in accordance with these requirements.

This briefing note aims to provide information on the key requirements for staff directly affected by the transfer. Please note this is for information only at this stage and should not be viewed as constituting actual TUPE consultation.

Questions and Answers

Legal Protection/TUPE Regulations

What is TUPE and how does TUPE work?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations.  The main purpose of the TUPE Regulations is to preserve continuity of employment and to safeguard the employment rights of all employees whose employment transfers to an Academy Trust as a result of a relevant transfer i.e. transfer to Achieve Multi-Academy Trust.

TUPE places a statutory requirement on the LA as the outgoing employer (the ‘transferor’) and the Academy Trust (the ‘transferee’) as the incoming employer to consult with you and your representatives. This will include all staff employed in the School and the trade union representatives for the staff.

What consultation will take place?

Employers are required to inform and consult with you through appropriate trade unions representatives and will also consult directly with you if you are affected. TUPE does not prescribe a defined time period for consultation.

The information supplied to trade unions will include:

  • the fact that the transfer is going to take place, approximately when and why
  • any social, legal or economic implications for you if you are affected for example the fact that you will become employees of the Academy Trust (transferee)
  • whether or not there are any measures that the outgoing employer (transferor) and Academy Trust expect to take in respect of your employment, see below

The meaning of the term ‘measures’ is not defined but is considered to mean any action, step or arrangement that will have implications for you if you are transferring to the Academy Trust or any other employee affected by the transfer. For example, this might include a change in location, a change to working patterns, a change in pay date, or a plan to change job titles, amongst other things.

What about after the transfer to the Academy Trust?

In accordance with TUPE, pre-existing terms and conditions of employment and working arrangements cannot be changed for reasons related to the transfer.

Do we have to re-apply for our jobs?

No. You do not have to re-apply for your post. If you are in employment on the day before the conversion you will transfer to the Academy Trust. Your contract of employment and your terms and conditions transfer with you.

Will we be issued with a new contract?

The purpose of TUPE is to preserve your service of employment and safeguard your employment rights.  In effect your contract of employment transfers intact to the Academy Trust so there is no need to issue a new contract.  However, your contract of employment is made up from multiple terms contained within a variety of documents including national agreements, local agreements, individual arrangements etc.  All employees should have received at some point a Written Statement of Employment Particulars which contains some of the main particulars of their employment.  It is not itself a contract of employment but is evidence of the contract of employment.

Is there a time limit on TUPE consultation?

No. TUPE states the time of informing must be reasonable. The formal part of the process usually takes two to three weeks unless there are “measures” identified (see above), which may then result in a longer formal consultation process.

  1. Pay, Terms and Conditions

Will my terms and conditions remain the same as they are now?

Yes, the TUPE legislation as well as the legislation surrounding Academies means that you will continue to be employed on the same terms and conditions as you were before transfer.

How easy would it be for the new employer to change pay, conditions, contracts etc?

The new employer would need to enter full consultation with you and trade unions. If any changes were agreed in the future, notice would need to be given of changes.

Will overtime and other enhancements continue to be paid?

Any rates and enhancements that are terms and conditions of employment will therefore transfer.

What about other policies – will these change?

Current contractual terms and conditions, including maternity/paternity entitlements will transfer. However, some policies may need to change slightly to reflect the Academy Trust and any new governance arrangements, for example it may be necessary to remove any reference to the involvement of the previous employer. The Academy Trust may want to adopt a common set of policies moving forward, however, where this is the case an analysis of all existing policies would be undertaken to ensure that overall the terms of any Trust policies are more favourable and would also be subject to full consultation.

Will I still have continuous service?

Yes, any accrued service will be transferred to the new employer.  Legislation is in place that allows employment service with different local authority associated employers to be accrued as continuous service for the purpose of redundancy payments and for some staff (support staff), annual leave, sick pay and maternity pay. This legislation is called the Redundancy Modification Order (RMO).

The Local Government Employers Organisation has confirmed that any Academy Trust established under the Academies Act 2010 (this will apply to the Academy Trust) will be a recognised local authority associated employer covered by the RMO.

Will existing working patterns, such as flexible working hours or shift patterns, be maintained?

Where working patterns are the subject of formal individual or collective agreements then these will transfer under TUPE.   Similarly, where working arrangements are defined in the contract of employment then again these will transfer under TUPE.

  1. Pension arrangements

What happens to my TPS or LGPS pension when I transfer to an Academy?

The Academy Trust will be a member of the Local Government Pension Scheme (LGPS) and the Teachers Pension Scheme (TPS) and your pension is protected as part of the TUPE transfer. Therefore, your pension will be unaffected by the transfer.

The Academy Trust offers LGPS to any new support staff appointed post transfer and any new teachers appointed post transfer will be in the TPS.

If you are already a member of an occupational pension scheme such as the TPS or the LGPS you will see no difference to your scheme membership. Where appropriate your pension records will be automatically transferred into the name of your new employer (Achieve Multi Academy Trust), there will be no change to the pension benefits you accrue, and you need take no further action. You will receive confirmation of the change in employer in due course.

Staff not currently in the TPS or LGPS

If you have already provided an opt out form and are currently not paying pension contributions you will be automatically enrolled into the TPS or LGPS in accordance with Auto Enrolment Regulations as your new employer is required by law to enrol you into an appropriate occupational pension scheme from the date of transfer.   As a member of the Scheme you will be required to contribute a percentage of your salary to that scheme. Your employer will also contribute to the Scheme on your behalf, with the employer contribution to the Scheme being determined at each triennial valuation of the Pension Fund by the Fund’s appointed actuary.

If you do not wish to be a member of the Scheme (or decide at some later date that you do not wish to be a member), you can obtain an opting out form from the relevant pension scheme administrator via the website, but please note, your employer is not permitted to provide you with an opt out form.

If you make a valid opt out within three months of being enrolled you will be treated for all purposes as not having become an active member of the pension scheme on this occasion and we will refund to you any contributions paid by you through the payroll system.

  1. Trade Union Recognition

Does the Academy Trust have to recognise a trade union following a TUPE transfer?

Trade union recognition transfers with a TUPE transfer. Therefore, if a trade union recognition agreement is in force at the date of the transfer, then the Academy Trust must recognise the union.  There is no requirement for the new employer to continue to recognise the union. It may elect to terminate the recognition agreement following the transfer, in which case the union would have to seek recognition anew. Please be assured Achieve Multi Academy Trust will continue to recognise Trade Unions currently recognised in our school.

Collective agreements in place at the time of the transfer also transfer to the Academy Trust. These include terms and conditions of employment negotiated through collective bargaining as well as the wider employment relations arrangements.

Terms and conditions from collective agreements may be renegotiated after one year provided that overall the contract is no less favourable to the employee.

  1. Personal Information

 What personal information will be passed to the Academy Trust?

Regulation 11 of the TUPE Regulations requires the outgoing employer to disclose certain information to the new employer in order that they can manage the employment contract going forward.  This will also include your personal file.  As the disclosure of this information is required by law your consent to disclose this information is not required.

You will be asked to verify the data that is held on you and the Academy Trust will:

  • Only disclose this information for the sole purpose of preparing for the proposed TUPE transfer;
  • Not disclose this information to anyone other than those authorised employees negotiating the proposed transfer and its advisers;
  • Ensure that the employee information provided is kept securely.

Will I need to undergo a DBS check?

 You will not be required to undergo a new DBS check as part of the TUPE process. 

  1. Refusal to transfer

Does an employee have to transfer to the Academy Trust?

When there is a TUPE transfer, its effect is to transfer all those employees who are assigned to the outgoing employer immediately before the transfer.  If you fall into that group, when the transfer happens you become employed by the Academy Trust.

The only exception is if you were to make a valid objection to becoming employed by the new employer.  However, in those circumstances, the transfer simply terminates your contract without any dismissal.  In these circumstances there is no dismissal in law, so you would not be entitled to any dismissal-based claims against the old or new employer, including for a redundancy payment.

Why can’t I be made redundant if my job with the current employer no longer exists?

Your job still exists, it has simply transferred to the Academy Trust therefore you are not redundant.

  1. Next Steps

What happens next?

A four-week consultation period will run from Monday 20th January 2025 to 3.00pm Friday 14th February 2025, during which time the Governing Body have asked for stakeholder views of which you are an important group. You are encouraged to feed into this process, following consultation the Governing Body will make their final decision about academy status.

Links to other schools forming Achieve Multi-Academy Trust