Academies, as independent schools, are not bound by the School Teachers’ Pay and Conditions of Service Document or by guidance on support staff pay and conditions issued by the National Joint Council, but can negotiate their own pay and conditions arrangements with staff.
Where academies replace existing schools there will in many cases be a transfer of undertakings under the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE). In such cases, staff of the closing school have the right to transfer to the academy on their existing terms and conditions, as set out in the Teachers’ Pay and Conditions document.
Academies need to respond innovatively to the huge challenges they face. The ability to negotiate their own pay and conditions to meet the particular needs of the academy, its staff and students, is part of the increased flexibility they need to meet these challenges.