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As stated above, local authorities are encouraged to consult employees and union
representatives throughout the conversion process. However, the legal obligation to
consult under TUPE only arises where the current employer (and not the Academy Trust)
envisages taking "measures" in relation to affected employees in connection with the
transfer.
For most PRUs converting to become AP Academies it is envisaged that the staffing
structure and terms and conditions of employment will remain unchanged, at least
initially. Any changes must be subject to consultation with unions and affected staff and
implemented in accordance with employment law.
It is also necessary to carry out a due diligence exercise for all transferring staff, to verify
information on contracts, terms and conditions, pension deficits etc. Particular care will
be needed in respect of staff who are not based exclusively at the PRU and staff on
fixed-term contracts.
Commercial Transfer Agreement
This document should be discussed and agreed with the Academy Trust and, where
appropriate, the local authority before the Academy opens. It is designed to ensure that
all information on the staff who are transferring to the academy is recorded and
transferred to the Academy Trust, so that the appropriate arrangements for payment of
salaries, pension contributions, etc. can be made. It also includes details of any assets
or contracts that will transfer to the Academy Trust and of those that will not. A model
agreement is available on the DfE Academies website. While it is not necessary for the
Commercial Transfer Agreement to be signed prior to the Funding Agreement, it is
desirable, and we expect it to be in place before conversion takes place. The finalised
commercial transfer document needs to be sent to the DfE project lead.
Criminal Records Bureau checks
The Independent School Standards place a statutory duty on Academies to ensure that
all members of staff have received an enhanced CRB check prior to the confirmation of
their appointment or as soon as practically possible thereafter, and that this check
confirms their suitability to work with children. New disclosures should be sought unless
the member of staff has worked in a relevant educational setting within the previous 3
months. Checks must also be undertaken on the Chair of the Board of
Governors/Directors of the Academy Trust and all Governors/Directors, but if they have
already had a CRB check carried out by the local authority there is no requirement for a
further check to be undertaken. It is important to note, where a check on the Chair of the
Governing Body is required, it must be sought through the Department and
countersigned by the Secretary of State. Details of the procedure for CRB checks to be
countersigned by the Secretary of State are on the Academies website.
Finance-related appointments
PRUs wishing to convert must appoint an Accounting Officer who must be the Principal of
the AP Academy. The Board of Governors/Directors of the Academy Trust must also
appoint a Responsible Officer to monitor and check the academy’s financial
management. The Department expects the Academy will appoint its Responsible Officer
during its first term of operation. Alternatively, the governors may consider the provision
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