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Schools HR Update 4 th February 2015 HR Services for Schools.
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Transcript of Schools HR Update 4 th February 2015 HR Services for Schools.
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 [email protected] 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 [email protected]
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 [email protected]
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 [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!
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:
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!