Transcript Appeal Committee Training - Southend Learning Network

HR Services for Schools
Schools HR Update
27th February 2014
AGENDA
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Local Government Pension Scheme 2014
Employee Benefits
Safeguarding - DBS Service availability
Employee Relations Training
Teachers Strike
STPCD 2013 and Model Pay Policy
Payroll update
Electronic Payroll Service
HR updates
Dates for your diary
HR Services for Schools
Changes to the
st
LGPS from 1 April
Karen Melville
February 2014
Overview of the new scheme
 No longer a final salary scheme
 Changes to pensionable pay and
contribution rates
 A new 50/50 option
 Opting out and rejoining
 Retirement benefits
 Protection for pre April 2014
benefits
Career Average scheme
 Still a defined benefit scheme – but
with a important difference in how
the pension is calculated
 Current scheme based on Final
salary (number of years x 1/60th x
final salary)
 New scheme based on a career
average (number of years x 1/49th x
career average pay)
Member Contributions
 Pensionable pay has been redefined and
now includes:– Non contractual overtime (and contractual)
– Additional hours
 Part time employees contribution rates
will now be assessed on actual
pensionable pay rather than full time
equivalent
 Nine levels of contribution bands
50/50 option
 Contribute less and receive less pension
 Members pay half the normal rate of contribution, in
return build up half pension during that period
 However retain full value of other benefits ( for
example, death in service)
 Not elect for 50/50 option before started working
 We must provide the employee with information about
the effect on their benefits
 Employer contributions do not alter
 Not intended to be long term solution, Employer
required to put them back in the main pension section
 If employee has more than one post, they can be in the
main pension scheme for one and the 50/50 option for
another.
Opting out and rejoining
 Less that 3 months, refund and treated
as not having been a member
 More than 3 months but less than 2 years
in the scheme, refund or transfer to
another pension scheme
 After 2 years, deferred benefit, increased
in Line with Consumer Price Index (CPI)
 Free to opt in and out as many times as
they wish
Retirement Benefits
 Normal Pension Age (NPA) now linked to State
Pension age (SPA)
 However people can choose to retire between 55 & 75
 If retire before their NPA pension reduced for early
payment
 If they retire after NPA, pension increased for late
payment
 If employee leaves under grounds of redundancy, aged
55 and over, pension and benefits paid without any
reduction
 Flexible retirement, reduce hours or salary, elect to
receive their benefits if 55, but reduced
 Ill Health retirement
 Lump sum payments – 3 times pensionable pay, but
will now include overtime and additional hours
Protection for Pre April 2014
membership
 All pensions built up before April 14 are
protected
 People with pension or deferred pension –
no change
 When employee retires with pre April 14
membership, that proportion of benefits
calculated separately
 Protection – underpin for employees
within 10 years of NPA on 1st April 2012 if
would have been better off in 2008 scheme
What happens next?
 All staff currently in the pension scheme
will receive a letter from Essex Pensions
 As at 1st April all staff currently in the
pension scheme will be moved to the
new “main” scheme
 Copies of handouts will be available on
the School Learning Network to share
with your staff.
 Ongoing testing for Agresso
HR Services for Schools
Employee Benefits
February 2014
Employee Benefits
Childcare Vouchers
Cycle2work scheme
Wider Wallet
 All part of retendering exercise by local
authorities to get best deal
 Due to be agreed for April but delayed so
current scheme likely to be extended and if
so will advertise next window for
Cycle2work
 Wider Wallet is discount at certain shops etc
and details to go on SLN once finalised
HR Services for Schools
Safeguarding – DBS
Service availability
February 2014
DBS Service Availability in March
 To allow the DBS to develop its services they
need to suspend some of their disclosure
services in order to make changes to their IT
system and infrastructure
 These suspensions are due to take place from
6th to 11th March 2014
 Details are in our Handout or go to
https://www.gov.uk/government/publications/d
bs-disclosure-news-february-2014
HR Services for Schools
Employee Relations
Training
February 2014
What we do
 Provide you with specialist expert HR
advice and guidance around people
related matters that may arise
 Ensure compliance with policies, best
practice and employment law
 Guide you through processes and
procedures and provide template
documents
 Reduce risks….reduce costs….save time
HR & Investigation Officer Role
 A situation may arise, where a senior member of staff or a
Governor needs to be reactive to a people related incident and
undertake a formal investigation into a member of staffs conduct
or behaviour
 These investigations usually involve:
o Questioning potential witnesses, and the employee concerned,
often with their Trade Union present
o Identifying and securing other evidence – documents, photos,
CCTV footage, etc
o Establishing facts and concluding all evidence in a written
report making recommendations to the Headteacher.
o Presenting a case at a formal hearing, appeal, ET
 Your HR provider can and will be there to assist you at each step,
provide expert policy advice and guidance
 Investigations are Important , however can be stressful,
especially if the senior member of staff or a Governor has not
undertaken an investigation before. …..
We can offer…..Investigation Officer Training
 Our Advisory and Consultancy Team of specialist HR staff are
able to provide training for senior members of staff and
Governors on how to conduct a Formal investigation
 The types of investigation can be around disciplinary, dignity at
work, or grievance allegations.
 Advise on the importance of a through and fair investigation
 Educate on “how” to undertake a reasonable and fair
investigation.
 Provide training materials to aid and guide Investigating Officers.
 Determine Roles and Responsibilities during investigations
 Equip investigation officers on how to effectively questions and
probe during investigations.
 Highlight risks, employment law considerations and consistency.
 Guide how to “balance the probability” of allegations and come to
a conclusion and make recommendations.
 Guide through the process of risks at Employment Tribunals
Why Investigate?
 A well planned and executed investigation will help
ensure that a fair procedure is followed in accordance
with SBC Polices and Best Practice and that any
subsequent decision is based on sound evidence
 This reduces the risk to Employment Tribunals, saves
time, avoids any need for re-investigation and ensures
that the principles of natural justice are upheld
including fairness and consistency
 Employment Tribunals would look if the employer had
reasonable grounds, based on reasonable belief after
carrying out a reasonable investigation following a fair
procedure
ACAS Code of Practice
Important to carry out necessary investigation of potential
disciplinary matters without reasonable delay to establish the
facts of the case.
Employer must show it acted reasonably in all circumstances in
dismissing the employee.
Burden is on the employer to show a potentially fair reason for
dismissal.
Repercussions of Poor Investigations
 Breach of Trust and Confidence
 Discrimination Claims
 Stress and Absence
 Employee Engagement
 Constructive Dismissal
 Employment Tribunal
 Time and Costs
Governor Hearings and Appeals
 Where employment matters reach the stage of a formal Hearing
then this will be conducted by the Headteacher (if not previously
involved in the case) or a panel of 3 Governors
 For an Appeal it will be a panel of 3 Governors
 These can cover sickness management, disciplinary, capability,
dignity at work, or grievances
 The Hearing or Appeal has to work within the relevant policy and
come to a reasonable decision - which could end up being
challenged at Employment Tribunal
 Your HR provider will be there to assist you but it can a stressful
experience - especially if the Headteacher or a Governor has not
done this before or recently
 A well executed, fair and thorough investigation will ensure that
all involved are more confident in making their decisions and that
risks at any future employment tribunal are mitigated.
Advisory Services Team
 Dedicated HR Advisors with hands on
experience of advising on the day to day and
people related challenges faced by schools
and academies
 Coach, guide and support Schools through
these sensitive people related issues
 Friendly professional comprehensive service
tailored to Schools with a solutions based
approach.
Any Questions?
Contact your Advisory Services team on :
01702
215819
We will be around during the break to
answer any questions
HR Services for Schools
Teachers Strike
February 2014
Strike Action 26th March 2014
 National dispute over pay, pensions, working
conditions and jobs between NASUWT and
NUT and the Government
 NUT have decided to take further strike action,
NASUWT “not this time”
 NUT members due out on
Wednesday 26th March
 Same advice as before, same request for
information will come out to Headteachers but
we’ll try to do everything by Word Doc and
then email attachment
HR Services for Schools
School Teachers Pay
and Conditions
Document 2013
and Model Pay Policy
February 2014
School Teachers Pay and Conditions
Document 2013
 Reminder that this required no
“automatic” salary progression for
teachers in September 2014
 This applies to all Maintained Schools
(Community, Foundation and VA) and
Academies who use STPCD 2013
 OFSTED may check why teachers have
progressed!
Southend-on-Sea Model Teachers Pay
Policy
 Final Version “1d” on SLN – please
check it’s this version which is being
used
 Reflects the requirements of STPCD 2013
- Pay progression for September 2014
MUST be based on performance
 But...
Teacher Pay Progression – Target setting
and Evidence
 Have SMART targets been set in the
Autumn term for every teacher?
 Has there been an interim review of any
sort of teachers’ progress?
 Whether or not there was an interim
review, does it look like evidence is
going to be available in September?
 If we don't know, can we check now?
Teacher Pay Progression – Appraisal of
Performance
 Have Appraisers been briefed/trained on
their role in appraising and
recommending (or not) pay progression?
 Are there clear systems of recording the
decisions and evidence (not just for pay
decision but for OFSTED!)?
 Is the Headteacher prepared for their role
of checking the appraisal outcome and
making the recommendation to the Pay
Committee?
Teacher Pay Progression – Pay Committee
and Appeals
 Are the Governing Body aware of the
STPCD 2013 requirements?
 Is the Pay Committee established and
prepared?
 Is the Pay Appeals Committee
established and prepared?
 Will records be available for OFSTED?
Teacher Pay Progression – Governor
Training
 National College for Teaching and Leadership
has commissioned training for governors,
including on performance related pay for
teachers: www.education.gov.uk/nationalcollege/
governor-training-workshops
 Our local licensee is the Leading Governance
Partnership (LGP) :
www.leadinggovernance.org/workshops.html
 On the website there are still places for 27th
March 6:00pm AT TICKFIELD BUT THEY MUST
BE BOOKED THROUGH THE LGP website
Teacher Pay Progression – 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 or the processes and
preparation for performance review in
September then we recommend seeking
advice now so that they can be
considered in good time
Teacher Pay Progression
 Any comments or queries please email
[email protected]
 Will look at surveying schools to get a
wider picture
HR Services for Schools
Payroll update
February 2014
April – Increments
 Payroll systems will automatically pay
increments in April unless we tell them not to!
 If you do not wish to have an automatic
increment for staff would you please provide a
list of those not to progress on a spreadsheet
OR
tell Payroll to exclude the whole school and
notify us of those who will progress by PAY 2s
or (on this occasion only) on a spreadsheet – if
any change other than “automatic
progression” increments we need a PAY 2 as
usual
April – deadline
 From April deadline date for payroll
submissions will be 5th of each month so
we are able to submit Real Time
Information returns in time for the
Government
 However the deadline date for April will
be the 4th as the 5th falls on a Saturday
and we have Easter holidays and
incremental progression
HR
Services
for Schools
Human
Resources
Services
Electronic Payroll
Service
February 2014
What is E-Payroll?
 The first stage of E-Payroll uses forms that
can be completed on screen and submitted by
email attachment for several pay notification
processes
 This can be developed to produce other
emailable forms and later into a fully screen
based service
 For now we are looking at producing
o PAY 1,2 and 3 forms
o Additional Hours returns and employed Supply
Teacher returns
as forms that can be completed on screen
Why change?
 At present schools complete PAY forms and Additional
Hours returns by hand and there is always a risk of hand
writing not being read correctly
 Often a school will scan and send a return/form and put
the paper copy in the post, which allows Payroll to start
working on it but the paper versions may have additions
put on them before posting which could be missed
 The school can store forms completed on screen without
the need to scan them
 We are able to update forms without the need to reprint or
the risk of outdated forms still being used
 We can evolve the processes with your feedback
What do the forms/returns look
like?
 The PAY 1, 2 and 3 forms are Excel but
look as near as possible to the paper
version – including the different colours
 We have, however, updated them
 The Additional Hours/employed Supply
Teacher returns are an Excel form
How will the system work?
 The PAY forms and Additional Hours return will be
completed in the school office as now by the
designated person(s), but on screen
 They will email attach the particular form or return to
the Headteacher or the person who has been
delegated by the school to authorise such
forms/returns
 The Headteacher or delegated person will
consider/check them and then forward them as an
email attachment to the Schools Payroll inbox
 If possible an electronic signature should be added
before they are sent, but the Council’s audit team have
confirmed that if the email is from the Headteacher or
delegated person’s email account it can be considered
authorised
What does the school have to do?
 We would ask that you:
o consider who will complete the form/return on screen
within the school
o consider whether only the Headteacher will authorise
the form/return by forwarding it to the Schools Payroll
inbox or whether other senior staff will also be able to
authorise
o consider how to ensure no one else can forward
forms/returns from the Headteacher’s or “the person
who has been delegated’s” email account
o ensure that the Headteacher and/or the person who has
been delegated is aware of the need for the forms to be
received BEFORE PAYROLL DEADLINE
o send Schools Payroll the details of the email account(s)
which will be the only ones to be accepted as
authorisation
When will this happen?
 Our plan is:
PAY 1, 2
and 3 forms
Additional
hours
return
FINALISE
PILOT
GENERAL
USE
APRIL
MAY
JUNE
done
APRIL
MAY
Support and Assistance
 We think that these changes will be of real
benefit to schools in avoiding errors
 We are all becoming attuned to screen based
systems and many people will be able to
complete forms and returns quicker using a
keyboard
 We do want to offer support and assistance,
however, for those of us who are less confident
of such systems
 We will produce guidance and, if requested,
visit schools to explain the processes
HR Services for Schools
Human Resources
updates
February 2014
Secondments – the principles
 Where a member of staff is to be
seconded to another school or
organisation they will continue to be
accountable to you for their employment
and you will continue to have
responsibilities for them
 Before anything else, gain their clear and
honest agreement to the arrangements
Secondments – the practicalities
 It is usually easier, in employment terms, for the employee to
continue to be paid by you, with the costs being recovered from the
other school or organisation (include on-costs and travel etc)
 You should have a written agreement with the other school or
organisation regarding the arrangements to include:
 Timescale & Notice arrangements for the secondment to
finish
 Reporting/performance review arrangements
 What will happen on return (usually old job & terms &
conditions)
 Any temporary changes in pay or conditions
 What they will be doing (in general terms)
 H&S
 The employee should have a letter mirroring that agreement setting
out for them how the secondment will affect them
 Beware there being no job to return to – who will pay redundancy
and any strain on the fund? If it is possible then set that out in the
agreement!
Redundancy payments
 Community Schools:
o 1.5 times the statutory redundancy entitlement @ actual pay
 Foundation and Voluntary Aided Schools and
Academies can decide:
o 1.5 times the statutory redundancy @ actual pay(the same as
our Community Schools) OR
o statutory redundancy entitlement i.e. a maximum of 30 weeks
@ actual pay for eligible employees OR
o statutory redundancy entitlement i.e. a maximum of 30 weeks @
up to statutory maximum weekly amount (currently £450) OR
o another provision as decided by the Governing Body which
complies with Age Discrimination Legislation
TUPE 2014
 Changes to the Transfer of Undertakings
(Protection of Employment) Regulations 2006
(TUPE)
 Service Provision Change Transfers – unlikely
to affect public sector
 Restrictions on changing terms & conditions
(t&c) won’t apply if economic, technical or
organisational reason – watch for caselaw!
 Collective agreement t&c won’t apply after 1
year – but still need to agree changes!
 t&c “frozen at transfer”
 Pre-transfer consultation allowed
News in Brief
 Right to request Flexible Working by all
employees with 26 weeks service now put
back to 30 June 2014
 E- cigarettes – smoking policy being
revised
 School Teachers Pay and Conditions 2014
– Review Body recommending more
flexibility for Leadership Pay and for
differentials for TLRs, but retaining TLRs,
Safeguarding and 195wd/1265whr/PPA/
rarely cover, but with removal of admin
tasks list
Southend Learning Network
 HR Interactive List – positive feedback from
users but do remember it’s interactive! You can
print it off, but using on screen pulls up the
relevant document
 SLN team remind schools of Jane Theadom’s
newsletter which also has good feedback
 SLN team available to support and train –
Alison Gellett
215085
Adam Casey
212959
Lindsey Hamilton
212360
HR Services for Schools
Dates for your diary
February 2014
HR Briefings spring/summer 2014
 HR Services Update
Wednesday 21st May, 1pm to 3.30pm, Tickfield, Darwin
Room
Termly information session on HR, Payroll and Health
and Safety developments - For all schools
 Payroll and Maternity Workshop
Wednesday 30th April, 1pm to 3.30pm, Tickfield,
Johnson Room
Workshop on Payroll processes, Maternity Leave and
Maternity Pay - For all payroll customer schools
AND IF INTEREST FROM SCHOOLS  Pension Workshop
March, Tickfield
Workshop on changes to LGPS - For all schools