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TUPE transfer for classroom assistant?

stator
Posts: 7,441 Forumite


This isn't for me but a family member.
If you work as a classroom assistant for one special needs child in a state school and the child leaves that school to attend another, could you claim a TUPE transfer applies and you should automatically get the job at the new school? Contract with current employer allows for termination if the child leaves that school.
Any case history anyone knows about?
If you work as a classroom assistant for one special needs child in a state school and the child leaves that school to attend another, could you claim a TUPE transfer applies and you should automatically get the job at the new school? Contract with current employer allows for termination if the child leaves that school.
Any case history anyone knows about?
Changing the world, one sarcastic comment at a time.
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TUPE transfer doesn't apply. The contract is to work for the school to provide a service for a specified situation (a child's attendance). That service isn't being transferred - a child is not a service. TUPE would cover schools merging, or transferring governing authorities - but there is no change to the service the school is providing. It is providing education (one hopes), and will continue to do so in exactly the same way and with exactly the same employment. The presence of a specific child using that service is not the cause for the provision of education and doesn't change the employment terms. You would, if you have two years or more employment, be entitled to redundancy.0
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Ok, I don't really understand how it's different to a solicitor transferring firms because their client has changed firms....Changing the world, one sarcastic comment at a time.0
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Ok, I don't really understand how it's different to a solicitor transferring firms because their client has changed firms....
Is this a genuine situation ??
In my line of work I often use marketing agencies - if I change the agency I use I don't expect the Account Handler/designers to move to the new agency ?0 -
Is this a genuine situation ??
In my line of work I often use marketing agencies - if I change the agency I use I don't expect the Account Handler/designers to move to the new agency ?Changing the world, one sarcastic comment at a time.0 -
In my local authority, teaching assistant posts to support specific children are advertised as fixed term, ending when the child leaves or if funding ceases. If the child transfers to a different school, provision may remain the same but equally, it could change. The new school can choose to advertise for a TA to work 1:1 if this is the requirement, or they might employ somebody internally. There is no guarantee that the previous TA will be employed by the new school, or even be interviewed. Instead, their contract will end as specified.
A common reason for changing schools is, of course, for a child to attend a special school. In this case, TAs are not employed as 1:1 for specific children. They might work as 1:1, but usually for short spells and with different children throughout the week.0 -
Ok, I don't really understand how it's different to a solicitor transferring firms because their client has changed firms....
It isn't any different - because that also would not be a TUPE transfer. If a client decides to change firms then they decide to do that - they enter into a new contract with that firm. The former solicitor doesn't come with the contract, unless the firm deliberately poach them, and they don't get their continuous employment preserved.0 -
It isn't any different - because that also would not be a TUPE transfer. If a client decides to change firms then they decide to do that - they enter into a new contract with that firm. The former solicitor doesn't come with the contract, unless the firm deliberately poach them, and they don't get their continuous employment preserved.
http://www.lawgazette.co.uk/news/law-firm-staff-win-landmark-tupe-claim/49916.fullarticle
The question really is who the client is.Changing the world, one sarcastic comment at a time.0 -
There are many cases where service provision employees were found to be TUPE transfered when the client changed the provider of the services. Just one of them
http://www.lawgazette.co.uk/news/law-firm-staff-win-landmark-tupe-claim/49916.fullarticle
The question really is who the client is.
Unless employed by and paid by the students parents, the client is the school.0 -
There are many cases where service provision employees were found to be TUPE transfered when the client changed the provider of the services. Just one of them
http://www.lawgazette.co.uk/news/law-firm-staff-win-landmark-tupe-claim/49916.fullarticle
The question really is who the client is.
No - this is a minority, and the reason is because it is an entirely different situation. This is legal contracting, only undertaken by large factory fed legal units. They bid for contracts, and as a result may lose those contracts to someone else. This is not a normal client relationship. If you go to a solicitor to represent you in your case against the school for TUPE, and you decide that the service you are getting is not good enough and go to another solicitor instead, the old solicitor does not come with you! The circumstances in the case you quote are hugely different . The school did not bid for the child, they did not lose the contract for the child. And there is no question at all about who the employer is - it is the school. There is no "client relationship" - the child is not a client. Of you or the school.0 -
If you go to a solicitor to represent you in your case against the school for TUPE, and you decide that the service you are getting is not good enough and go to another solicitor instead, the old solicitor does not come with you!Changing the world, one sarcastic comment at a time.0
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