Hi. My local authority school is being academized and therefore the new Academy Trust are taking us through the TUPE process. My role, School Business Manager, does not exist in the new staffing structure of the Trust, and therefore they have offered me an alternative role. I asked the question “if I choose not to take the new role, does that mean this is a redundancy situation given that you don’t have SBM’s in your staffing structure?” .
Their reply was – Under TUPE law this isn’t a redundancy situation as we have offered you a role that transfers 60% of your current role.
Can you please advise if this is correct as I cant find that statement anywhere that I am looking and believe it should be a redundancy.
Many thanks,
Sarah.
Thanks so much for your comment. We can certainly advise on your situation. There aren’t hard and fast rules as to the exact % but where all or most of your role transfers, then you would automatically transfer. They say that 60% of your role transfers, so the starting point is that they say that you automatically transfer, albeit not into your same role. From that perspective, they say it isn’t a redundancy because there’s a role there for you.
We can advise you on what you may be able to do in this situation and look into what your options may be once you’re formally onboarded as a client. Do get in touch if you’d like to go ahead and we look forward to helping you.
