Important: Your pension
We have recently been made aware of a communication from United Learning Trust (ULT) regarding a pension offer they intend to make available to teachers working in their academies from 2025.
Currently, all teachers working in United Learning academies are automatically enrolled into the Teachers’ Pension Scheme (TPS), an important part of the professional terms and conditions package that is provided for all teachers working in state-funded schools. However, United Learning is considering offering an inducement for teachers working in its academies to opt out of the TPS voluntarily and enrol in a defined contribution (DC) pension scheme.
NASUWT and other unions have expressed serious concerns about this proposal, while being assured by United Learning that it would be subject to further discussion. It has therefore been of further concern to us that the Trust has written to its teaching staff and initiated contact with the press and media without any such discussion.
NASUWT’s position
The offer being considered by United Learning would constitute a fundamental change to teachers’ pay and rewards.
Enrolment in the TPS is an essential element of a teacher’s pay and reward package.
The TPS is a defined benefit scheme, meaning that teachers can plan for a secure retirement knowing how much they will receive. A DC pension is a ‘retirement savings plan’ - which is dependent on the vagaries of the stock market. It does not guarantee how much a teacher will receive when they retire.
The value of a DC pension can go down as well as up. Unlike a ‘retirement savings plan’, your TPS pension will be paid as long as you live - and it will not be exhausted over time.
United Learning has acknowledged that the TPS ‘offers excellent retirement benefits’ for teachers. As such, it is an important and valuable part of teachers’ pay and conditions of service.
To date, United Learning has not provided any details about the benefits which would be available in their alternative pension offer, when death in service cover, early retirement benefits and ill-health retirement are already guaranteed benefits for teachers in the TPS.
NASUWT believes this represents a very serious development and we are extremely concerned that United Learning has written to its employees proposing to offer higher salary scales to teachers who leave the TPS.
Next steps
NASUWT members will be rightly concerned over United Learning’s plans, and it is important that members take advice before making any decisions about their pension.
The Union has requested an urgent meeting with United Learning. See the joint union letters above to the education secretary and ULT. We will provide further information to members in due course.
In the meantime, if you wish to get in touch with us about this matter, you can contact email [email protected]. Please indicate your name, membership number (if known) and place of work when contacting us.
Details of the latest developments and meetings with the Trust can be found in the latest bulletin on the right/below.
Protection of your pay and conditions under TUPE
Staff who transferred when the school became an academy transferred under TUPE and therefore benefit from the protections of TUPE. One of those protections is that changes to the transferred contract of employment cannot be made. Regulation 4(4) TUPE sets that out - any purported variation to the contract will be void. Therefore, requiring staff that transferred under TUPE to sign new contracts is not permitted.
The protection from TUPE does not apply only to certain terms and conditions. TUPE applies to the whole contract. The employer cannot pick and choose which bits of the contract are protected by TUPE - it is all protected by TUPE and so there should not be any move to introduce new contracts.
Employees therefore have the legal right to transfer to the new employer on their existing terms and conditions of employment and with all their existing employment rights and liabilities intact. Effectively, the new employer steps into the shoes of the old employer and it is as though the employee's contract of employment was always made with the new employer.