Could A TUPE Transfer Occur Before A School Transfers Into A MAT?

We consider the potential TUPE risks for a Multi Academy Trust which takes day to day control of a school before the transfer date.

It is becoming common practice for a Multi Academy Trust (MAT) to assume some control of a school prior to its conversion or transfer to the MAT. A principal and/or other senior leaders employed by the MAT may take on leadership of the school under a secondment agreement, consultancy arrangement or school to school support contract. MAT policies may be adopted by the school well in advance of the transfer date. While the school is still officially under the control of the local authority or its own trust, significant financial, strategic and operational decisions could be made by employees and trustees of the MAT.