SCHOOLS SERVICE LEVEL AGREEMENT Human Resources and Payroll Services

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1 SCHOOLS SERVICE LEVEL AGREEMENT Human Resources and Payroll Services Expert and professional HR advice Highly trained staff experienced in supporting schools with wide-ranging people management issues Direct line to a dedicated named contact A detailed local knowledge of schools and their catchment areas New In House HR administration and Payroll Service

2 HR SOLUTIONS HR Intranet with detailed policy and procedural guidance Regular Employment Briefings Detailed knowledge of national and local conditions of service - School Teachers Pay and Conditions, Burgundy Book and National Joint Council Direct access to Legal and other advisory services Up to date knowledge on the latest employment legislation changes through briefings and training workshops for head teachers and governors School audits and training support on safer recruitment (including Ofsted preparation) Attendance at meetings outside normal working hours HR advice on statutory requirements HR attendance and advice at hearings HR support with issues of pay and grading What the Service provides in detail.. Our experienced team provides a comprehensive range of advice and guidance to support and help manage employees in schools. You will receive direct advice from a named HR professional dedicated to your school; this can be by telephone, , or face to face meetings at Riverside or at your school site. You will also have access to model policies and procedures, guidance, briefings and templates along with training on specific issues. In particular, Headteachers will be able to obtain support on the following areas: Complex Casework Disciplinary (including safeguarding issues) Grievance Managing Performance (Capability) The Schools HR Service has extensive experience in dealing with difficult and complex cases, including those involving safeguarding issues. We provide written policies and guidance and importantly your designated HR contact will provide you with support and advice throughout the process including investigations and presenting cases to hearings as appropriate. We are proud that we have very few cases that go to tribunal. In the rare event a school is facing an employment tribunal we will give full support in preparing the case including the support of a Council Solicitor. We have full access to advice from Legal Services. Ill Health Issues We understand that absence and other ill health issues need to be dealt with in a sensitive and consistent manner but in doing so we are mindful of how the absence of colleagues can have an impact on pupil progress and increase pressure on colleagues. Potential problems should be dealt with at an early stage to help to reduce any longer term impact. Our Schools HR Service is able to offer a comprehensive case management service to help you in dealing with both short term and long term ill health absences. We will liaise with our occupational health service on your behalf and assist and advise you throughout, including the provision of advice on reasonable adjustments in line with the Equality Act, ill health retirement or assistance with governor hearings where necessary. Pay, Conditions and Grading Advice Teachers pay and conditions is a complex and specialised area and our team has the knowledge and expertise to advise on all aspects of the School Teachers Pay and Conditions Document and Burgundy Book including pay, performance management, workforce reform, complex contractual issues and sickness entitlement. We have access to Local Government Employers (LGE) and South West Council to ensure that our advice is timely and consistent with national and regional guidance which helps to protect you from tribunal claims and union action. We also advise on national and local conditions of service for support staff. You will have access to our job evaluation scheme providing necessary safeguards and a robust defence against potential equal pay claims under the Equality Act The Schools HR Team can provide detailed advice and guidance in drawing up support staff job descriptions and person specifications. We support you in managing allegations that may have safeguarding implications and have direct access to the Local Authority Designated Officer for Safeguarding

3 What the Service provides cont d.. Schools HR model policies and procedures You will have access to a wide range of HR Policies, Procedures and Guidance all of which have been consulted on with our recognised unions and professional associations on your behalf. We ensure that they are compliant with the latest changes in employment legislation and that they meet your needs. Through regular briefing notes and the School s HR Intranet, we ensure that you are alerted to important advice, guidance and any changes that affect staffing in your school. We also provide workshops and other briefings to keep you informed. Managing change, restructures and redundancy programmes We have extensive expertise and experience in supporting schools through the complexities of organisational change. This includes re-organisations and budget led staffing reductions. We have comprehensive policies, guidance and procedures that are thoroughly tested. Through our experience in the consultation process we have, over the years, developed good working relationships with all our support staff unions and recognised professional teacher associations which is helpful in such a sensitive area. Where you become involved in transferring staff either internally or externally we can provide specialist advice on Transfer of Undertakings (TUPE) and protection arrangements in respect of pensions. Why should you choose our team for your HR Consultancy Support? You will have a direct line to a named Senior HR Consultant with specialist schools knowledge and who will be responsible for supporting you whenever you need it. The team work closely with each other and there is always someone who will be able to help you Our schools team is based locally and has local knowledge of Bath and North East Somerset schools and their catchments Your Consultant will take the time to understand the context in which your school works in order to help you find the right solution to your query We are available for meetings outside the normal school day as we understand that head teachers and governors cannot always be available during the day. Our service is fully integrated with other services including Safeguarding, School Improvement, Finance, Governor Training and Legal. In community schools the Authority is the employer and has statutory responsibilities in regard to staffing. The School HR team ensures a joined up approach which combines the employer s statutory obligations and sound personnel advice and guidance. Our flexible service can provide both a tailored approach for individual schools and at the same time work with clusters of schools who wish to work in collaboration We are motivated by the crucial importance of high quality educational provision for the pupils in our area and hope to make a contribution to this through our support for head teachers in their demanding and often complex role. Local Team with local knowledge of schools and their catchment areas

4 Human Resource Service Service Level Agreement for Schools Purpose of this Service Level Agreement The purpose of this service level agreement (SLA) is to define the rights and responsibilities of both the school and the Council in respect of provision of an HR service. The SLA sets out, in particular, the details of the service that will be provided, its cost, performance standards, who will provide it and how it will be monitored. It also details any responsibilities that must be met by the school to enable the service to be provided. Period covered by this Agreement This agreement will remain in force for two years from 1 st April 2013 to 31 March 2015 If either party does not wish the service to continue to the end of this agreement at least 6 months written notice must be given. Any notice to terminate the Agreement must result from a formal resolution of the governing body and must be sent to the Human Resources Manager. - See also conditions applying to schools opting out of HR Administration and Payroll Services package particularly in regard to pensions administration Charges The charges to schools will be in accordance with the level of service that is purchased. Payment is to be made annually in October for each academic year during the two year period and an invoice will be issued accordingly. Schools will receive a separate invoice for any additional services that are purchased. Payment is to be made within 30 days of the invoice date. Service Delivery and Standards The Human Resource Service is committed to providing high quality responsive and proactive support and advice to schools on people management issues. Schools purchasing Service Levels 1 or 2 will have access to professionally qualified, competent, trained and experienced staff with expertise in human resource management. The service will ensure that: 1. Except in exceptional circumstances HR staff will be contactable between the hours of:- i. Monday to Thursday 8.30 am 5pm ii. Friday 8.30 am 4.30 pm iii. (Except Bank Holidays and Christmas Closure) 2. Schools enquiries will be dealt with in accordance with the standards as set out below: 3. All telephone enquiries from the school to be directed to a nominated contact. 4. Correspondence will be acknowledged within 5 working days. A full response will be provided within 15 working days. 5. All enquiries directed to the nominated contact will be acknowledged and where possible answered within 5 working days of receipt. Responses to s requiring further investigation will be provided within 15 working days unless otherwise notified.

5 The school s commitment to the service provider To enable the HR function to provide an efficient, effective and responsive service, the school undertakes to advise the HR Service, at the earliest possible stage, of issues and potential difficulties The HR function reserves the right to make additional charges to schools in the event that these commitments are not met and this causes additional work. Every effort will be made to meet requests for an HR Officer to attend or provide information for appropriate meetings arranged by a school, and schools are asked to give appropriate notice and check availability when arranging meetings. It is also important that the HR Service is advised of any issues, changes or problems which may affect the HR Service provision directly or indirectly, as soon as they are known. HR Consultancy Service Specification Service provision has been divided into two levels of work:- Level 1 Information only Level 2 HR Consultancy Please note to purchase the full HR service, schools should select Level 2. Specification: Level 1 Information Only Service Provision of the Personnel Procedures and Guidelines for Schools. The personnel manual incorporates all model policies, premature retirement and redundancy arrangements and details on salary and conditions of service together with model lettersand guidelines for Headteachers and Governors. Updates on relevant employment law changes, new personnel guidelines, model policies and information to support HR administration Job Evaluation and grading advice in respect of support staff Method of Delivery Accessed via intranet together with Resource Library Via information briefing notes (supplied at least quarterly) Arrange for the evaluation of support staff job descriptions in accordance with the Council's Job Evaluation Process to enable the Council to discharge its responsibilties as an Employer under equal pay legislation Please note:- The Information Only package offers model policies and advice which have been through trade union consultation thereby saving schools the need to individually consult on such matters. Level 2 Human Resources Consultancy In addition to the information and advice provided at Level 1, this service provides schools with a comprehensive advisory service including direct support on more complex issues such as redundancy/disciplinary handling and/or receipt of Employment Tribunal claims.

6 Level 2 Human Resources Consultancy Note: Purchasing Level 2 of the SLA also includes Level 1 Information only Service ADVICE AND SUPPORT Provide advice and support in response to day to day queries and issues concerning specific employment policies and procedures, as well as national and local conditions of service provisions EMPLOYEE RELATIONS Keep schools informed about employment legislation changes, LA policy and procedure development, and best practice in terms of a wide range of issues requiring consultation or negotiation with employees and/or trade union representatives. Assist schools to achieve good employee relations via the recognised trade unions service provisions CONDITIONS OF SERVICE Provide advice and guidance on complex queries relating to pay and conditions of service Method of Delivery Provision of general advice will be provided by telephone or by a nominated contact. Written responses to enquiries or, where appropriate, visits to school to discuss complex Human Resource problems We will publicise relevant information concerning legislative or policy changes via the Council s School s intranet site, , letter or briefing notes. COMPLEX CASE WORK Professional support and advice in respect of Discipline and Grievance issues; Absence and Long Term Ill Health; Managing Performance; Safeguarding and Child Protection Supporting investigations into allegations or complaints Access to expert legal advice in cases of litigation (Employment Tribunals) MANAGING CHANGE Professional support and advice in respect of Redundancy, Re-organisations, TUPE and staffing implications when becoming an Academy At each stage the school will have the dedicated support of a Senior HR Consultant, including investigations, hearings and appeals. The school will receive comprehensive guidance on the preparation and presentation of cases to formal hearings. A Senior HR Consultant will attend governor and headteacher meetings to provide procedural advice and guidance in relation to process. TERMINATION OF EMPLOYMENT Provide advice and guidance on the legislative and contractual requirements relating to termination of employment e.g. ill health, resignations, capability, redundancy Conditions applying to Maintained schools choosing not to purchase Level 1 Information only or Level 2 Human Resources Consultancy Schools that choose to make their own arrangements for personnel services must ensure that the Council has access to certain information in relation to the external provider in order that the Council can discharge its legal responsibilities. The following information must therefore be provided. The name of the external provider Contact details Proof of public liability insurance Evidence of the school s up to date single central record

7 Maintained schools, not purchasing Level 2 Human Resources Consultancy, are required to make adequate alternative arrangements to ensure they are sufficiently briefed on their employer responsibilities and the employment law framework with which they must work. In particular maintained schools must ensure the requirements of equal pay legislation are complied with. As a result maintained schools must consult the LA about issues of pay and grading which fall outside of the recommended grading structure and advice provided by the LA. Failure to consult with the LA or adhere to advice provided following consultation may put the LA, as employer, at risk of a potential employment tribunal claim. In these situations the LA will not support the school and any employment tribunal claims and associated costs incurred by the employer will be recovered from the school. The Authority also has statutory representation rights at any proceedings relating to the selection or dismissal of any teacher (including the head teacher and deputy). Schools who do not buy Level 2 of the SLA are required to notify Human Resources of any circumstances that could potentially result in dismissal as the Local Authority will need to give a view on whether any proposed termination of employment or dismissal puts the Authority at risk. The Local Authority is a joint respondent in Employment Tribunals. Schools opting out of our service will be charged a fixed rate to cover the costs of the statutory duties of the Council relating to the above. This will be reviewed on an annual basis. 300 annual charge per school 50 per hour for HR advice (including working with any other provider and attendance at panel hearings etc). Services provided free of charge All schools:- Advice in relation to LA policy on grading and conditions for support staff. Briefing and training sessions on new statutory requirements, as appropriate. Undertaking LA level consultation with trade union representatives of teaching and support staff in schools. Details of the LA scheme of early retirement and severance benefits and criteria applied by the LA. To include a determination as to whether or not those criteria are met. Community and VC schools only:- Attendance and advice at hearings where dismissal is being considered as a potential outcome. Advice on statutory requirements in relation to redundancy. Written notice of dismissal on grounds of redundancy for staff. Additional services Additional services are also available on an individual priced consultancy basis e.g. one off occupational health referrals, training/briefing sessions for Headteachers, Governors and Secretaries. Occupational Health For those schools purchasing Level 2 Personnel Consultancy referrals to occupational health and subsequent advice are included in the standard price. However a separate charge may be made for any additional services provided by Occupational Health such charges for obtaining specialist s/gp reports. A full list of additional services is available from the HR Service.

8 Service Pricing The cost of the Service Level 1 - Information Only package has been divided by the total number of schools to arrive at a fixed price per phase which is the same for every school. The cost of the Service Level 2 Human Resources Consultancy package has, within each phase, been proportioned to schools using the following charging model:- Base charge per school, plus Per employee charge based on number of contracts For schools purchasing the Human Resources Consultancy package, we reserve the right to make additional charges in the following circumstances:- Where a school is subject to closure or amalgamation Casework that becomes protracted and requires significant HR/Legal involvement or other expertise (i.e. a case requiring significant support of an HR representative for more than two consecutive weeks) If the number of schools signed up to the current agreement declines Monitoring responsibility of the HR Service The HR Service assists the Governing Body to discharge its statutory responsibilities in the area of employment law. The work of the HR Service discharges the statutory responsibilities of the Strategic Director of People and Communities and Head of Human Resources regarding monitoring standards of employment practices and industrial relations in schools. Where significant problems are identified which have employment law implications, the HR Service will seek to address the issues with the Headteacher and Governors of the school. In the event of any serious difficulty or failure to address such problems, the HR Service has a duty to inform senior officers and elected members as appropriate. Jayne Fitton Human Resources Manager

9 HR Administration and Payroll The current HR administration and payroll service will transfer back into the Council with effect from 1 st April 2013 and work is currently underway to ensure a smooth transition and improved services for schools. A number of changes have already taken place including automation of starter and other administration processes, together with dedicated team members for schools. We have approximately 6,000 employees on the payroll, over 3,000 of which are school based employees who may be on full-time, fractional and fixed term contracts. We have extensive experience of dealing with pay, pensions, contracts and pre-employment and vetting checks for teaching and support staff. In addition schools can access a variety of on line support materials. What we provide for you.. Automated data input setting up, amending and terminating employee records, SSP, SMP, SPP payments; timesheets etc. Processing running of monthly payroll to calculate gross pay, deductions and net pay Third party payments payment of statutory and voluntary deductions to appropriate bodies External Agencies liaison with HM Revenue and Customs and DWP Reporting production of reports to assist you in managing your workforce Year end routines production of P14s, P60s and P35s; electronic year end filing, reconciliation of year-end tax returns Output production of payslips, production of BACs payments, P45s Recruitment administration and contracts of employment Payroll queries and the provision of HR administration and payroll advice to school leaders and managers Ensuring that the Local Authority meets all statutory obligations in respect of Employer Status for the Local Government Pension Scheme and Teachers Pensions. This applies to all employment changes, pensions remunerations and payments actioned on behalf of all schools with the exception of Academies. As the service provider we will.. Provide responsive and effective advice, guidance and support Ensure all our guidance and on line systems are refreshed on a continuous basis to ensure they reflect current legislation Consider your specific needs when dealing with queries Ensure that statutory and contractual responsibilities are met by working with you Regularly seek your feedback and suggestions for service improvement (including focus groups and on site visits on request)

10 HR Administration and Payroll Service Level Agreement Purpose of this Service Level Agreement The purpose of this service level agreement (SLA) is to define the rights and responsibilities of both the school and the Council in respect of the provision of an HR administration and payroll service. The SLA sets out, in particular, the details of the service that will be provided, its cost, performance standards, who will provide it and how it will be monitored. It also details any responsibilities that must be met by the school to enable the service to be provided. Period covered by this Agreement This agreement will remain in force for two years from 1 st April 2013 to 31 March If either party does not wish the service to continue to the end of this agreement at least 6 months written notice must be given. Any notice to terminate the Agreement must result from a formal resolution of the governing body and must be sent to the Business Partner for Children Services. Charges The charges to schools will be in accordance with the level of service that is purchased. Payment is to be made annually in October for each academic year during the two year period and an invoice will be issued accordingly. Schools will receive a separate invoice for any additional services that are purchased. Payment is to be made within 30 days of the invoice date. Service Delivery and Standards The current HR administration and payroll service will transfer back into the Council with effect from 1 st April 2013 and work is currently underway to ensure a smooth transition and improved services for schools. A number of changes have already taken place including automation of starter and other administration processes, together with dedicated team members for schools. This service includes an HR administration service for starters, leavers and staffing variations to include pre-employment checks, contracts of employment, a recruitment administration service, and a payroll service. HR Administration and Payroll Services will ensure that: 1. Except in exceptional circumstances the office will be open between the hours of:- i. Monday to Thursday 8.30 am 5pm ii. Friday 8.30 am 4.30 pm iii. (Except Bank Holidays and Christmas Closure) 2. Schools enquiries will be dealt with in accordance with the Service Standards as set out below: 3. All telephone enquiries from the school to be directed to a nominated contact where 80% of all calls will be answered within 6 rings. 4. Correspondence will be acknowledged within 5 working days. A full response will be provided within 15 working days. 5. All enquiries directed to the nominated contact will be acknowledged and where possible answered within 5 working days of receipt. Responses to requiring further investigation will be provided within 15 working days unless otherwise notified. 6. Letters of appointment, change of post or termination of employment for school staff will be issued within 30 working days of receipt of full and accurate notification from schools. Please note this

11 standard can only be maintained if schools provide complete and accurate information with their original notifications. Failure to do so is liable to cause serious delays in the processing of notifications. 7. Salary payments for school staff on initial staff appointment or on contractual adjustment will be actioned by reference to the next normal pay date for the relevant staff, provided that notification is received within the agreed published deadlines. The school s commitment to the service provider To enable the Service to provide an efficient, effective and responsive service, the school undertakes to advise the HR Service, at the earliest possible stage, of issues and potential difficulties The HR function reserves the right to make additional charges to schools in the event that these commitments are not met and this causes additional work. All data for input on the payroll system must be received by the agreed published deadlines. It is critical that schools ensure that the information is complete and accurate and submitted by deadlines. If as a customer you are unable to meet your obligations, you should contact the HR Service as a matter of urgency to determine whether any alternative arrangements can be made It is also important that the HR Service is advised of any issues, changes or problems which may affect the HR administration and payroll service directly or indirectly, as soon as they are known. Service Pricing The cost of the HR Administration and Payroll package has, within each phase, been proportioned to schools using the following charging model:- Base charge per school, plus Per employee charge based on contract numbers For schools purchasing the package, we reserve the right to make additional charges in the following circumstances:- Where a school is subject to closure or amalgamation Where there are significant increases in the volume of work required to be undertaken If the number of schools signed up to the current Service Level Agreement declines Service Details HR administration service for starters, leavers and variations to terms and conditions. provided through an identified HR Assistant providing:- This service is A telephone advice service covering rates of pay, conditions of service, employment contracts and general employment enquiries. New starters appropriate pre-employment checks and issue of appropriate contract of employment. Variations to contracts issue of appropriate contract variation Leavers process of resignation/dismissal. Implementation of changes to pay and conditions of service for teaching and support staff arising from changes to national and local agreements and individual arrangements. Maintenance of personnel records and appropriate staffing databases. Administrative support for Headship Appointments including arranging advertising in any national media publication

12 Payroll Service - This service is provided through an identified Payroll Assistant providing:- The payment of your employees including salary, travel, and other allowances, ensuring staff are paid correctly and on time on a monthly basis. The correct payment of all statutory deductions to the appropriate body, ensuring they are correct and by the due date. The payment of all voluntary deductions to external bodies, ensuring they are correct and timely. The accurate and timely coding of payroll expenditure against an employee s record as required. Annual and monthly returns to the Teacher s Pension Agency and Avon Pension Fund Mortgage enquires. Provision of information and advice on all payroll and tax related issues to staff in schools and authorised persons. Supply teaching registration service The Service will undertake pre-employment checks for individuals wishing to undertake supply teaching at schools within Bath & North East Somerset in the following circumstances:- New supply teacher to the LA or previous employee whose checks have expired (subject to school agreeing to be a host school and an additional fee of 80 +VAT (as at ) per individual) Current/Recent B&NES employee (subject to additional cost per individual of CRB ( 36 as at 2010) if required) Services provided free of charge All schools:- Administration of long service awards on behalf of the Authority. Providing a payroll service for individuals who retire early so they can receive their compensation payments on a monthly basis. Access to the Council s Jobs Website Statutory Requirements The Service will comply with all statutory requirements and deadlines including:- Producing a payslip, P14, P35, P60, P11D, P45, TR17, Annual return to LGPS and TPA, PAYE settlement, National Statistics, DETR payments and deductions etc. Verification of Disclosure and Barring Service (formerly CRB) information for employed staff and volunteers in accordance with DfE and Home Office arrangements. LA determination, where appropriate, on qualifications and fitness of individual staff proposed for appointment to schools. Other pre-employment checks as required. Provision of pensionable service details to TPA in compliance with statutory regulations. Conditions applying to schools opting out of HR Administration and Payroll Services package Schools not purchasing the HR administration and Payroll package are required to make adequate alternative arrangements to ensure the above statutory requirements are complied with on behalf of Bath & North East Somerset Council.

13 In particular schools must ensure the following returns are made in an accessible format by their alternative provider, within the required timescales, when requested by Bath & North East Somerset Council:- Monthly Basis Avon Pension Fund returns TPA returns AVC returns Added years and pensionable salary information Annually TR17 Total contributions, salary information for year TPA Annual return GTCE payments and deductions Annual Register Inquiry Survey As and when required but at least on an annual basis Staffing information of individuals employed by the school (including volunteers), to include records of all pre-employment checks undertaken. BVPI s School Census information for centrally employed staff in schools Statistical returns on employment issues. IMPORTANT INFORMATION FOR SCHOOLS OPTING TO USE A THIRD PARTY PAYROLL PROVIDER: Schools opting to use a third party payroll provider should note that the Local Authority is regarded as the Employer under the LGPS (Administration) Regulations 2008 and that Bath and North East Somerset Council has overall responsibility for pensions administration. Where schools choose to opt out of the Authority s payroll provision, the school and/or third party payroll provider will be required to enter into a formal agreement of administration in respect of pensions. As the employing Authority the Council reserves the right to reclaim any monetary losses from schools as a result of any penalty applied to them in respect of late or incorrect data provided by a school administering their own pensions or as a result of any third party agreement. Monitoring responsibility of the HR Service The HR Service, HR Administration and Payroll Services assist the Governing Body to discharge its statutory responsibilities in the area of employment law. The work of the HR Service discharges the statutory responsibilities of the Strategic Director of People and Communities and Head of Human Resources regarding monitoring standards of employment practices and industrial relations in schools. Where significant problems are identified which have employment law implications, the HR Service will seek to address the issues with the Headteacher and Governors of the school. In the event of any serious difficulty or failure to address such problems, the HR Service has a duty to inform senior officers and elected members as appropriate. Jayne Fitton Human Resources Manager

14 Costs Our costs are always competitive - full details are available on request for an individual or groups of school. Contacts Jayne Fitton Human Resources Manager Senior HR Consultants Wendy Davis Hester Edmond Catherine Lovett Kath Mitchard HR Consultants Juliet Parry Eva Lederman HR Technical Officer (Schools Intranet and Recruitment Portal) Roly Harrison Schools HR Service Riverside Offices Temple Street Keynsham Bristol BS31 1LA We have a team of dedicated and professional advisors who can help you with all your HR queries however complex

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