Schools HR Update 8 th October 2014

1. HR Services for Schools Schools HR Update 8th October 2014

2. AGENDA • HR update • ACAS and Early Conciliation • School Teachers Pay and Conditions Document 2014 and Pay Policy • Teachers Pay Progression September 2014 • Non Teaching Staff Strike 14th October 2014 • Employee Relations Update, Policies and Law • Twilight Training • H&S update • Payroll update • National Minimum Wage and SCP 5 • Interrogates & Pension statement calculations • Teachers Pension Scheme 2015 • National Fraud Initiative • Contacting Payroll • HR health check

3. HR Services for Schools Human Resources updates October 2014

4. ACAS Early Conciliation – a reminder • Now a Legal requirement for claimant to have made a Early Conciliation notification to ACAS before can go to ET • We can tell ACAS now who the contact person for the school is (HR can collate a list) or they will phone whoever the claimant puts as their employer – most likely to be the school! • If we don't tell them, Line Manager may be first contact • Ensure those individuals understand importance of that initial contact - take as seriously as a formal legal communication and should not attempt to resolve themselves • Alert HR Provider immediately and pass on to details of the dispute to individual who would manage any subsequent ET claim

5. School Teachers Pay and Conditions Document 2014 and Pay Policy • STPCD continues pay increases related to performance • STPCD does not change Safeguarding (pay and TLR protection) but no guarantee of grade if go to new school • Pay Policy sets out pay scales and applies 1% increase – mostly using DfE ‘reference points’ • Issue of STPCD additional payments to HTs

6. School Teachers Pay Progression September 2014 - background • STPCD says no “automatic” salary progression for teachers in September 2014 • This applies to all Maintained Schools (Community, Foundation and VA) and Academies who use STPCD • OFSTED may check why teachers have progressed!

7. School Teachers Pay Progression September 2014 - process • Performance Management Appraisals should have/be taking place • Headteacher recommends progression/not progress to Pay Committee • Decision given to teacher (Teachers Annual Pay Statement) by 31st October • Right of appeal to Pay Appeals Committee

8. School Teachers Pay Progression September 2014 – other issues • Notification to Payroll! • Use of Capability process for those not progressed? • Support/development plans for those not progressed • New SMART targets for 2014/15 • Lessons learnt? – targets, appraisers skills/confidence, moderation/fairness, SLT & Govs skills/confidence

9. School Teachers Pay Progression September 2014 – HR Support for Pay Appeals • Pay Appeal Committees should be able to call upon their HR provider to support them at pay appeals • If your school has concerns about appeals then we recommend seeking advice now

10. Non-teaching staff Strike Action 14th October 2014 • UNISON, GMB & UNITE National dispute over Local Government pay award offer 14/15 • Request for information to send to DfE on expected/actual numbers going out on strike sent out in letter from Simon Leftley • Now informed DfE do not, on this occasion, want that information! • PLEASE DON’T FILL IN THE PRO FORMAS!!! • Please do send in the Payroll pro formas by 1st NOVEMBER

11. Employee Relations Update, Policies and Law • Caselaw Be careful in what you offer/contract! LGA reports that in Hershaw and others v Sheffield City Council the EAT held that a letter from an HR consultant setting out the result of a pay and grading appeal which incorrectly told the employees they would be placed on a higher grade than was actually decided was capable of having contractual effect, as the HR consultant had ostensible, if not formal, authority to communicate the result Each case is different but it is important to check what is offered /set out in writing OR verbally as this may result in it being contractual

12. Employee Relations Update, Policies and Law • Policies • put onto SLN • Teachers Pay Policy 2014 • Flexible Working • going onto SLN • Pensions (LGPS) • Criminal Records Checks • in consultation • Retirement • in preparation • Shared Parental Leave • Non-teaching Appraisal

13. Employee Relations Update, Policies and Law • Legal Timetable • From 1 Oct 2014 • Prospective fathers and the partners of mothers to be will be able to take time off to attend two ante-natal appointments • Employees dismissed for reasons connected with membership of a reserve force will not need two years’ service to claim unfair dismissal • From Late 2014 • Introduction of the DWP Health and Work Service aimed at providing all employers, employees and GPs with occupational health guidance to help employees stay in or to return to work

14. Twilight Training • Improving the understanding and skills of Senior Management Teams, Headteachers and Governing Bodies – HR can offer Twilight/Evening Sessions at a school or for a number of schools • Investigation Training – a proper investigation for Disciplinary, Capability or Grievance is essential. Are those staff and Governors who would conduct an investigation confident to do so? • Hearing and Appeal Training – Headteacher and Appeal Panel Governors. Apart from employee relations cases, are Governors who would conduct a Pay Appeal confident to do so? • Policy Training – for SLT/Office Managers/Bursars

15. HR Advisory Services • Advisory Services • Team Manager is Liz Farrell with Nikki Anderson as Senior HR Officer • Nikki will shortly be going on Maternity Leave so if she is your named officer ten please call Claire Sims (215509) instead whilst Nikki is off

16. HR Services for Schools Health and Safety update October 2014

17. HSE EDUCATION NEWS As the new school year begins, the HSE is reminding school leaders to strike the right balance in their approach to health and safety risks If you believe some of the stories you hear, health and safety is all about stopping any activity that might possibly lead to harm. Whilst children need to be kept safe, they also should be able to learn through experience and play conkers without wearing goggles!

18. ‘Elf and Safety’ • Examples of the cases HSE’s Mythbusters Challenge panel has ruled on: • Primary school not allowed ladders The Myth Primary school not allowed ladders due to health and safety. Therefore staff use chairs to reach up when 'working at heights'. Panel decision There is nothing in health and safety law that prevents primary schools from using step ladders in classrooms

19. -Hot drinks not allowed on school trips The Myth Enquirer's daughter took a hot drink in a flask on a school trip. Following the trip the enquirer was told that the school has a no hot drink policy 'due to Health and Safety'. Panel decision Health and safety legislation does not prevent children from having hot food or drink in their packed lunches, for consumption in school or on school trips.

20. -School bans children from wearing frilly socks The Myth It was reported that a school banned children from wearing frilly socks for health and safety reasons. Panel decision There is nothing in health and safety law which stipulates how long or short frills on school girls' socks should be. Schools are free to set their own uniform policies but these decisions shouldn't hide behind spurious references to health and safety law.

21. School fines Some examples of fines imposed on schools for breaching health and safety legislation- -A college was ordered to pay a total of £175,000 in fines and costs after the death of a 3 year old girl in their nursery care. -A College was fined £100,000 after an employee was exposed to high levels of silica dust as he worked to preserve the sandstone building.

22. Sensible Health and Safety management in schools So in summary, a sensible approach to health and safety in schools means to ‘strike the right balance’ , so that the real risks are managed and learning opportunities are experienced to the full. Sensible health and safety management should be straightforward, it's just part of good school leadership.

23. Sensible controls for Asbestos in Schools Asbestos was extensively used as a building material in the UK from the 1950s through to the mid-1980s. System buildings constructed during the period 1945 -1980 were widely used for the construction of school premises.  These buildings can have structural columns fire proofed with asbestos containing materials (ACMs). HSE has undertaken sample inspections in the education sector to assess duty holder's compliance with the Control of Asbestos Regulations.

24. HR Services for Schools Payroll update October 2014

25. National Minimum Wage and SCP 5 • From 1 October 2014 the national minimum wage hourly rates took effect as follows: • adult rate for those aged 21 or over increased from £6.31 to £6.50 • aged 18 or more but under 21 increased from £5.03 to £5.13 • 16 and 17 year olds, increased from £3.72 to £3.79 • Apprentices, it increased from £2.68 to £2.73 IF YOU HAVE STAFF NOT ON A SCP WHO WILL OTHERWISE BE BELOW THE NMW PLEASE SUBMIT A PAY 2 TO INCREASE THEM • This means SCP 5 had to be increased to £12,540 pawe will do this automatically

26. Interrogates • These reports are very important for schools and for Payroll as they allow a check that what has been paid is correct and avoid ongoing under or overpayments if errors are picked up • Please therefore send back a signed copy of the report by 31st OCTOBEREVEN IF THERE ARE NO CORRECTIONS NEEDED so that only current data is being used • Any interrogates received after this date, cannot be actioned, and pay forms will be needed • We apologise having to do this, but we need to make sure that only current data is being changed and we are sure that you will understand that we need to make sure changes with peoples pay are accurate

27. Pension statement calculations • We have had a number of queries regarding pension statements for Local Government staff. The query is usually regarding the hours as it does not always correspond with the hours they actually work. The way pensions come to these hours are as follows: Actual hours X actual weeks / 52.1429 = hours

28. HR Services for Schools Teachers Pension Scheme 2015 October 2014

29. Teachers Pension Scheme 2015 • The TPS will change from April 2015 to introduce a career average calculation and flexibilities • Posters have been posted on SLN for schools to display and/or distribute to teachers • All teachers should be encouraged to go to www.teacherspensions.co.uk/keepinformed

30. National Fraud Initiative • Individual staff in schools must be given the notification from payroll that we are complying with the National Fraud Initiative – this includes all those off sick, on maternity leave or otherwise absent • This is because their payroll information will be provided to the Audit Commission for the purposes of preventing and detecting fraud • If the notification has not been given to all employees then please ensure that it is so that we can all meet our legal obligations

31. Contacting Payroll • Payroll Services receive a large volume of information from schools and we are always looking at how we can best receive this to avoid risk of it being missed or changes duplicated • To help with this would schools please: • Send initial emails to schoolspayroll@southend.gov.uk rather than individual members of the team • Avoid sending information in more than once or, if doing so, ‘cross reference’ to show that clearly

32. HR Services for Schools Human Resources Health check October 2014

33. HR Updates 2014/2015 • Wednesday 4th February 2015, 1pm to 3.30pm, Tickfield, Darwin Room • Wednesday 13th May 2015, 1pm to 3.30pm, Tickfield, Darwin Room