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Transfer Of Control For After School Club


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Hi, I realise i am talking about an after school club and not an early years setting but i wonder if anybody is able to help me.

 

I am due to take over the running of an after school club as an outisde provider. Our development worker has told us that between the school and myself we have to arrnage a transfer of control- which is fine. The problem being that we have been told because there are exisitng staff i have to honour whats in the staffs current contracts.

 

As an individual that will be impossible pensions, sick pay etc

 

The staff have said that they would be happy to sign a clause stating that they are happy to sign a new contract from me, but obviously they want to see my contract before they sign it.

 

So my question is -if they are not happy to sign my contract i don't see how i can possibly take this on.....??

 

Any suggestions/thoughts/experiences would be gratefully received :o

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Yep, the school is right abut you having to honour existing contracts - the TUPE regulations - transfer of undertakings and protection of employment regulations or something like that! I'm not sure about what happens if the staff are willing to transfer to new contracts - you definitely need to get legal advice.

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You'll need to read the TUPE regulations carefully. I think I'm right in saying that you have to take on employees with their existing terms and conditions as attached to their contracts. ACAS can help out with advice about how you go about changing the terms and conditions of their contracts thereafter, I think.

 

If you do a google search on TUPE you can download them and check to be sure.

 

Maz

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I would think the big problem would be pension - could you talk to your local authority HR to find out exactly what their existing benefits are and then legal advice to see what you have to maintain. Could be tricky. Where is your funding coming from and is it set at a level which could sustain existing staff benefits? Good luck

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