The formal staff TUPE consultation and stakeholder consultation has not yet begun. Details will be published here once they are available. It is anticipated this will take place between December 2012 and February 2013.
Information about staff TUPE* consultation
It will be Devon County Council’s responsibility to conduct the TUPE information and consultation process. In some cases the local authority may ask the PRU’s management committee (as part of the local authority) to conduct the consultation on its behalf.
There is an obligation on the Academy Trust to write to Devon County Council to inform it of any “measures” which the Trust envisages taking in relation to staff once the transfer has taken place. This information should be provided as soon as possible once the Trust has had the opportunity to consider what measures it envisages taking. “Measures” is a very broad term which encompasses any action, step or arrangement taken in connection with the transfer which affects staff or their working conditions.
*TUPE is the Transfer of Undertakings (Protection of Employment) Regulations. If a business, part of a business or service provider changes from one owner to another, an employee’s contract and terms and conditions of service could be protected under, ‘TUPE’.
Information about public consultation
As with all academy conversions, there is a legal obligation under section 5 of the Academies Act 2010 for the management committees to consult with interested parties (e.g. students, parents and the local community/stakeholders) on whether the PRU should become an AP Academy.
The consultation process can start at any time but it must be completed before the Funding Agreement is signed with the Secretary of State. PRUs are free to choose how they wish to consult, with whom and for how long, however the DPLS will ensure a consistent approach is adopted across the service.