HR Services to Schools

Transcription

1 Central Bedfordshire Council HR Services to Schools Statutory Service Pack

2 Contents Introduction Page 3 Overview of statutory responsibilities Page 4 Frequently asked questions Page 7 Contact and useful Links Page 13 Appendices Appendix A Quick reference guide - Schools human resources service provision Appendix B Commencement and Termination Dates 1. NJC Conditions of Service 2. Teachers Conditions of Service Appendix C Appendix D Guidance for NJC Staff attendance on training days Process flow charts for notification to the Council 2

3 Introduction The Council reviewed its service provision to schools in line with the need to drive efficiency through its limited resources. In February 2012, the council made a decision to withdraw from the majority of traded services with schools by 31 st August Schools were advised to seek alternative HR and Payroll provision with a view to the Council ceasing trading with schools by 31 st August Your school has secured alternative provision and therefore we have produced this brochure to help support you through the service transition process and to advise on the statutory requirements on both the School and the Council to ensure that a relationship is maintained with the Human Resource function of the Council for all Schools that are Community Maintained, Voluntary Controlled (VC), Maintained Nursery Schools and Special Schools where the Council remains the employer and for Maintained Foundation (Trust) Schools (for the statutory responsibility for submitting the Teachers Pensions Annual Service Return (ASR). 3

4 Overview of statutory responsibilities The Council is responsible for the following statutory HR elements for Community, VC, Maintained Nursery and special Schools: Appointments/Employment/Termination Issuing templates for contracts of employment, contractual changes and termination of employment letters. Issuing of dismissal letters, where required, in accordance with the School Staffing Regulations Considering applications for the employment of migrant workers and issuing certificates. Administration and guidance to schools and individual staff (e.g. starters and those contemplating retirement) on the operation of the Local Government and Teachers Pension Schemes. Administration and guidance to schools on the Teachers Premature Retirement Scheme Maintaining relevant data systems and processes to enable an accurate return of service to Teachers Pensions in accordance with Teachers Pensions Scheme requirements. Authorisation of Golden Hello payments to eligible newly qualified teachers through the relevant finance procedures. Policy and Procedure/Employee Relations To have the option to provide advice to Governing Bodies and represent the Council at the point of dismissal in cases such as redundancy, Ill Health, conduct, and capability. Attendance at Joint Evaluation Meetings (JEM), where appropriate, to ensure compliance with the regulations contained in Working Together Reviewing Central Bedfordshire Council (CBC) human resources policies and procedures for schools that are recommended to governing bodies for adoption. Reviewing, updating and reissuing these policies and procedures in light of changes to employment legislation and best practice. Advising the Deputy Chief Executive/Director of Children's Services and Executive Member relating to the funding of school based redundancies in accordance with the Council s Financial Regulations. Monitoring and reviewing the application of the approved job evaluation scheme for support staff in schools including the moderation of evaluated posts in schools. This is the National Joint Council (NJC) job evaluation scheme and HAY Evaluation Scheme. Undertaking of equal pay audits where required. Advising and supporting Members, the Chief Executive and the Deputy Chief Executive/Director of Children Services regarding the council s employment responsibilities. Representing the Deputy Chief Executive/Director of Children Services and the Council in matters concerning corporate human resource policy and practice which impact on council maintained schools. Where the council is named as a co-respondent manage the response to Employment Tribunal (ET) applications. 4

5 Servicing the Joint Consulting and Negotiating Committee (JCNC) Working Party Forum and JCNC Working Party meetings. Co-ordinating and advising on facilities and time off for representatives of the recognised teachers associations/trade unions. Responding to consultation documents from the Department, Local Government Employers etc on employment matters. Undertaking consultations and negotiations with staff representatives on Council wide issues, e.g. single status, working time directive that may impact on maintained schools. Providing advice and support to Head teachers and Governing Bodies of appropriately designated schools in relation to particularly sensitive and/or high profile employee relations matters where the reputation of the council and/or school may be at risk. Participation in working groups to support the council in raising attainment in schools. An example would be membership of Progress Evaluation Groups (PEG) where schools/governing bodies are failing to meet their required level of performance and council intervention is needed. TUPE processes where transferring staff are employees of the Council, including Academy conversions. Providing guidance to schools, where required, on the service level agreements (SLA) they should enter into with traded providers of HR services. Data Collection Collation of data for submission to the DfE where required. School Workforce Census COLLECT advising on the timelines for return of staff details, contract/service agreements, absence, curriculum, qualifications data and guidance and approving the final submission of this information to the DfE. Collecting and reporting to relevant bodies of sickness absence, ethnicity, gender disability, pension and staffing statistics where required. Health & Safety Legislation requires that every employer who employs five or more people writes a health and safety policy and ensures that it is brought to the attention of all their employees. All schools are required to produce a local Health and Safety Policy that takes account of and is consistent with the Central Bedfordshire Council s policies. This Policy will be specific to the school as it will contain information on who will do things and how. Headteachers should ensure the Policy is ratified by the Governing Body and implemented within the school. Once completed the Policy should be communicated to all staff in the school and it is recommended the Policy is included in the school handbook. As employers the LA will monitor the effectiveness of school local policies to ensure they are adequate. It is recommended that where the Governing Body is the employer policies are monitored for their effectiveness. Template Health and Safety policies and guidance documents are available on the Learning portal via the following link: 5

6 All the above functions are statutory and are therefore provided to schools without charge. Criminal Records Bureau (CRB) checks where requested by school can be undertaken at an administration cost of per application in addition to the cost of the application itself. OBLIGATIONS OF THE HR SERVICES PROVIDER TO THE COUNCIL The School and Service Provider are obliged to liaise with and alert the council in the following instances (as detailed in the flow charts in Appendix D), providing information and documentation as required: All misconduct cases that are linked to child protection. All employee relations cases linked to complaints of discrimination. All cases where the potential outcome could result in dismissal or redundancy. Disciplinary, capability, sickness or re-organisations as soon as it is clear that the possible outcome could result in dismissal or redundancy. Copies of new or revised job descriptions with provisional job evaluation outcomes for moderation and ratification by the council. The posts must be evaluated in accordance with the Council s agreed job evaluation schemes (NJC up to Level 4, HAY Level 4+ and above). All collective Grievances. All individual Grievances before they reach hearing stage unless the Grievance relates to Equal Pay in which case the council should be notified at the point it is submitted. It is a requirement of the council that you comply with our policies and procedures as we are content that these are sufficient to meet our statutory obligations. Should you / your provider not comply with these policies and procedures, we may pass any liability to you for any costs relating to any employment issue that arises as a result. Attached to this HR Services to Schools pack is a copy of the relevant policies and procedures and contracts of employment that you / your provider will need. These are the following: Redundancy procedure for school based staff Further guidance - Redundancy Appraisal procedure and guidance Capability procedure for school based staff Disciplinary Procedure for school based staff Grievance procedure for staff in schools with delegated budgets Sickness Absence procedure for school based staff Managers and Employees Safer Working Practice for the protection of Children and staff in Education settings NB. This list is not exhaustive and it is advised that schools refer to the Schools Personnel Management Handbook for further guidance. 6

7 Frequently Asked Questions General What can we expect from a statutory service level? More information on the statutory services is included in the pack. Your new provider will need to supply us with information to ensure we can meet our statutory obligations e.g. data to allow the submission of statutory returns such as the teachers pensions annual service return. We will ensure that maintained, community and voluntary controlled schools are kept up to date with changes in the Council s policies and procedures, changes to terms and conditions of employment etc. It is a requirement of the council that you comply with our policies and procedures as we are content that these are sufficient to meet our statutory obligations. Should you / your provider not comply with these policies and procedures, we may pass any liability to you for any costs relating to any employment issue that arises as a result. You used to process CRB checks on our behalf. Does this service also cease? Central Bedfordshire Council will retain its umbrella body status and therefore will still be able to undertake this as a chargeable service. This is currently subject to an administration fee of 20 per check, plus the costs of the check itself. I understand there are some changes to the contributions to Teachers Pensions. How will this affect my new payroll provider? On 01 April 2012, tiered contributions to the teachers pensions scheme were introduced. Your new payroll provider must accommodate this as this requires new calculation routines to make the pension deductions from teachers, and additional analysis of the levels of deductions made, to provide to Teachers Pensions the information they need each month and annually, in support of the contributions remittances that you have to make. Information for Headteachers and staff in relation to this issue was sent to schools and placed in Central Essentials on Thursday 29 th March More information can be found on the teachers pensions website: Auto Enrolment of employees into a relevant pension scheme Auto Enrolment is a Government initiative that is being rolled out this year from 1 October ALL employers must enrol ALL eligible employees into relevant pension schemes. If an employee chooses to opt out, they must be re-enrolled in the scheme every three years. This is the employer s responsibility, and there are fines for noncompliance. Although the programme is being rolled out from 1st October 2012 each Council has been given a 'staging date' for implementation. Central Bedfordshire Council's current staging date is 1st April This means therefore that all maintained schools must 7

8 enrol all eligible employees into the relevant pension schemes at this date. It will be a responsibility of your payroll provider to ensure the requirements with respect to autoenrolment are actioned for your school. CBC will work with schools and payroll providers to implement and monitor the application of auto-enrolment by them as part of the statutory function. Further information in relation to the monitoring of autoenrolment by CBC will be provided to schools in due course. Central Bedfordshire Council will be providing more detailed information in relation to Auto Enrolment to all schools maintained by the Council during the Autumn term in order for all schools maintained by the Council to liaise with their Payroll providers to ensure the relevant processes are in place to meet the 1st April 2013 staging date. Further details in relation to Auto Enrolment can be found on Is there any other guidance that you think we should be aware of? The following websites could be helpful to you with regards to obligations around payroll. Registering with HMRC as an employer: Payment methods and stipulated timings of PAYE deductions to HMRC: Teachers pensions contributions payover requirements (note also impact of 1 st April tiered contributions introduction): What other information will the Council require to ensure that statutory duties are maintained with regards to payroll related matters? The council remains responsible to Teachers Pensions for accounting for the accuracy and completeness of the employee and employer pension contributions made through payroll. This includes Maintained Foundation/Trust Schools where the Governing body is the employer. For the council to meet its statutory obligations with regards to Teacher Pensions, Maintained Schools will have to establish and maintain a series of information processing provision, on either adhoc instances, monthly returns and annual returns in formats that are suitable to Teachers Pensions. This includes notifications of teachers joining and leaving the scheme and participants who have periods of unpaid absence. There is a further requirement to provide on a monthly basis, a breakdown of the deductions for employee and employer pension contributions, supported by the totals of employees contributory salaries on which deductions are based. This data is also required at the end of the financial year in April, on a reconciled basis of annual totals. Please also refer to FAQs on annual service returns. Can we still make use of the council s salary sacrifice schemes if we are not an academy? Yes, if you are a Community, VC School, Maintained Nursery or Special School but the 8

9 council is charged an administrative fee by the providers of the childcare vouchers and cycle provision schemes which will be passed on to you. For childcare vouchers, schools should be aware that they have to meet the cost of voucher provision, either in part or full, where an employee's occupational maternity pay is reduced or nil, because statutory regulations do not allow the voucher value to be recovered from the employee in these scenarios. Annual Service Return What information will schools need to provide for the annual service return (ASR)? All Maintained Schools including Foundation/Trust Schools will be sent a template of the ASR in order for the school & HR/Payroll provider to provide the salary and employment details for all teachers employed in their school during the previous financial year, including supply / casual staff and visiting lecturers. The template will include all the information that will be required to submit the ASR, including all changes to service or salary, pay increments/awards and any withdrawn service (i.e. strike action). The required frequency of the reports will be communicated to schools during the Autumn term. The school and their payroll provider must check and verify the data provided. It must be signed off by the Head teacher and returned by the given date (the latest return date for a full year of service i.e. 1/4/12 31/3/13 will be before May half term). It should be noted that the deadline for the Council to have completed its statutory return has been moved forward to July from 2012 onwards whereas in previous years this has been August. Most payroll providers that provide services to schools are used to the Annual Service Return and are familiar with the information requirements. Further guidance and instructions in relation to the ASR will be provided to all Maintained Schools during the Autumn term. How does ASR work if we transfer to an academy part way through the financial year? Central Bedfordshire Council has a statutory responsibility for submitting the ASR up to the date of transfer. The procedure detailed above will be followed for the period up to the date of transfer. The Academy is wholly responsible thereafter. For example if a school becomes an Academy on 1 February 2013, CBC with be responsible for the ASR from 01 April 2012 until 31 January 2013 and the Academy will be responsible for the return from 01 February 2013 until 31 March The academy will need to register with teachers pensions, and advice and guidance for submitting the ASR can be found on the teachers pensions website How will queries be managed in relation to the ASR? Central Bedfordshire Council will inform all schools of the name and contact details for our Teachers Pensions Co-ordinator, and all queries regarding the ASR returns should 9

10 be addressed to this Officer. Schools will need to advise their payroll provider that the Teachers Pensions Coordinator will need to resolve any errors or omissions directly with them. If the council s Teachers Pensions Coordinator needs to refer a query to the school and their payroll provider, any new data provided must be checked and supported with appropriate documentation. If a teacher phones and explains that they have missing service how will this be rectified by Central Bedfordshire? All queries regarding teachers pensions will be resolved with the Teachers Pensions Coordinator. The council will investigate any missing service by reference to payroll provider salary details and the council s historical data. We will then inform Teachers Pensions of the missing service details. When a confirmation of receipt is received from Teachers Pensions, the teacher will be notified by where possible. If, in very rare cases, Teachers Pensions are unable to update missing service immediately the teacher is advised to re-check their service details at Teachers Pensions website in 3-4 weeks and to the Teachers Pensions Coordinator if the update has not been done. We will then follow up with Teachers Pensions. When does ASR need to be completed? In previous years, the return has had to be made by 31 August, but Teachers Pensions Scheme has brought this deadline forward from 2012 to 06 July starting in In subsequent years the Council will inform schools of the Teachers Pensions deadlines for the ASR and inform you of deadlines for the return of the required information for the ASR relating to your employees. The Council will provide the relevant ASR spreadsheets for schools/providers to complete. Advisory Services Is there a handover period for schools to call the Council if they have any queries post transfer to another service provider? Yes. We have agreed that we will be available to your new provider for any relevant case query in the first four weeks post transfer for any cases that are either on going or have recently been completed. We will provide background information and detail but we will not be able to provide any HR advice as this may be in conflict with the service provision from your new provider. A number of schools transferred to a new provider during the summer term and we have therefore worked with schools and their new providers to ensure a smooth transition. For those schools that commence with a new provider from the 1 st September 2012 the CBC HR Advisory Team will be available to discuss case queries up to and including 30 th September What happens to current cases supported by the advisory team on point of transfer? We have worked with schools and their new providers, where required, to identify the cases that have been or are to be passed over. For example, it may be more appropriate for us to continue to support a case at a hearing or final stage appeal rather 10

11 than hand this to your new provider but that may depend on the complexity of the case. It is likely we will look to take a more active part in the transition process of any safeguarding case as there is a clear interlink here with our on going statutory responsibilities. For Community Schools, VC, Maintained Nursery and Special Schools will you provide a copy of CBC policies to new HR providers? All policies and procedures are maintained in the Personnel Management Handbook which is available to all Maintained Schools on the Council s website. Key policies for schools are also included with this support pack. As policies and procedures are updated through the consultation and negotiation mechanisms of the Council with the recognised Trade Unions and Professional Associations schools will be informed through Central Essentials and the Personnel Management Handbook will be updated. It is advised that Governing Bodies formally adopt (and record this in appropriate minutes) any new or changed policies provided by Central Bedfordshire Council. Will HR policies continue to be updated and consulted upon with Trade Unions and Professional Associations? As outlined above we will continue to develop and update our policies and procedures, ensuring these remain current and legally compliant. This is one of our statutory responsibilities. We will continue to work with the Trade Unions and Professional Associations to negotiate changes to relevant policies. Community, VC, Maintained Nursery and Special Schools will still be required to follow those policies and procedures negotiated by CBC. What will you do with your copies of personal files? Following the cessation of operational service support we will archive our personal files (which generally only hold copies of information sent to us from the school and therefore should be a duplicate of information held by the school). We will retain our copies of the files for a minimum of seven years. Will HR information currently on the schools secure website still remain in the same place and will this be locked down for just for community schools? Work across the Council is currently being undertaken with regard to the method in which information for schools is maintained on the Schools Portal and Council website. You will be informed of any changes and therefore at the present time all information relating to HR will remain in the same location. We are working with our colleagues in IT with a view to limiting access to some parts of the site to those schools with which we will retain a statutory relationship. You will however be informed of any changes to access to electronic information through Central Essentials at the appropriate time. Will we still have access to the current Employee Support Service provided by the Council? No, as part of your Occupational Health procurement process, we recommend that you establish the level of occupational health provision provided by other providers and 11

12 establish whether this includes an employee support service. It is highly recommended that you do provide access to such a service. Should schools ensure that adequate legal advice and insurance arrangements are in place? It is advised that Governing Bodies ensure that appropriate legal advice and legal insurance policies are in place. Information in relation to the current insurance arrangements through the Safe Hands Insurance Scheme was provided to schools in the Council s buy back brochure. The terms of the employment relations insurance provision is provided by Abbey Legal Services through the Safe Hands Insurance Scheme. You may wish to refer to these arrangements when ensuring similar future legal advice and insurance cover is maintained. 12

13 Contacts and Useful Links Natalie Franklin HR Manager, Schools Statutory Services Phone: N.B Natalie is currently on maternity leave until March 2013 Kerry Mullen Senior HR Manager, Schools Statutory Services Phone: Philip Howard Human Resources Business Partner, Children s Services Phone: philip.howard@centralbedfordshire.gov.uk Vikki Chapman Head of HRBP s & Major Programmes Phone: vikki.chapman@centralbedfordshire.gov.uk School Teachers Pay and Conditions Document 2012: Department for Education: Guidance on managing staff employment in schools: 13

14 Appendix A - Quick reference guide - schools human resources service provision Action School Responsibility Suggested Service Provider Responsibility Council Responsibility HUMAN RESOURCES/PAYROLL ADMINISTRATION RECRUITMENT Formulating job description and person specification according to Council templates. Job Evaluation Provision of recommended job description and person specification templates. Moderating job evaluations Provision of application pack. Provision of application pack. Placing advertisements. Placing advertisements. Placing advertisements on the Children s Trust website (this is not actioned by HR, this is completed by the Children s Services Work Force Development team). Short listing applicants and contacting candidates for interview. Undertaking interviews. Undertaking interviews. HEADTEACHER RECRUITMENT To be provided for in-house or via a service provider as decided by the Governing Body in conjunction with the Council. The governing body must notify the HR Manager, Schools Statutory Service in the Council, in writing of any vacancy for the head teacher; and where it identifies either a current or new post of deputy head teacher as one to be filled. The Governing Body must send the Providing full or part of Head teacher recruitment services as instructed by the school. Placement of advertisements in appropriate media Placing advertisements on the Children s Trust website (this is not actioned by HR, this is completed by the Children s Services Work Force Development team). Providing Council standard documents e.g. application form. The Council may make written representations to the selection panel where it believes an applicant selected for interview for the post of head teacher 14

15 names of shortlisted candidates for the post of Head teacher to the HR Manager, Schools Statutory Service in the Council in order for the Council to decide whether to make written representations about any of the candidates. Schools are required to notify the Council if the person approved by the Governing Body fails the relevant checks in order for the Council to discharge it s function to decline an appointment because they have failed the relevant checks. is unsuitable. Retain Council advisory right to attend short listing and interview. PRE-EMPLOYMENT CHECKS Occupational health placement screenings. Provision of Occupational Health Services inclusive of an HR package Separate Occupational Health Service to schools as a purchased service in addition to HR Service. CRB AND LIST 99 Checks School to be responsible for processing applications for CRB checks and providing accurately completed forms and supporting information to provider to enable CRB checking process to be undertaken. Children s Barred List (List 99) checks. CRB checks Where service provided by provider. Or school engagement of provider for CRB and List 99 checks. Children s Barred List (List 99) checks (when requested by school). CRB checks (when requested and paid for by school). EMPLOYMENT REFERENCES Taking up references and managing the outcome of responses from the receipt of references. If an employee is engaged at the point of a concern being raised and this may lead to a dismissal the school should notify the Council. Advice in taking up references and advice and support in managing issues that may arise from the receipt of references. Provision of reference request template. May attend any hearing that may lead to dismissal as a result of unsatisfactory references if the employee is currently in employment at the school. 15

16 ELIBILITY TO WORK IN THE UNITED KINGDOM Checking eligibility to work in the United Kingdom of all staff. Providing advice on immigration and overseas workers. Considering applications and issuing sponsorship certificates. NEW EMPLOYEE INDUCTION PACK INFORMATION Issue of induction pack to new employee. Issue of induction pack to new employee. Providing up-to-date pre-employment clearance information and template forms, pensions forms/information and/or links for downloading. NOTIFICATION OF CRB CHECKS Notifying the Council if as a result of a CRB clearance an employee may be dismissed if they are already in employment). Providing advice to the school in relation to the CRB clearance if a disclosure is made. Reviewing and advising on continued employment if a disclosure leads to a potential dismissal. Providing advice to the school in relation to the CRB clearance if a disclosure is made and the CRB application process was made using the Council s umbrella body service. CONTRACTS OF EMPLOYMENT Completing employment contract detail on the template issued by the Council. Completing employment contract detail on the template issued by the Council. Drafting employment contract templates for school and service provider use. Regular review and revision of contracts according to employment legislation changes. CONTRACT VARIATION LETTERS Completion and issue of employment contract variation form/letter. Completion and issue of employment contract variation form/letter. Providing sample contract variation letters. PERSONNEL FILES Secure holding of staff personnel files and filing of information. Providing copies of personnel documents/letters to the school for filing. Regular auditing of employee personnel files. Keep copies of files for migrant workers sponsorship certificates. RUNNING MONTHLY PAYROLL Notifying the service provider of any changes required to payroll by the service provider s deadline. Running monthly payroll service based on the information received by the school. Providing monthly reports to the HR Manager, Schools Statutory Service as and when required. 16

17 CHILDCARE VOUCHERS Providing necessary and appropriate information regarding the childcare voucher scheme to enable the service provider to make appropriate deductions. Processing childcare vouchers in line with instructions received from the school. The service provider will pass any deductions required to the school s childcare voucher provider. Recommending scheme providers on behalf of the Council. MATERNITY/PATERNITY/ADOPTION PAY Providing necessary and appropriate information regarding an employee wishing to take maternity/paternity or adoption leave. Processing and payment of designated leave in accordance with the instructions received from the school. Providing guidance and policies on the application and scheme details. PAY AWARDS Notifying affected staff of the pay award applicable. Paying applicable pay awards including retrospective adjustments for backdated awards. Providing the school and service provider with instructions in terms of any pay awards received for school based staff. ANNUAL SALARY STATEMENTS FOR TEACHERS INCLUDING HEADTEACHERS Completion of annual individual salary assessment statements. Advice in accordance with the STPCD in relation to the statutory requirement for a school to provide an annual salary statement to employees engaged on Teachers Conditions of Service. Providing salary assessment template form/link for download. Provide advice on leadership salaries. Monitor leadership pay and ISRs across the Council. GOLDEN HELLOS Provision of all necessary paperwork regarding the payment including all paperwork required by the service provider to be sent to the Council for authorisation. Payment of golden hello as instructed by the school and as authorised by the Council. Authorising golden hellos and keeping records. PENSION PROVISION Provision of authorised documents amending pension provision e.g. return from mat leave, change in hours, opt out forms. Keeping records and copies of pensions forms on personnel file. Completion and authorisation of pension scheme election/application forms on behalf of LGPS and Teachers pension members on receipt of authorised documents. Providing new employee information and forms regarding the applicable pension scheme. Providing new employees information regarding the applicable pension scheme. Providing information and guidance on LGPS and Teachers pension schemes. 17

18 Transferring the employer and employee contributions to the LGPS and TP and ensuring that the appropriate deductions are made from employees salary. Reporting to the Council all payments made on a monthly basis Provision of reports to the Council to enable auditing Provision of reports to the Council to enable auditing Audition of Pensions deduction processes to ensure effective management of the Council s liabilities Responsible for providing pay data for upload on the TPS Secure Utility Transfer (STU) system. Responsible for uploading pay data for upload on the TPS Secure Utility Transfer system. Approval of STU access as required. Upload of TR6s and TR8s (starters and leavers) ANNUAL SERVICE RETURN Submission of ASR data to the Council to comply with published deadlines Provision of reports to schools Collation and submission of data for the whole authority. DEATH IN SERVICE Notifying the service provider and the Council of a death in service. Making payment of short term death benefits of deceased pension members. Notification to the relevant officers of the Council in order for support services to be provided if required. TERMINATION OF EMPLOYMENT Provision of appropriate and authorised instructions to service provider for termination of employment. Issuing termination of employment letters to all staff for routine cessation of employment e.g. resignation Providing model termination letter templates. Providing to the schools pension provider and the Council information regarding an employee s termination of employment. Providing to the pension provider final pay details. LOCAL GOVERNMENT PENSION SCHEME EARLY RETIREMENT Notify the relevant pension scheme of an employee s intention to retire. Notify the relevant pension scheme of an employee s intention to retire. On request advise on the process to the school or provider. 18

19 Provide salary and service data. Process any invoice for successful claims. TEACHERS PREMATURE RETIREMENT SCHEME Notify the Council of any request. Processing pension forms following authorisation of premature retirement by the Council. Provision and revision of scheme document. Considering and approving applications. REFERRAL TO INDEPENDENT SAFEGUARDING AUTHORITY Notifying the Council of potential referral. Providing relevant information to the Council to support the ISA Referral. Make referrals to the ISA for consideration. REFERRAL TO THE TEACHING AGENCY (PREVIOUSLY THE GTC) Notifying the Council of potential referral. Providing relevant information to the Council to support the Referral. Make referrals to The Teaching Agency. OCCUPATIONAL HEALTH Responsible for referring employees to the Schools OH provider. Providing advice and representation to the school regarding sickness absence management. Advise on procurement specifications. EMPLOYEE SUPPORT Referring applicable staff to the schools employee support programme provider. Providing advice and representation to the school regarding referring staff to employee support. Advise on procurement specifications. SAFEGUARDING ISSUES RELATING TO EMPLOYEES School to notify Council s Allegations Manager (LADO) in accordance with regulations. School to manage the outcome of advice received by the Council. To keep the Council informed of actions/investigations in accordance with regulations. To provide advice and support to the school in safeguarding issues relating to employees and any subsequent outcomes relating to the application of policies and procedures of the Council. To attend Joint Evaluation Meetings (JEM) where required in order to provide support and advice to the school. To attend Joint Evaluation Meetings (JEM) called by the Allegations Manager (LADO) where appropriate. Where appropriate to attend and provide LA advice at any hearings that may lead to dismissal as a result of a safeguarding issue. REDUNDANCIES/ORGANISATIONAL CHANGE Approve any proposals that involve possible redundancies. Provide advice, guidance and representation at meetings etc. Providing the Redundancy Procedure. Authorising redundancy compensation payments to be met by the Council where agreed. 19

20 HR ISSUES POTENTIALLY LEADING TO DISMISSAL (CONDUCT, ILL HEALTH, CAPABILITY, REDUNDANCY ETC) Contacting the Council and the service provider for appropriate advice. Contact schools legal insurance provider Contacting the Council and the service provider for appropriate advice. Where appropriate to attend and provide LA advice at hearings (at an appropriate stage) including any hearing that may result in a decision of dismissal. EXIT INTERVIEWS Ensuring that staff leaving complete an exit questionnaire and have the option of speaking to a designated employee should the staff member have any issues. Placing completed questionnaires on the employee s file and raising any concerns with the Council where issues that may result in legal action are identified. Providing advice and support in relation to exit interviews. Providing advice and support in the investigation as appropriate where concerns are raised on completed questionnaires. Providing a template exit questionnaire and appropriate guidance and procedures. HR POLICIES AND PROCEDURES Ensuring all policies and procedures are adopted by the Governing Body. Advising on the application of policies provided by the Council in accordance with current employment legislation and case law. Drafting model HR policies and procedures for adoption by Governing Bodies. Consulting on policies with the recognised Trade Unions and Professional Associations. JCNC FORUM AND WORKING PARTY MEETINGS Attending meetings to consult with recognised Trade Unions and Professional Associations on employee matters. JOB EVALUATION FOR SUPPORT STAFF Carrying out job evaluations against the Council s approved schemes (NJC and Hay). Moderating job evaluations and grading in accordance with the Council s pay structures for school based staff. Monitoring and reviewing the application of the approved job evaluation scheme for support staff in schools. SCHOOLS WORKFORCE CENSUS COLLECT Providing information as necessary to the service provider and/or the Council. Input data into COLLECT Providing the School with necessary information (which it could be reasonably expected for the service provider to hold) in relation to the Approving the Schools submissions in respect of the workforce census to the DfE. 20

21 workforce census. SINGLE CENTRAL RECORD (SCR) Maintaining a single central record according to the Council guidelines and requirements. Providing the SCR to the Council to ensure compliance as required. Providing advice and guidance in relation to the schools single central record in accordance with the Council guidance. Monitoring and ensuring school compliance with the Council guidance in respect of the SCR. PERFORMANCE INDICATORS AND OTHER STATISTICS Providing necessary information to the Council regarding DfE performance indicators and other statistical information/data as requested. Providing the Council with necessary information (which it could be reasonably expected for the service provider to hold) regarding DfE performance indicators and other statistical information/data as requested. Providing performance indicators and other statistical data to government agencies as required. MONITORING AND COMPLIANCE Raising with the Council any concerns about service provision from the HR/Payroll Service Provider. Monitoring and quality assuring recruitment and safeguarding checks are carried out appropriately, schools are data compliant and that HR issues are acted upon and dealt with in a timely and appropriate manner. ALLEGATIONS AGAINST A HEADTEACHER Governing Body to notify HR Provider to seek advice and support. Governing Body to notify Council. To provide advice and support in the application of the relevant procedures. Where appropriate attending a final hearing (in the case of a dismissal hearing) or an earlier stage where allegations are against a Head teacher and it is determined that a representative of the Council should be in attendance. CONCERNS REGARDING A HEADTEACHER INCLUDING PERFORMANCE Governing Body to inform the Council. Provide support and advice to the Governing Body. If the Council has serious concerns it must send a written report of its concerns to the COG and the Head teacher. EMPLOYMENT TRIBUNAL (ET) (ACCESS TO LEGAL SERVICES) Making an appropriate referral to the HR team regarding ET1 s received. Notifying the HR team when the school is aware that an employment tribunal is Making an appropriate referral to the HR team regarding ET1 s received. Notifying the HR team when the school is aware that an employment tribunal is Providing appropriate access to the legal services team to ensure that correct and appropriate documentation/correspondence and response is made where the Council is 21

22 a possibility. Appropriate involvement of and liaison with Schools Legal Advisers a possibility. Providing ongoing advice and representation at an ET if deemed necessary by the Council s legal team. Appropriate involvement of and liaison with Schools Legal Advisers a respondent. WEBSITE AND TRAINING COUNCIL WEBSITE The Council will provide a website accessible to schools with updated HR guidance, HR policies and Procedures and templates. TRAINING Raising with the service provider and/or the Council training needs requests as required. Providing training sessions as agreed and as required. Providing training sessions as agreed and as required. 22

23 Appendix B 1. Commencement and Termination Dates NJC NJC School Support Staff Commencement dates: An employee commencing at the beginning of the Autumn term will be employed and paid from 1 September. An employee commencing at the beginning of the Spring term will be employed and paid from 1 January. An employee commencing at the beginning of the Summer term will be employed and paid from Easter Monday. An employee commencing part way through the term will be employed and paid from their first day of work. Termination dates: An employee leaving at the end of the Summer term will be employed and paid to 31 August. An employee leaving at the end of the Autumn term will be employed and paid to 31 December. An employee leaving at the end of the Spring term will be employed and paid to Easter Sunday. An employee leaving part way through the term will be employed and paid up to the day preceding the next school day. Period of Notice: Those paid in accordance with Level 4, its equivalent or below, are subject to one months notice on either side. Those paid at or above Level 4 or its equivalent, are subject to three months' notice on either side. Notwithstanding the above paragraphs, where the Authority terminates employment the statutory minimum period of notice defined by the Employment Rights Act 1996 shall be applied where such notice exceeds one month. The statutory minimum periods of notice are shown in the agreement made by the National Joint Council for Local Government Services (Green Book). The Authority is entitled to terminate employment summarily, that is without notice or pay in lieu of notice, without prejudice to any rights or claims it may have against an employee if at any time the employee is guilty of any type of gross misconduct or breach of duty or if the employee commits any serious breach of a material term of your contract of employment.

24 Appendix B 2. Termination dates / Period of Notice for employees engaged in accordance with the Conditions of Service for School Teachers in England & Wales revised edition August Paragraphs below are taken from Conditions of Service for School Teachers in England and Wales revised edition August Appointment, Resignation: Retirement 1.1 Teachers shall be paid salary in accordance with the terms of the School Teachers Pay and Conditions Document by monthly instalments and should not receive less than one-third of a year s salary for each full term s service. For the purpose of these arrangements the three terms in each year shall be constituted as follows:- The summer term from May1 to August 31, The Autumn term from September 1 to December 31, The Spring term from January 1 to April Teachers taking up work on first appointment, or on re-appointment, or on transfer from another employer: a) At the commencement of a school term will be paid salary: After the summer vacation from September 1; or from the first school day of the Autumn term if this shall be earlier than September 1; After the Christmas vacation from January 1; After the Easter vacation from May 1; or from the first school day of the Summer term if this is earlier than May 1; b) during the school term will the paid salary from the first school day worked by the teacher. 2. Teachers resigning their appointments 2.1 All teachers resigning their appointments will be paid salary: at the end of the Summer term to August 31; or, in the case of a teacher resigning to take up an appointment with another employer to the day preceding the day on which the school under the new employer opens for the Autumn term if this is earlier than September 1. at the end of the Autumn term to December 31; 24

25 at the end of the Spring term to April 30; or, in the case of a teacher returning to take up appointment with another employer, to the day preceding the day on which the school under the new employer opens for the Summer term if this is earlier than May 1. A teacher resigning his/her appointment with effect from the end of the Spring term to take up an appointment with another employer should not be required by the former employer to attend the first days of the summer term if that commences earlier than May Teachers resigning their appointments under the terms of paragraph 2.1 will be required to give notice in accordance with the periods specified in paragraph Period of notice and termination of contract 4.1 All teachers shall be under a minimum of two months notice and in the Summer term three months, terminating at the end of a school term as defined in paragraph 1 above. 4.2 Notwithstanding paragraph 4.1 above, all head teachers shall be under a minimum of three months notice and in the Summer term four months, terminating at the end of a school term as defined in paragraph 1 above. 4.3 Notwithstanding paragraph 4.1 above, where a teacher has been continuously employed for more than eight years he/she shall be entitled to receive additional notice, as specified in the Employment Rights Act The provisions for paragraphs 4.1 to 4.3 apply to the termination of a teacher s contact for any reason other than gross misconduct, including dismissal for ill health and redundancy. For further detail in relation to the conditions of service for school teachers in England and Wales please refer to: Conditions of service for school teachers in England and Wales revised edition 2000 School Teachers Pay and Conditions Document 2012 (STPCD) 25

26 Appendix C Guidance for NJC Staff attendance on training days As the range of support staff roles in schools has developed, following workforce reform, there has been a greater need for training and development on both whole school and more specific issues. The Single Status Agreement therefore increased the number of working weeks per year for term time only employees to include the 5 teacher training days. It is now a contractual requirement that all term time only support staff work on the 5 training days (or pro rata to 5 days for part-time staff). If is for the head teacher to determine exactly what will be required of the staff on those days this may be training or other duties related to their role. For some staff who work a small amount of hours headteachers may decide to aggregate the time to be spent working on training days e.g. for midday supervisors who work one hour per day during term time it may be that the headteacher will organise on 5 hour training session on one of the training days to include behaviour management, child protection and other relevant training. For many staff who work a regular number of hours each day of the week this is straightforward, as they will work their normal hours on each of the 5 training days. However, staff with different working patterns have queried how the arrangements apply to them. Staff who work less than 5 days should attend the training days on a pro-rata basis e.g. working on 3 days per week in term time will mean a requirement to work 3 training days during the academic year. For staff who work an irregular pattern of hours the pro rata calculation should equate to the total number of hours worked as a proportion of the normal working week (e.g. Monday 5 hours, Tuesday 2 hours, Thursday 3 hours, Friday 5 hours where the normal working week is 25 hours 15/25 = 3 training days to be worked). It may be that some staff will have to work on days of the week which they do not normally work. For example, someone working on Wednesday, Thursday and Friday each week will be expected to work on 3 training days during the year even if all 5 training days occur on Mondays and Tuesdays. Where a member of staff is contracted to work fewer than 5 training days it will be the headteacher to decide which of the 5 days staff will work; this may, in part, be determined by the content of any training which the school has arranged. If a member of staff wishes to request leave of absence on a training day they must apply in the usual way; whether paid or unpaid leave is granted will be determined by the school s absence policy. If staff are sick on training days they must report their sickness to the school as if it were any other working day. If a headteacher asks a member of staff to attend on more training days than they are contracted to work they must be paid overtime or given time off in lieu. For case specific advice regarding this guidance schools are advised to contact their HR provider. 26