Academy Schools FAQs
Answers to some of the questions we’re asked most often about
academy schools.
What freedoms do academies have?
Within certain boundaries, academies can set their own
educational curriculum. They can also set the length of the school
day and the length and timing of the school term. Importantly, they
are free to set staff pay and conditions for teachers and other
employees, though there are some restrictions to employment terms
for staff who transferred from the school on conversion to an
academy.
What are the implications of becoming an academy as an
employer?
On becoming an academy, responsibility for teaching and support
staff will pass from the local authority to the academy.
Academies will therefore need appropriate employment procedures
in place, including disciplinary, grievance and whistleblowing
procedures. They may also need access to professional advice on
employment matters when necessary.
What responsibility does an academy have for its
staff?
The academy’s responsibility will be the same as it is for any
other employer – and as it was for the local authority before
conversion to an academy. Therefore an academy must carry out all
the obligations which other employers would have. This covers a
wide area of responsibility including employee welfare, health and
safety, having procedures in place to deal with illness,
grievances, discipline and the payment of salaries.
Will the local authority still provide some
services?
That’s entirely up to each local authority and academy school.
Some local authorities may be happy to continue to provide an HR
service, for example, on a commercial basis. It’s up to the academy
to decide whether this is the service they want or whether private
sector organisations are better placed to provide the service they
need.
What terms and conditions of employment apply to
existing staff?
Staff who were previously employed at a school and who become
employees of the academy after conversion will continue to enjoy
most of their previous terms and conditions of employment. The
Transfer of Undertakings (Protection of Employment) Regulations
(TUPE), protects employees’ existing rights. So for these people,
the academy will have to honour their current employment terms and
conditions.
What about new staff?
New staff joining an academy are not bound by the employment
conditions that apply to former local authority employees.
Academies are free to negotiate new terms of employment for newly
recruited staff.
Academies will want to recruit and retain staff appropriately to
make a success of the school. Previous government guidance about
avoiding a ‘two-tier workforce’ no longer applies, so Academies
will have a good degree of flexibility about the terms and
conditions they offer to new staff.