Schools Update and Workshop

11th October 2013

HR Services for Schools

AGENDA Insurance Services Whistle Blowing, Fraud and Money Laundering Safeguarding - DBS and Borough update Maternity Leave – employees going on maternity Pensions Auto Enrolment Teachers Strike STPCD 2013 and Model Pay Policy Payroll update Employee Benefits – Credit Union, Cycle to Work Health and Safety update HR updates

Insurance for SchoolsOctober 2013 – Kathy Slowther

Lord Justice Jackson and the New Civil Procedure Rules

What these changes mean for you and your Governors

Schools Insurance arrangements – Health care provisions

Schools renewal forms

New contact details for Insurance team

Risk Management – latest news

Fraud & Corruption, Whistleblowing & Money

Laundering

Linda Everard, Head of Internal Audit

October 2013

What you need to do, as required by the Scheme for Financing Schools, to adopt and implement the new:

– Anti Fraud & Corruption Policy and Strategy

– Whistleblowing Policy

– Anti Money Laundering Policy and Strategy (including how you identify money laundering in your school)

Purpose of the session

Covers fraud, corruption, bribery, theft and financial irregularities

Stance needs to be ZERO TOLERANCE

By anyone internal or external to the school

The culture and tone of the school is key to preventing and detecting it – (i.e. living the ten general principles of public

life)

Anti Fraud & Corruption (AF&C)

AF&C Good Governance

Governing Bodies:– Adopt the policy

– Get periodic reports on its implementation and the management of fraud risks

School Senior Management Teams– Ensure procedures, policies and codes are fit for purpose

and staff are trained to use them

– Take concerns seriously and investigate properly invoking internal disciplinary action if appropriate

– Participate in any counter fraud initiatives relating to schools

AF&C Roles and Responsibilities

Everyone:

– Act with integrity

– Understand the school’s fraud risks

– Comply with the school’s procedures and processes

– Declare any potential conflicts of interest

– Do not accept gifts or hospitality or record them

– HIGHLIGHT ANY CONCERNS

AF&C Roles and Responsibilities

Report your suspicions or potential concerns to the Council’s Counter Fraud Team:

– On 01702 215254

– via counterfraud@southend.gov.uk

– via the Confidential Report Line on 01702 215215

– via the above under the provisions of the Whistleblowing Policy

– in exceptional circumstances, to the Council’s Chief Executive or Chair of the Audit Committee via 01702 215101

AF&C Report it

Fraud costs each adult in the UK £760 pa

Every public £ lost to fraud, corruption, bribery, financial irregularity or error reduces the money available to provide essential services for the local community

At a time of financial restraint, this puts the most vulnerable in our society at even greater risk

Let Us Fight Fraud Together!

Why is this important?

Covers any serious concern about:– an aspect of service provision or – the conduct of officers, governors or others (i.e.

contractors) acting on the school’s behalf

Applies to employees, workers or contractors

Makes clear harassment or victimisation people raising such concerns won’t be tolerated and is a disciplinary offence

Whistleblowing(WB)

Headteacher is responsible for:

– operating this policy

– maintaining a log of and investigating all concerns raised

– notifying the Governing Body of allegations received

– notifying the Council’s Head of Internal Audit regarding any financial issues raised

WB Roles and Responsibilities

Concerns should be reported to the:– Headteacher or

– school's Chair of Governors

They should be raised in writing, clearly marked “WHISTLEBLOWING” and placed in an envelope marked “STAFF IN CONFIDENCE".

The background and history of the concern (giving names, dates, and place where possible), and the reasons for the concern should be set out.

WB Report it

Is the process by which the proceeds of crime, and their true ownership, are changed so that they appear to come from a legitimate source

Schools and individuals must try to prevent and report attempts to ‘launder’ money

Serious criminal sanctions may be imposed for breaches of the money laundering legislation

Overall the risk of it happening is low – so don’t panic!

Money Laundering (ML)

Indications of suspicious activity are:

– any unusually large cash and/or payments via electronic means made by a person in a single transaction or over a short period of time

– any overpayment or duplicate payment in cash and/or via electronic means where a refund is requested by cheque

– if a third party is involved in any transaction e.g. someone paying cash and/or via electronic means to settle someone else's bill

– cash and/or electronic transfers are used to purchase land, buildings or other assets

ML Identifying it

Schools are obliged to:– identify the potential areas where it may occur

– issue a staff briefing note on the risks and actions they should take if they suspect money laundering and train them accordingly

– nominate a MONEY LAUNDERING REPORTING OFFICER (MLRO)

Don’t investigate it – tell the MLRO ASAP Don’t ‘tip off’ the person you suspect

ML Report it

The Money Laundering Reporting Officer (MLRO) is the Council’s Fraud Manager

Contact via:– Counter Fraud Team on 01702 215254– E-mail: counterfraud@southend.gov.uk

The MLRO will notify:– relevant people at the school and Council– the Serious Organised Crime Agency

ML Report it

Could you name three things that your school does that could be subject to fraud?

How well do staff comply with your policies and procedures, particularly financial ones?

Would people at your school be comfortable to report any sort of concerns? If not, why not?

What can you do to make them feel more comfortable reporting concerns?

How are you going to roll this out in your school?

Questions for you

We need to empower honest people to:

– ask the right questions at the right time

– report their concerns to the right people.

Any Questions?

Thought for the day!

Linda Everard Head of Internal Audit & Counter Fraud Southend Borough Council

Tel: 01702 534015

Mobile: 07827 348375

E-mail: lindaeverard@southend.gov.ukuk

Contact details

Safeguarding - DBS and Borough update

October 2013

HR Services for Schools

DBS Online Update Service Enables employers to check the DBS status of

registered individuals If individuals wish to register, they need to do

so within 14 days of the date of issue of their DBS Certificate and pay an annual fee of £13

The responsibility for paying the annual fee rests with the individual

We suggest that schools not insist that staff subscribe to this updating service or reimburse staff that do

To check you ask for the person for their DBS Certificate and permission

Using the DBS Online Update Service If the person is registered, after viewing the original

DBS Certificate, with the individual’s permission go to:

www.gov.uk/dbs-update-service

Enter your: organisation name, forename, surname

Enter: the DBS Certificate number, current surname of the holder (as specified on their Certificate), date of birth of the holder (as recorded on the Certificate)

The result will be returned instantly

The individual will be able to see who has carried out a Status Check and when it was carried out

Oct 2013 Guide v3.7 available at www.gov.uk/dbs

Maternity Leave – employees going on

maternityOctober 2013

HR Services for Schools

Maternity Notification and First Actions Schools Maternity Policy is available on SLN and we

will be adding our model letters for schools to use

As soon as the employee notifies the school they are pregnant please inform Payroll in writing with the expected due date (can be email)

School writes to employee to acknowledge notification and enclose Maternity Policy and Information Pack

School undertake Health and Safety Risk Assessment (form HSMS 30 on SLN) AND periodically review, making employee aware that they have a responsibility to alert their manager if they think their needs and/or the risks have changed

School allow reasonable time off for appointments

MAT B1 and Next Actions

Employee issued with MAT B1 at about 24 weeks – School to encourage them to complete Maternity Pay Provision Form (Appendix 1 of Maternity Policy) and, if applicable, Local Government Pension Scheme

Declaration (Appendix 2 of Maternity Policy), and submit them all to the school as soon as possible

After noting employee’s option from Maternity Pay Provision Form, School to send employee relevant letter regarding confirming their maternity leave and entitlements (consult Maternity Policy)

School to forward information to Payroll as soon as possible and no later than 28 days before the commencement of Maternity leave

Commencing Maternity Leave Advise Payroll of any changes to the paperwork

already submitted (i.e. if the baby is born early or there is a change to their start of maternity leave date) to avoid overpayments and undue stress for employee

Employee may not commence maternity leave earlier than 11 weeks before ‘expected week of childbirth’ (EWC), but can work up until the date of birth without losing out on any entitlement to SMP payments or suffering any reduction in payments

Maternity leave will start on whichever date is the earlier of:

o the employee’s chosen start date;o the day after the employee gives birth; oro the day after any day on which the employee is absent for a

pregnancy-related reason in the four weeks before the expected week of childbirth

During Maternity Leave

Up to 10 Keep in Touch occasions (KIT)

A KIT does not have to be a whole or “normal working” day

Pay for a KIT will not be “for a normal day” and will be paid the following month

School should keep employee updated on school matters and developments – balance of informing but not being intrusive!

If employee wants to return before the one year is up then they must give the School 28 days notice, but the school may wish to contact at about 39 weeks to see if the employee wishes to say when they plan to return – but no requirement on employee to say and school must be careful not to pressure

Pension Auto Enrolment

October 2013 - update

Karen Melville

Group HR Manager

Human Resources ServicesHR Services for Schools

How are we doing?......

Staging Date for those who share our PAYE was the 1st May 2013

Monthly monitoring now underway – letters sent to employees and e-mails to schools to keep them informed

Any questions or concerns – please let Karen know

Not implemented yet................... Schools going Live 2014 contact Karen 6 months prior to go live

date as we will need to understand your proposed implementation approach

Free support for those that buy our HR service, includes advice and guidance in terms or your implementation approach and template letters

As part of the Payroll Service we can run test reports to help you understand financial implications of the proposed changes

After your implementation date, we can provide payroll reports to assist with end of month monitoring. For those that buy our HR service, we can also prepare and send the letters to staff

Any questions or concerns, please contact Karen

Any Questions or Feedback

Karen Melville

01702 534615

karenmelville@southend.gov.uk

Teachers StrikeOctober 2013

HR Services for Schools

Strike Action 1st October 2013 National dispute over pay, pensions, working

conditions and jobs - NASUWT and NUT followed up from “action short of strike action” and national strike likely this term

Advice issued to all Heads by Director for People on steps to take: o ascertain likely impacto risk assessment o consider whether school can remain open for pupils o if not likely, consult CoG & discuss with Jane Theadomo information to parents o advise staff of implications for themo Provide data to the Local Authority

Strike Action 1st October 2013 - Notification

Information needed by Ed Spacey for DfE – proforma 2 attached to letter/on SLN in Word

If not sent in, please do so straight away edwardspacey@southend.gov.uk

Payroll advice proforma attached to letter/on SLN in Word may be sent as an email attachment to schoolspayroll@southend.gov.uk

Please ensure a signed paper copy ALSO returned to payroll by 5th November 2013 in order for deduction to be made from November salary

School Teachers Pay and Conditions

Document 2013

and Model Pay PolicyOctober 2013

HR Services for Schools

School Teachers Pay and Conditions Document 2013

Final Version issued “at the last moment”

Mostly as expected

Please note from 1st September 2013:o there are no ASTso the £250 UQT payment ceasesoTLR 3s for part timers NOT pro rata

School Teachers Pay and Conditions Document 2013

For all Maintained Schools (Community, Foundation and VA) there are rules about what Additional Payments may be paid to Classroom Teachers

Payments cannot be made outside of these rules

Details are set out in the Handout “Advice Note: Additional Payments to Classroom Teachers, October 2013”

Southend-on-Sea Model Teachers Pay Policy

Final Version “1d” on SLN – please check it’s this version which is being used

Pay rates all set out in tables at the back of the Policy

Pay progression for September 2013 on previous basis

Pay progression for September 2014 MUST be based on performance - so have targets been set and is evidence going to be available?

Southend-on-Sea Model Teachers Pay Policy – UPPER RANGE

 

UPPER Pay SCALE for Teachers 2012

UPPER Pay RANGE for Teachers 2013

Point and salary Point and salary with pay award of September 2013

appliedUPS1£34,181

Minimum (UPR 1)£34,523UPR 2£35,163

UPS 2£35,447

UPR 3£35,802UPR 4£36,462

UPS3 £36,756

Maximum (UPR 5) £37,124

Southend-on-Sea Model Teachers Pay Policy – UPPER RANGE

Upper Range has 5 points so progress possible every year (old UPS had 3 with progress every 2 years)

This means that teachers on UPS 1 in August 2013 could progress in September 2013, if successful in application to progress, even if only one year on UPS 1

The same applies to teachers on UPS 2 in August 2013

 

 

Academic year 2011/12

Academic year 2012/13

Under previous provisions in Sept 2013

Under new provisions in Sept 2013

Main Scale 6

UPS1(equivalent of new upper range 1)

Would not have progressed for a year and then, if successful in application, progress to old UPS 2 (equivalent of new upper range 3)

Upper Range 2if successful in application to progress

UPS1 UPS1(equivalent of new upper range 1)

If successful in application, progress to old UPS 2 (equivalent of new upper range 3)

Upper Range 3if successful in application to progress

UPS1 UPS2(equivalent of new upper range 3)

Would not have progressed for a year and then, if successful in application, progress to old UPS 3 (equivalent of new upper range 5)

Upper Range 4if successful in application to progress

UPS2 UPS2(equivalent of new upper range 3)

If successful in application, progress to old UPS 3 (equivalent of new upper range 5)

Upper Range 5if successful in application to progress

Payroll update

October 2013

HR Services for Schools

Apprentices Apprentices in Community Schools must

obe on an official Scheme with a college obe paid the National Apprenticeship rateohave a contract which is standard Single Status

“except pay and hours” (available on SLN)

OR be paid the Job Evaluation rate for the job and have a standard Single Status contract

Other schools should be careful of equal pay issues

All Apprentices are employees and subject to Tax, NI and Pension like anyone else!

Teachers Salary Award 2013 Teachers pay rise has been processed, TLR’s

and SEN have been increased and the £250 UQT payment ceased

Please note that we have not increased any pensionable allowances by the 1%, should  you wish them to be increased then we need a Pay 2 form for each teacher

We would ask that you check the details on the interrogate and let us know of any discrepancies/ changes that need to be addressed

Non – Teaching Staff Salary Award 2013 and term time calculation

Non - teaching NJC pay rise has been processed and back pay paid

Please note that, under the NJC provisions, Spinal Column Point 4 is obsolete from 1.10.13 and any staff on this payscale will automatically move to SCP 5 with an increment to SCP 6 on 1.4.14

Details of the calculation of Non - teaching staff “term time” are set out in the Handout “Advice Note: Community School Single Status “term time”, public holiday, annual leave and “extra statutory days” calculation for Non-teaching staff, October 2013”

National Minimum Wage and Apprenticeship Rate

For all schools from 1st October 2013 the national hourly rate for apprentices increases from £2.65 to £2.68

For all non- Community Schools* the national minimum wage hourly rates (if paying less than NJC rates) from 1st October 2013 are: o adult rate for those aged 21 or over increases from £6.19 to

£6.31o for those aged 18 or more but under 21 it increases from

£4.98 to £5.03o for 16 and 17 year olds, it increases from £3.68 to £3.72

*Community Schools pay more than national minimum wage because of Single Status agreement and NJC rates

Payroll Dates

Payroll deadline for November is the 7th

Payroll deadline for December is Monday 2nd

Please could we ask you to ensure that all paperwork is with us by these dates, we are unable to guarantee anything to be processed that is received after these dates and any payments that may be due, will not be able to be made until the following month.

Payday for December is Friday 20th

Payroll Tips of the Term! Please remember to destroy any stocks of P46s and

instead download the “Starter Checklist” from the HRMC website at: www.hmrc.gov.uk/working/forms/paye-forms.htm#6

Please advise Payroll of any long term sickness staff that return to work the day they return as this will affect their pay

It is important that we are advised of any changes to the paperwork already submitted to Payroll showing a maternity leave date (i.e. if the baby is born early or there is a change to their start of maternity leave date) to avoid overpayments and undue stress for the mum to be.

Employee BenefitsOctober 2013

HR Services for Schools

Essex Savers net Credit Union Ltd(1)

From August staff were able join Essex Savers net Credit Union Ltd, a financial co-operative that is owned and controlled by its members with the aim of helping members save and borrow money

Initial set up fee of £5 but thereafter staff can pay in as much as they wish each month direct from their salary

Essex Savers net Credit Union Ltd(2)

Essex Savers is covered by the Financial Services Compensation Scheme and therefore promoted as a safe place to save

More information:

info@essexsavers.co.uk

www.essexsavers.co.uk

Cycle2work scheme

Working in partnership with Halfords, this scheme allows employees to lease a new bike and, providing the main use of the bike is for commuting to work, they will incur no tax or National Insurance on the benefit

The next period will be November 2013 and details will be sent out

Health and Safety update

October 2013

HR Services for Schools

General Health and Safety Update

DfE have produced model policy which we will use to review Borough Model “overarching” School Policy

We want to review H&S training including the use of e-learning and possibly providing training on school sites as well as using Tickfield – comments and suggestions welcome

Human Resources updates

October 2013

HR Services for Schools

Employment Caselaw - Selection for Redundancy

LGA report that in Mental Health Care (UK) Ltd v (1) Biluan (2) Makati the EAT held that dismissals following a redundancy exercise were unfair, principally because employees had been assessed on the basis of competency assessment exercises used for recruitment and no account had been taken of their past performance.

“...this case does not mean the end to competency assessments in redundancy exercises, although extra thought will need to be given as to whether the proposed assessment method is the right one for the exercise in question, and how the information it generates could be supplemented, and moderated, as appropriate.”

The Model Redundancy Policy does not rely on competency assessment exercises used for recruitment

Employment Caselaw - covert video surveillance

LGA report that in City and County of Swansea v Gayle the EAT held that the employer’s use of to establish whether an employee was playing squash when he should have been at work was legitimate.

There were arguments as to whether the Council had acted within the Information Commissioner’s Employment Practices Data Protection Code (the Code), which deals with duties under the Data Protection Act 1998.

“Although in its decision the tribunal stressed that compliance with the Code was not the central issue in this case, that does not mean the Code should not be considered by employers considering covert surveillance, as it provides useful guidance on the law in this area.”

Before using any covert monitoring (whether set up for the purpose of checking staff or set up for other reasons but capturing evidence), the provisions of the Code and of the Regulation of Investigatory Powers Act 2000 (RIPA) should be checked

TUPE

LGA report that the Government has responded to its consultation on changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)

The draft regulations which will implement the changes will be published in December 2013, and press reports indicate they will be brought into force in January 2014, although this has not been formally confirmed.

Third Party Harassment – Repeal of Equality Act 2010 Employee Liability

The provisions in the Equality Act 2010, which provide that an employer can be liable for the harassment of one of its employees by a third party if it fails to take reasonably practicable steps to prevent it, are repealed from 1st October 2013

LGA comment that, “despite the repeal, authorities will of course wish to continue to ensure that its employees are protected so far as reasonably practicable from such behaviour. It is also worth bearing in mind that the removal of this specific statutory provision does not mean that employers will be free from any claims against them for harassment by third parties.”

Dates for your diary

October 2013

HR Services for Schools

HR Briefings 2013/14 Fraud Awareness

2nd December 2013

2pm to 3.30pm, Tickfield, Darwin Room

Audit and HR briefing – do you look after your cash, assets and financial systems appropriately? What do you do if you suspect there may be a problem?

Important for all schools

Community Schools Single Status Briefing15th January 2014

1pm to 3.00pm, Tickfield, Seacole Room

Important Payroll and HR information session on the pay, allowances and job evaluation requirements of this legally biding agreement

Essential for Community Schools but other schools may attend if interested

HR Services Updates27th February 2014 AND

21st May 2014

Both 1pm to 3.30pm, Tickfield, Darwin Room

Termly information session on HR, Payroll and Health and Safety developments

For all schools