Schools HR Update

4th February 2015

HR Services for Schools

AGENDA Disqualification ‘by Association’  Teachers Performance Related Pay Progression and

Appeals HR Advisory Team updates

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

Disqualification ‘by Association’ 

February 2015

HR Services for Schools

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

Teachers Performance Related Pay Progression

and Appeals

February 2015

HR Services for Schools

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 Advisory Team update  

February 2015

HR Services for Schools

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

Health and Safety update

February 2015

HR Services for Schools

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 shaunjarvis@southend.gov.uk to obtain an electronic copy

What is a PEEP?

PEEPs

Does your school discuss PEEPs within the written Emergency Evacuation Plans or Fire Safety policy?

Personal Emergency Evacuation Plan Templates can be found at the side of the roomFor electronic version please email shaunjarvis@southend.gov.uk

PEEPs

These should be completed for anyone who requires assistance with any aspect of emergency evacuation.

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 co-ordinated 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

PEEPs

Shared Parental Leave

 February 2015

HR Services for Schools

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 karenmelville@southend.gov.uk

Alternatively further information can be found on www.acas.org.uk

Full briefing will be given in next workshop in May

Pension Auto Enrolment notification

 February 2015

HR Services for Schools

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

Teachers Pension Scheme

 February 2015

HR Services for Schools

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 tpmail@teacherspensions.co.uk 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!

Payroll update

Sick Pay - calculation and entitlement

February 2015

HR Services for Schools

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:

schoolspayroll@southend.gov.ukAND

payrollenquiries@southend.gov.uk

212909AND

212110

Please do ensure all pay change information is with the Payroll team by the cut off date

Future dates

February 2015

HR Services for Schools

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!