1. Policy Summary and Guiding Principles

SCHOOLS

Continuous Service and Academies Policy

Working together to protect Continuous Service related Conditions of Employment for Academy School Staff moving to Leeds local authority employment

Version 2 Originator: Dave Wood, HR Team Updated: June 2009 Page 1 of 4 Approved by Trade Union Colleagues 9th July 2009 1. Policy Summary and Guiding Principles

2. Staff covered by this agreement

3. Main terms of the agreement

3.1 Continuous Service

3.2 Aggregated Service

4. Other terms of agreement subject to appropriate Sponsor agreement

4.1 Working Together to Avoid Compulsory Redundancy

4.2 Trade Union Facilities

Version 2 Originator: Dave Wood, HR Team Updated: June 2009 Page 2 of 4 Approved by Trade Union Colleagues 9th July 2009 Working together to protect Continuous Service related Conditions of Employment for Academy School Staff moving to Leeds local authority employment

1. Policy Summary and Guiding Principles

1.1The context for this agreement is an agenda for structural change which will see the Leeds local authority area move from the current provision, which includes one Academy school, to one which may see a number of new Academies being established in the future.

1.2Both the Local Authority and the unions believe that as far as possible school staff employed in Academies in the Leeds local authority area should be treated no differently than those employed in our other schools.

2. Staff covered by this agreement

Staff employed to work in an Academy are under contract to the governing body of the Academy. The responsibility for establishing their terms and conditions are a matter for the Academy, subject to commitments made in the funding agreement and where appropriate TUPE arrangements and any local or national collective bargaining arrangements entered into with the relevant trade unions.

Some aspects of this agreement deal with staff previously employed in Academies who have been appointed to work in community or foundation schools, including foundation schools with a charitable foundation (trust), in the Leeds local authority area. Other aspects will cover staff employed in Academies where the relevant Academy has agreed to engage positively with the Leeds local authority and school-based trade unions.

3. Main terms of the agreement

3.1 Continuous service:

3.1.1 Entitlements to a range of family friendly and flexible working policies for school staff are accrued through continuous service with a single employer. For this purpose all local authority service counts as service with a single employer. Under this agreement service used to determine entitlements to maternity, parental, paternity and adoption leave and to flexible working patterns will include all continuous service with one or more local authorities and/or Academies.

3.2 Aggregated service:

3.2.1 Entitlements to paid sick leave are accrued through aggregated service with a single employer. For this purpose ‘service’ includes all aggregated service with one or more local education authorities. Under the terms of this agreement service used to determine entitlements to sick leave and pay will include service with one or more local authorities and/or Academies.

Version 2 Originator: Dave Wood, HR Team Updated: June 2009 Page 3 of 4 Approved by Trade Union Colleagues 9th July 2009 4. Other terms of agreement subject to appropriate Sponsor agreement

Education Leeds is able to issue a statement of intent on the following issues to confirm that it will commit to work with Academies in the Leeds local authority area to encourage them to support pre-existing arrangements agreed between Education Leeds, Leeds City Council and the trade unions.

4.1 Working Together to Avoid Compulsory Redundancy.

4.1.1 Education Leeds, Leeds City Council and the trade unions reached a critical collective agreement (Working Together to Avoid Compulsory Redundancy) in 2003 to ensure that robust measures were in place to avoid the compulsory redundancy of staff employed in Leeds schools. It was supplemented by a further agreement between Leeds City Council and four school-based unions (A Continuum of Action) in 2005.

4.1.2 These agreements have been an invaluable tool in managing the impact of budgetary pressures, school closures and mergers and falling rolls in Leeds schools over recent years. School staff transferring to any future Academy under TUPE regulations will continue to be covered by these agreements.

4.1.3 Under the terms of this new agreement Education Leeds will be committed to try and encourage the Academies in the Leeds local authority area to support these agreements and to commit that any staff employed in those Academies in the Leeds local authority area will be protected by the procedures for avoiding compulsory redundancy agreed between Education Leeds, Leeds City Council and the trade unions. Academies in the Leeds local authority area would also be encouraged to commit to engaging with the redeployment process included in these arrangements. As a result of this agreement they will formally be invited to commit to these arrangements and this will be included in the memorandum of understanding developed by Education Leeds and Leeds City Council.

4.2 Trade Union Facilities.

4.2.1 The release of employees, with pay, from their normal duties to carry out local and/or national trade union duties is provided for in a trade union facilities agreement reached between the recognised trade unions and Leeds City Council. This agreement is reviewed from time to time as appropriate. Education Leeds/LCC will invite any Academy sponsor within the local authority area to participate in these arrangements and include, as part of the memorandum of understanding, the expectation that they do so.

4.2.2 The involvement of all Academies in the Leeds local authority area in the facilities agreement will ensure that there is no barrier to staff employed in such schools being duly nominated and serving as trade union representatives within the terms of the agreed local arrangements.

4.2.3 In any case Education Leeds/LCC will recognise fully the right of trade union representatives taking up facilities time provided by the local authority to represent employees of any Academy in the Leeds local authority area whether on casework, negotiation or dispute resolution.

Version 2 Originator: Dave Wood, HR Team Updated: June 2009 Page 4 of 4 Approved by Trade Union Colleagues 9th July 2009