Transcript Appeal Committee Training - Southend Learning Network

HR Services for Schools
Schools HR Update
4th February 2015
AGENDA
 Disqualification ‘by Association’
 Teachers Performance Related Pay Progression and
Appeals
 HR Advisory Team updates
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Dignity at work, Grievance Policy – future plan
Employment law update including recent case law and LGA updates
Team Changes
Key dates – ‘Managing Investigations’ training, overview, who should go
Health & Safety update
Shared Parental Leave
Pension Auto Enrolment notification
Teachers Pension Scheme
Payroll update - Sick Pay, calculation and entitlement
Future dates Update Workshop
HR Services for Schools
Disqualification ‘by
Association’
February 2015
Childcare Disqualification
Requirements - Additional advice
 LSCB set out Additional advice on their
Guidance for Schools regarding the
Childcare Disqualification Requirements
in a document of 8th January 2015
 This is the result of clarification from DfE
 This document is posted on the HR
pages of SLN
 You are strongly advised to read it if you
have not already done so
HR Services for Schools
Teachers Performance
Related Pay Progression
and Appeals
February 2015
School Teachers Pay Progression
September 2014 - processes
 By now the decision should have been
given to each teacher and they should
have been given their Teachers Annual
Pay Statement (by 31st October!)
 If dissatisfied they had the right to
appeal to Pay Appeals Committee
 Use of Capability process for those not
progressed?
 Performance Targets for 2014/15 all set?
School Teachers Pay Progression
September 2014 – Pay Appeals
Pay Appeals - how was it for
you?
HR Services for Schools
HR Advisory Team
update
February 2015
Statutory adoption pay and leave
 Children and Families Act 2014 brings statutory
adoption pay into line with statutory maternity pay by
setting it at 90% of average weekly earnings for the
first six weeks
 26 week qualifying period for adoption pay and leave
removed (in line with maternity leave and pay)
 Surrogate parents eligible for adoption leave available to employees who are, or expect to be, the
parents of a child under a parental order, where the
child’s expected week of birth begins on or after 5th
April 2015
 The Paternity and Adoption Leave (Amendment) (No 2)
Regulations 2014 also introduce a new right for
parents who are prospective adopters to take adoption
leave
Parental Leave
 Children and Families Act 2014 - Child’s
age limit for parental leave rises to 18
from 5th April 2015
– Different from shared parental leave,
this is unpaid leave to care for a child
– Parents with sufficient qualifying
service can have up to 18 weeks
unpaid parental leave up to the child’s
18th birthday
Obesity as a Disability
 The European Court of Justice in 2014
confirmed for UK employers that obesity can
constitute a disability
 Obesity unlikely to automatically be
considered a disability in itself
 Morbid obesity may be a disability if the
individual’s weight hinders the full and
effective participation of the person concerned
in professional life on an equal basis with
other workers
 “Associated conditions” may be a disability
 Duty to make reasonable adjustments
Key Case Law (1)
Walker v Sita Information Networking Computing Ltd
 The EAT held that an obese employee who
genuinely suffered from multiple symptoms,
that were not explained by either a
pathological process or any significant
physical changes, was disabled
 Focus is on the effect of the impairment, not its
cause
 An obese employee is more likely to suffer an
impairment which would constitute disability
Key Case Law (2)
Griffiths v Secretary of State for Work and Pensions
(Court of Appeal)
 The Court of Appeal is hearing an appeal
in this case about how employers should
treat absence triggers in an attendance
policy
 The EAT held that an employer’s duty to
make reasonable adjustments for a
disabled person does not include
disregarding the absence triggers in its
attendance policy
Future Plan for the Dignity at Work and
Grievance Policy’s
 We are currently reviewing these Borough policies
with a view to making the processes the same – for
example we are looking at reducing the number of
appeal stages as currently there are four in the
Grievance policy
 We appreciate that there can be confusion over which
policy to use at times
 Within the Borough we will combine the two policies to
provide one clear process in dealing with the matter
that has been raised
 The revised policy will be adapted for Community
schools to use, and for others to adopt if they wish
Internal Workplace Mediation Scheme
 We are now able to offer an Internal Workplace
Mediation Scheme to schools
 Mediation is a confidential and voluntary process
where a third party helps two or more people in
dispute to reach an agreement
 The benefits of using mediation are that it can be
used, where appropriate, instead of going through a
more formal route - which saves time and also
encourages staff to take ownership of the situation and
an agreed resolution
 Managers should still manage their team and any
conflicts that may arise, supporting staff to discuss
their problems and resolve a way forward. If the
conflict still remains afterwards or has increased then
mediation may be appropriate at this time. It will also
support the revised Dignity at Work/Grievance Policy
Advisory Team Changes
 Nikki Anderson is currently on maternity leave after
giving birth to her baby girl (Freya), mother and baby
are doing well
 Melanie Bailey is due to go on maternity leave 26th
February
 This position will be filled temporarily to cover the
maternity leave
Advisory Team
 Liz Farrell is the Advisory Services Team Manager
 HR Advisors are:
– Sue Martin
– Tracy Cline
– Vanessa Norton
– Natalie Valentine
– Claire Sims
 Lorna Becker is the HR Assistant
 All the HR Advisors provide support and guidance for
schools with regards to sickness, dignity at work,
grievance, disciplinary and capability
 Some of you have already met Shaun Jarvis, he is the
Assistant Health & Safety Officer working alongside
Richard Potticary
HR Training - Managing Investigations
 Twilight session - 4th March 3.45 to 6.45 pm OR
 Afternoon session - 12th March 1 to 4 pm
 This course is aimed at the Senior Leadership
Team and any Governors who may be asked to
undertake an investigation and is designed to
give you the necessary tools and confidence
to undertake investigations under the
Disciplinary, Grievance and Dignity at Work
Policies
 Please alert your SLT and relevant Governors
(and consider if this would be of benefit to you)
and book through HR pages of SLN by 23rd Feb
HR Services for Schools
Health and Safety
update
February 2015
H&S Classroom
Checklist
Health and Safety in a school is about taking a
sensible and proportionate approach to ensure
that the premises provide a healthy and safe
place for all who use them.
This checklist will help users quickly identify
any areas of concern or risks to those using
or working in the classroom. Using it is not
mandatory – but doing so will give users and
employers confidence that sensible
precautions are in place.
Who is this checklist
for?
It provides Teaching and Support Staff with a list
of health and safety issues to consider in an
ordinary classroom setting in any school.
How should it be used?
The checklist is designed to save staff time –
simplifying many of the checks and paperwork
approaches that can be seen as ‘red tape’ when
applied to individual classrooms.
This checklist is to complement the steps the
school already takes to manage risks from
topics such as fire, legionella, asbestos etc.
School-wide approaches to assessing and
managing real risks should be in place so they
do not need to be reassessed in an ordinary
classroom.
What doesn’t it cover?
This checklist doesn’t cover drama and sports
facilities or specialist classrooms, including
laboratories, art, IT, design and technology
facilities. In these specific environments, where
more specialist equipment and/or substances
are in use, risk assessment and management
appropriate to the activities should be in place.
You can email [email protected] to
obtain an electronic copy
PEEPs
What is a PEEP?
Does your school discuss PEEPs within the
written Emergency Evacuation Plans or Fire
Safety policy?
PEEPs
Personal Emergency Evacuation Plan
Templates can be found at the side of the
room
For electronic version please email
[email protected]
These should be completed for anyone who
requires assistance with any aspect of
emergency evacuation.
PEEPs
Once developed, the PEEP will describe the pupil’s
intended means of escape in the event of
emergency, including drills.
The PEEP will specify what type of assistance is
agreed and how it is to be maintained to ensure the
pupil’s continued safety and should include
assistance required from the point of raising the
alarm to passing through the final exit of the
building.
PEEPs
Once completed copies of the form will need to be
held in various places. All copies must be the
most-up-to-date version of the plan so a coordinated and organised system is essential.
•Pupils Personal Records
•With the Head (Responsible Person for Fire
Safety)
•By the Class Teacher
•With the Fire Log Book
PEEPs
Looking through the Form
HR Services for Schools
Shared Parental
Leave
February 2015
Shared Parental Leave- Introduction
 New entitlement for employees who are
parents ( Birth or adoption) to take
Shared Parental Leave (SPL) in the first
year of their Childs life or in the first year
after their Childs placement for adoption
 New regulation applies where the
expected week of childbirth or
placement begins on or after 5th April
2015
Current right to leave for parents
 New Maternity rights
– Paid leave to attend antenatal appointments
– 52 weeks maternity leave
– Statutory Maternity Pay (SMP)
 Paternity rights
– 2 weeks paternity leave
– Pay at flat rate (full pay week one, statutory week two)
– Potential additional leave if mother does not use up her
entitlement THIS CEASES
 Adoption leave
– 52 weeks adoption leave
– Statutory adoption pay (SAP)
 Unpaid parental leave
New rights
 Optional
 Will occur when the mother curtails
her entitlement for maternity or
adoption leave
 Remainder of leave can be shared
with the other parent
 Up to 50 weeks SPL and 37 weeks of
shared parental pay can be used
New Regulations – an overview
 Important to separate Shared Parental Leave (SPL)
and Shared Parental Pay (ShPP).
 Employee and their partner must meet the criteria for
SPL
 Employee and their partner must meet the criteria for
ShPP
 Employer relies on employee to provide the
information, however we can ask for a copy of the birth
certificate and the name and address of the partners
employer
 Partner refers to :– The Childs father
– Or the person who at the date of the child's birth is the
Mother’s spouse, civil partner or partner
New Regulations – an overview, slide 1
SPL
 Both parents must agree to the division
of the leave
 Neither can take SPL without the other
signing a consent form
 SPL can be taken at any time but must be
within the period starting on the day the
child is born/placement and ending the
day before the child’s 1st birthday
/anniversary of placement
New Regulations – an overview, slide 2
SPL
 There is only one entitlement to SPL
regardless of the number of children being
born from the pregnancy/ adoption
 Minimum leave to be taken is one week
 Leave can be taken in one continuous period
or several discontinuous periods
 Employees must give notices to inform their
employer of their intention to end their
maternity leave and when they intend to take
SPL
New Regulations – an overview, slide 3
SPL
 Employees must give not less than 8 weeks notice
before the start of the SPL
 Notice must be provided in writing
 Partner must do the same for their employer
 Requests for continuous periods of leave, must be
agreed
 Employer receiving a request for periods of
discontinuous leave, can either agree, propose
alterative or refuse
 If refused the employee is entitled to take the total
amount of leave requested in one continuous period
New Regulations – an overview, slide 4
SPL
 Employees can:– Vary the start and end date of any period of
leave
– Change from discontinuous leave to
continuous leave and visa versa
– Vary the amount of leave requested or
cancel leave
– Provided at least 8 weeks notice is given
– Employee is limited to serving 3 notices
New Regulations – an overview, slide 5
SPL
 Employees entitled to the same T&Cs
 Reasonable contact
 Up to 20 days work each – Shared
Parental leave in Touch (SPLIT)
 Redundancy protection to mirror that of
maternity leave
New Regulations – an overview
ShPP
 Employee and their partner must meet the criteria for ShPP
 The number of weeks of ShPP available to be shared between
parents is 39 weeks less any weeks spent by the mother in receipt
of SMP/SAP/ Maternity Allowance (MA)
 ShPP will end once the total received by both parents (including
weeks of SMP/SAP/MA) reaches 39 weeks
 ShPP must be used before the child’s first birthday/ anniversary
of placement
 ShPP is the lower of:– The prescribed rate ( currently £138.18)
– 90% of the normal weekly earnings of the person claiming ShPP
– Paid by the employer
Shared Parental Leave –
where are we now?
 New policy drafted and will go out to
consultation during February
 Once consultation completed new policy will
be available on SLN
 In the interim if you or your employees have
any questions or concerns please e-mail
[email protected]
 Alternatively further information can be found
on www.acas.org.uk
 Full briefing will be given in next workshop in
May
HR Services for Schools
Pension Auto
Enrolment
notification
February 2015
Pensions Auto Enrolment - Quick
Reminder!
 The change in law meant that every employer must
automatically enrol workers into a workplace pension
scheme if they:
– are aged between 22 and State Pension age
– earn more than £10,000 a year
– work in the UK
This is called ‘automatic enrolment’
 The change was mainly a “communication exercise”
for Local Government as we already enrolled workers
into a pension scheme as part of their T&Cs.
– This is called ‘contractual enrolment’
Pensions Auto Enrolment - Quick
Reminder!
 At the schools staging date we wrote to all employees about the
pension scheme.
 For those not in the pension scheme on the staging date, who met
the eligibility criteria, we informed them that we would defer their
enrolment until Oct 2017. This was know as the transitional
arrangements.
 We continue to monitor employees not in the pension scheme or
part of the transitional arrangements. Those that reached the
trigger for auto enrolment (and how have not opted out since the
staging date) are enrolled into the relevant pension scheme. A
letter is sent to the employee making them aware that they have
been enrolled in the pension as part of pension auto enrolment.
 In addition we also write to ALL NEW employees to make them
aware they have been contractually enrolled.
Pensions Auto Enrolment - a slight
change
 We will continue to monitor existing
employees not in the pension scheme and if
appropriate enrol them in the pension and
write to them
 New starters – as part of issuing the contract
of employment, schools will be responsible for
issuing a standard letter to the employee
informing them they have been contractually
enrolled from 1st March 2015
HR Services for Schools
Teachers Pension
Scheme
February 2015
TPS – Scheme changes
 Scheme changes from April 2015
 Annual Benefit Statements will include
information for each individual teacher (see next
slide)
 The letters will inform them whether the
changes will affect them, explain more about
what the changes mean and offer guidance on
where to find out more
 The changes are complicated and we advise you
to direct teachers to the TPS website if they
have queries
 We’ll pick up the employer’s contributions as we
do now - we’re improving our systems for this
TPS – Annual Benefit Statements
 Annual Benefit Statements will be distributed by
TPS during February and March
 TPS ask that once you’ve received these please
get them to your employees as soon as possible
 Please note that teachers won’t receive a paper
ABS if:
 They’re re-employed
 In their first two years of teaching
 Currently in mixed service
 Please ask these teachers who fall into one of
these groups to contact TPS on 08456 066 166
or email [email protected] if they
and would like more information
TPS – Personal emails
 TPS are saying that when a teacher first joins the
Teachers’ Pension Scheme, they’d like to send them
important information about the Scheme and what their
options are
 TPS’s preferred method of contacting members is via
email, which they say can prove difficult with inaccurate
or missing data
 TPS have asked that when we’re communicating with
new employees it would be helpful if we could inform
them TPS will be contacting them directly and for us to
therefore ask the teacher to tell TPS their personal email
addresses
 We expect that TPS will change their system in future so
we have to ask for the personal email details to be
entered on the PAY form!
HR Services for Schools
Payroll update
Sick Pay - calculation
and entitlement
February 2015
Sick Pay Entitlement - Local Government (1)
N.B. if employee is in a current sickness at their anniversary date,
entitlement does not increase until that sickness has ended
Service
Full Pay
Half Pay
During 1st year of
service
26 days
Nil
But from 5 months
to 1 year
As above
52 days
During 2nd year
52 days
52 days
During 3rd year
104 days
104 days
During 4th & 5th
years
130 days
130 days
after 5 years
156 days
156 days
Sick Pay Entitlement - Local Government (2)
 Sickness for Local Government Staff is calculated on a
rolling year and entitlement depends on length of
service (complete years)
 For each day a member of staff is off sick, a day is
deducted from their entitlement with the exception of
Sundays.
 So if an employee is off sick for a complete week, then 6
days will be deducted from their entitlement regardless
of how many days a week they work.
 It is important to record the dates correctly on the
absence return so that entitlement is deducted correctly
- the absence return should show the 1st day and last
day of their absence.
Sick Pay Entitlement – Teachers (1)
N.B. if employee is in a current sickness at their anniversary date,
entitlement does not increase until that sickness has ended
Service
Full Pay
Half Pay
During 1st year of
service
25 days
Nil
But from 5 months
to 1 year
As above
50 days
During 2nd year
50 days
50 days
3rd year
75 days
75 days
after 3 years
100 days
100 days
Sick Pay Entitlement – Teachers (2)
 Teachers sickness is not calculated on a rolling year,
however any sickness days taken between the current
sickness going back to 1st April will be taken off their
entitlement
 Teachers receive a new entitlement on 1st April each
year unless they are off sick 31st March, then their new
entitlement will not be given until they have returned to
work
 The new entitlement will be given on 1st April, regardless
of the day they started:
For example a teacher starts 1.4.14, on 1.4.15 they have completed
1 year’s service and will receive the appropriate entitlement. (50
days full pay and 50 days half pay). Another teacher starts 31.3.15
and on 1.4.15 they are also deemed to have completed 1 years
service (even though it is only 1 day) and they will also receive the
appropriate entitlement. (50 days full pay and 50 days half pay).
Sick Pay Entitlement – Teachers (3)
 Teacher’s sickness days are deducted ONLY if they are
a school working day.
 Holidays and weekends are NOT deducted from their
entitlement.
 For non pupil days, these are deducted as they are not a
school holiday.
 If a teacher is off sick at the commencement of a school
holiday, they will remain in whatever pay they are in at
the start of the holiday throughout the holiday.
For example, a teacher goes into ½ pay 15th July and
does not return before the Summer break, that teacher
will remain in ½ pay throughout the holiday
Payroll Update
 Payroll contact details:
[email protected]
AND
[email protected]
212909
AND
212110
Please do ensure all pay change information
is with the Payroll team by the cut off date
HR Services for Schools
Future dates
February 2015
HR Update Summer 2015
 Wednesday 13th May 2015, 1pm to 3.30pm,
Tickfield, Darwin Room
BUT do you want the option of attending a
morning or an afternoon session? – we’d
run it twice like Finance do!