HR Services for Schools and Academies Providing specialist education HR support

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1 HR Services for Schools and Academies Providing specialist education HR support Contact us: Advanced HR, Unit 6 Hayfield Business Park, Field Lane, Doncaster, DN9 3FL. TEL:

2 Managing Change Tracey Rowe & Ellen Walker Doncaster, DN9 3FL. TEL:

3 Managing Change Training Objectives Preparing for changes Job descriptions Contractual changes The process of change, statutory consultation Objections to change and dealing with them Breaks at work & the Law Questions Doncaster, DN9 3FL. TEL:

4 Managing Change Managing a change programme, whether that is changing job descriptions, changing contractual terms and conditions of employment or restructuring can be a daunting task for managers and raise suspicions with employees. The Key to success lies in the start of the process: Vision Leadership Engaging employees Empowering employees Building trust Being open and transparent Being Reasonable

5 Planning a change exercise Getting your house in order Establish what you have in place - what type of contracts are staff employed on What hours do they work compared to what is in the contract? Do the contracts have any historical local agreements? Is everything up to date? Have they got a contract of employment? What kind of changes to their contracts have been made previously?

6 Planning a change exercise Getting your house in order Is the job description reflective of the job? Do they have a job description? Is there consistency in job descriptions? Should different roles have different job descriptions? Undertaking an audit of what is currently in place is an important step in addressing change.

7 1.Job Descriptions Job Descriptions should neither overstate nor understate the responsibilities of the post A Person specification should be written in order to define the key characteristics of the candidate who could most effectively fulfil the job role The person specification should focus on experience, skills and where appropriate qualifications that are necessary / desirable for effective performance of the job. It is good practice to ensure that Job Descriptions reflect the job by revisiting them every year Job descriptions are an overview of duties, they are not a definitive list of every singe task an employee undertakes They are not a static document, jobs evolve and change with technology, government initiatives and research developments make it part of your culture to assess whether job descriptions are fit for purpose.

8 2. Job Descriptions Is an employee entitled to a job description and when should it be produced? It is good practice, but not a legal requirement, for employers to give a detailed job description. However, the written statement of particulars, which as an employer you must give to the employee within two months of starting work, has to contain the title and/or a brief description of your job. Is a job description a contract of employment? No, but it can form part of the contractual terms just the same as policies and procedures can. The key is to ensure that you retain flexibility, while establishing certainty. For example: Avoid producing a job description which is too detailed, and always include a statement that you reserve the right to amend or add to the employee's duties, or change their place of work, according to the needs of the business, and that the JD is not an exhaustive list of duties.

9 3.Job Descriptions Changing a Job Description or Updating a Job description? Updates should be carried out on an annual basis with the employee as part of their performance review updates are small amendments that do not change the overall make up of the job. If an update is required for all the staff attached to the same job description then a process of change should be followed Changing job descriptions, if the change is significant i.e. undertaking a new area of responsibility or managing an additional team, removing an area of work this needs to be managed under a process of change. Job Evaluation if you are a Local Authority School the LA make recommendations on the pay and grading of support staff roles. If there is a change to a JD it should be re-evaluated. If you are an Academy or VA school you do not have to obtain advice about the grade of a job from the LA. This can be done by your HR provider.

10 Contracts of Employment A contract of employment exists for every employee, whether you have provided a written employment contract or not. The employment contract is created the moment an employee accepts your job offer. What does the written statement of terms and conditions cover? You must include: the employer's name and the name of the employee the date on which the employment began the date on which the period of 'continuous employment' began (if, for example, the employee previously worked in another LA)- this is very important in reduction exercises pay (or how it is calculated) and when it will be paid information about working hours entitlement to holidays and holiday pay the employee's job title or a brief description of their work the employee's place of work details of disciplinary, dismissal and grievance rules and procedures

11 Contracts of Employment You must also include in the written statement, or make available in readily accessible documents: terms and conditions relating to sickness and injury, and sick pay (other than statutory sick pay) terms and conditions relating to pensions, including whether a contracting out certificate is in force the notice period the employee is obliged to give and entitled to receive for termination of the employment contract (and if you reserve the right to give payment in lieu, it would be sensible to say so) how long the employment is intended to last (unless permanent) any collective agreement which directly affects the employment Express and Implied Terms Express terms that is they are expressly or specifically stated, either orally (at the initial interview, say) or in writing. Express terms include things like pay, hours and holidays. Implied terms. These are not expressly or explicitly stated because, in the main, they are fairly obvious to both parties to the contract of employment. Implied terms include statutory rights, such as the right to equal pay and duties, such as a duty of care. An important implied term is the duty of mutual trust and confidence, which is implied in every employment contract.

12 Changing existing terms & conditions Can I change the terms of an employment contract? Changing contractual terms is referred to as a Contract Variation. If you have reserved the right to amend the terms within the contract, the answer is yes, provided you are not acting in an arbitrary or unreasonable manner. For example, a contract may allow you to move an employee from one location to another. You may also be permitted, for example, to require the employee to carry out different duties. If there is any doubt about whether you have the power to make these changes within the contract of employment take advice. Before you make any changes always check employees existing contracts of employment If you have not reserved the right to amend the terms, the answer strictly speaking is no, unless it is with the employee's agreement or consent.

13 The Process of Change If you do not have the power to enforce changes under the contract of employment, the contract can only be changed by agreement. Variations to contracts can only be put in place by 3 methods: 1. By agreement with the employee the employee must sign to confirm their acceptance 2. By collective agreement through a trade union 3. By termination and re-engagement serving notice, dismissal and reengagement

14 The Process of Change The Key to Successful change programme Consult with the affected employee(s) with a view to reaching agreement to the proposed changes. Consultation will involve explaining the reasons for the changes, the implications for the employee, and listening to and responding to any objections raised by the employee. The consultation must be meaningful with a view to trying to reach an agreement. Good consultation and open methods of communication can pave the way for a successful change programme: Involve the employees from the start Be open and transparent Give them the opportunity to ask questions Give them the right to representation Invite the trade unions to discuss the proposed changes with you If you can reach agreement with the employee, you should confirm the change to the contract in writing to avoid any confusion, the employee will be required to sign as confirmation as their acceptance of the change.

15 What if you cannot agree? If an employee will not agree to a change in terms and conditions, after all due consultation, you may decide to take the ultimate step of terminating the existing contract of employment and offering employment to the employee on the revised terms. Before taking that route, however, you must ensure that there are reasonable grounds to do so. For example: You have a sound business reason for pressing ahead with the proposed change and that the changes are no more than you reasonably require You have carefully balanced up the pros and cons of the change for the business and the employee You have reached a reasonable conclusion that the interests of the business in forging ahead with the changes outweighs any disadvantage to the employee You have fully consulted the employee about the proposed change and you have ensured that the employee is aware that the consequences of the employee's continued refusal to agree may be the termination of their employment

16 What grounds can people reasonably refuse? Caring responsibilities the definition Caring responsibilities means a person s responsibility to care for an immediate family member, like a parent or sibling with a disability, or a dependent child. Discrimination against a protected characteristic It is against the law to discriminate against anyone because of: Age, being or becoming a transsexual person, being married or in a civil partnership, being pregnant or on maternity leave, disability, race including colour, nationality, ethnic or national origin, religion, belief or lack of religion/belief, Sex, sexual orientation The key is to be reasonable and take on board employee concerns.

17 No Agreement.. If that is the case, you should serve full contractual notice on the employee to bring the existing contract to an end. At the same time you should offer in writing to re-employ the employee under the revised terms from the date of the expiry of the existing contract, or earlier if agreed. If the employee has a change of heart and accepts the new terms, then the variation will take effect as in the above paragraph. If the employee still refuses to accept the offer of re-employment on new terms, the termination of the old contract will amount to a dismissal. Any employee with more than two years' service could then challenge the reasonableness of your actions by way of a claim for unfair dismissal. Therefore the safest way is to reach an agreement. Dismissals can be fair if you can justify changes by reference to your business needs. You must be able to show that the needs of the business outweigh any disadvantages to the employees, explain the business reasons fully and warn and consult employees over the required changes.

18 Statutory Consultation where does it fit in? There is no guidance on the length of consultation when undertaking a contract variation exercise, but it is good practice to follow the legislation in relation to the consultation timeframes for redundancy: Consultation should begin in good time and must begin: at least 30 days before the first dismissal takes effect if 20 to 99 employees are to be made redundant at one establishment over a period of 90 days or less at least 45 days before the first dismissal takes effect if 100 or more employees are to be made redundant at one establishment over a period of 90 days or less. The basic rule is to allow a reasonable period of time for consultation

19 Model of Consultation 6. TAKE ON BOARD EMPLOYEES CONCERNS PROVIDE RESPONSES TO COUNTER PROPOSALS & CONSIDER WHERE NECESSSARY IF THE CONSULTATION SHOULD BE EXTENDED 1. PREPARE DOCUMENTATION & BE CLEAR ON THE BUISNESS REASONS FOR CHANGE. ASSESS THE KIND OF CHANGE YOU ARE UNDERTAKING; Contractual/non contractual/ updating 2. HOW MANY STAFF ARE INVOLVED, PLAN THE LENGTH OF THE CONSULTATION & CHECK THE EMPLOYEE CONTRACTS 5. KEEP THE CHANNELS OF COMMUNICATION OPEN, OFFER 1:1 CONSULTATION MEETINGS. COPIES OF FAQ S 4. PROVIDE THE EMPLOYEES & THE TRADE UNIONS THE REASONS FOR THE CHANGE & THE TIMESCALES 3. INVITE THE EMPLOYEES TO A CONSULTATION MEETING ADVISE THE TRADE UNIONS OF THE MEETING & CONSULT COLLECTIVELY

20 At the end of Consultation Employees are sent letters requesting their agreement Employees who sign the agreement will have the changes implemented Employees who do not sign undertake further 1:1 consultation to establish the reasons and to reach a decision Employees who continue to refuse may have their notice served and their employment terminated and re-engaged on new terms and conditions. Their new terms start at the end of the notice period. Employees who are not happy but continue to work under the new terms and do not raise this are seen to have accepted the new terms

21 When is it a re-structure? If the exercise involves a reduction of the number of jobs the consultation timescales for redundancy must be followed. The consultation must be about avoiding or minimising compulsory redundancies Restructuring may include deleting posts but creating new jobs (no redundancies). Ring-fencing new posts to those employees at risk. Looking at suitable alternative employment Trial periods What is suitable alternative employment Changing hours of work and creating new jobs The same process of consultation

22 Breaks at Work The Law Workers over 18 are usually entitled to 3 types of break - rest breaks at work, daily rest and weekly rest. Rest breaks at work Workers have the right to one uninterrupted 20 minute rest break during their working day (this could be a tea or lunch break), if they work more than 6 hours a day. The basic Statutory right is to an unpaid break. Taking breaks Employers can say when employees take rest breaks during work time as long as: the break is taken in one go somewhere in the middle of the day (not at the beginning or end) workers are allowed to spend it away from their desk or workstation (i.e. away from where they actually work) It doesn t count as a rest break if an employer says an employee should go back to work before their break is finished. Unless a worker s employment contract says so, they don t have the right to: take smoking breaks get paid for rest breaks

23 Custom & Practice Custom and practice in your organisation can become part of the contract. For example, if employees come to have 'reasonable' expectations of receiving a benefit, an Employment Tribunal or court is likely to interpret it as a contractual entitlement. This may include where a school has always paid for breaks

24 Golden Rules Involve your employees from the start employee engagement can make all the difference in running a smooth and successful change programme Foster a culture of consultative management style, employee engagement and empowering employees Be Reasonable because if you are not then you are being unreasonable Be Consistent never let a discrimination claim get off the ground Be nice Follow your policy

25 QUESTIONS

26 Questions 1. What if a TA has childcare arrangements that means they cannot change their hours of work? Childcare is in issue for most people, the employer needs to ensure that they are being reasonable, for example giving the employee a longer period of time to make alternative arrangements if necessary. Having childcare issues is the responsibility of the employee not the employer. The primary focus for the school is ensuring that the provision is delivered to meet the needs of the pupils. 2. Can we shift TA hours on a daily basis? Most employees want the security of knowing what hours they are working and changing hours on a daily basis would cause lots of work every day. Lots of schools use Core and variable hours contracts which can change termly / annually based on pupil numbers. 3. Do guidelines exist around TA Contracts times, patterns of work? No, each school has its own working patterns and it is up to the school to utilise what works best for them. 4. What if TA s refuse to engage in training how do we deal with this? An element of TA job description must be that they engage with regular CPD as this promotes a skilled workforce, ensure that your job descriptions meet the needs of the school.

27 Questions 5. What are the rules on performance related pay for TA s If you are a LA maintained school then under the Staffing Regulations (2009) you have to follow the LA grading structure due to equal pay implications, the LA has the right to provide advice about the grade of a job (JE) and the governing body should consider that advice. If you are a VA or an Academy you are not bound by the LA pay structure and may (if you wish) seek to introduce PRP. As this is a contractual change the process of change as described for a variation must be followed. 6. Do Parents need to be informed of changes? Parents only need to be involved where the change impacts on their child, for example changing the school day, reducing lunch break. 7. Do employees need a whole new contract if we make changes to one part? No, the change can be reflected in a variation letter (which the employee signs) it outlines what has changed and what has remained the same.

28 HR Services for Schools and Academies Providing specialist education HR support Advanced HR other training courses Appraisal, capability and pay for teachers Managing attendance Safer recruitment Discipline and grievance Contracts and managing change New Heads induction to people management Developing the leadership team- people management skills Contact us: