Strategic HR Support Specification APRIL 2014-31 MARCH 2015 1. Status of this Specification 1.1 This Specification is provided pursuant to the Terms and Conditions for the provision of services by Derby City Council to Schools and Academies (the Terms). It details the services you can expect from the Strategic HR Support team of Derby City Council s Human Resources Service, and their limitations. 1.2 It should be read as part of those Terms. 1.3 Strategic HR Support includes access to 10 hours of Derby City Council s Legal Services Employment Law Team. However, on a daily basis, you will be advised by HR Advisers. 2. What is included 2.1 Unlimited hours access to Strategic HR Support. 2.2 A dedicated HR professional will be allocated to your school to advise you. 2.3 HR professionals will provide advice, guidance and support in response to day to day people management queries and issues concerning schools specific pay and procedures, as well as national and local terms and conditions of service. 2.4 Strategic HR Support includes access to 10 hours of Derby City Council s Legal Services Employment Law Team. 2.5 Access to the subscriber pages on the School Information Portal. 2.6 We will: distribute policies and procedures for consideration and adoption by the governing body maintain electronic casework records to document the employment history and evidence any entitlement to employment rights for each employee. Personnel records will be maintained in accordance with Page 1 of 7
the provisions of the Data Protection Act, to provide information on an individual or collective basis provide you with a regular HR newsletter, at least termly. Casework management 2.7 Advice on teaching and non-teaching terms and conditions. 2.8 Advice on all aspects of HR policies and procedures, including employment law advice and employment safeguarding issues. 2.9 Advice on reasonable adjustments. 2.10 Access to HR guidance, template letters and documents. 2.11 Advance support on preparation and/or attendance at hearings/meetings. 2.12 Arrange medical referrals. Change management 2.13 Advice on the management of organisational change, including restructuring, redundancy, TUPE transfers, consultation. 2.14 Advice on Equality Impact Assessments and general equality issues. 2.15 Employment law updates and legislation compliance. 2.16 Updates on policies, procedures and changes to terms and conditions. Employment tribunals 2.17 Advice and assistance in responding to employment tribunal claims. 2.18 Correspond with other parties and the employment tribunal. 2.19 Where advised, represent at employment tribunal hearings. Settlement agreements 2.20 Assessment of the value of the proposed settlement. 2.21 Assessment of the claims to be settled. Page 2 of 7
2.22 Tax advice. 2.23 Where advised, prepare paperwork, including the settlement agreement itself, subject to the number of legal/employment hours you have from your allocation of 10 hours. Please see paragraph 9. 3. What is not included 3.1 Any legal work over and above the 10 hours access to the Council s Legal and Employment Services Team. 3.2 Employment appeals to the Employment Appeal Tribunal or beyond. 3.3 High Court matters, injunctions and industrial action proceedings. 3.4 Any costs arising from medical/health and safety appointments and assessments. 3.5 Any advice relating to relief workers. If you would like any advice relating to this then you will be charged on a consultancy basis. 3.6 Advice on areas of law outside employment law. 3.7 Travel expenses and photocopying exceeding minimum amounts, and disbursements (including barrister s opinions and external representation where advised/required). This will all be charged separately. 3.8 Training and development. The courses we deliver.are charged separately, details are available on the school portal. 3.9 Advice and support on recruitment for Headships/Deputy Headships/Bursars/School Business Managers, including Assessment Centre guidance. 3.10 Any bespoke services deemed to be covered under consultancy services. 4. Limitations 4.1 If you are a community school -- in addition to the Limitations of Liability at paragraph 8 of the Terms, Derby City Council will not be liable for awards of costs or compensation by any court or employment tribunal where you have failed or fail to seek/follow advice from Derby City Council s Strategic HR or Employment team, or where you have not disclosed relevant information, evidence or materials. Page 3 of 7
4.2 If you are not a community school - in addition to the Limitations of Liability at paragraph 8 of the Terms, Derby City Council will not be liable for awards of costs or compensation by any court or employment tribunal. 4.3 The service does not include personal advice to individual employees. 4.4 The Strategic HR/Legal and Employment Services teams will not be able to provide the services if there is a conflict of interests. Such a conflict is unusual but, where an actual or potential conflict is identified, the Strategic HR team will have to decline or cease to provide the services. 4.5 The Strategic HR Support/Legal and Employment Services teams will not be obliged to provide the services if it has advised against the proposed actions, including (but not limited to) where: there is no merit in taking/defending proceedings there is no value for money in the proposed compromise agreement the matter is trivial or the work involved would be disproportionate to the outcome. School Information Portal 4.6 If we have reason to believe that you have failed to comply with the contents of this specification, in that you have given any school who do not buy our services or third party outside the school authorised access to your password, or you have been dishonest, fraudulent or malicious, we will suspend, withdraw or restrict your access to the School Information Portal and our services. 4.7 We are not liable if our site is not available, at any time, for updating or for any other reasons. 5. Availability 5.1 The Strategic HR Support team is available by telephone, email, meetings and in person between: 08.30 and 17:00 Monday to Thursday 08.30 and 16.30 Friday. Except bank holidays. Page 4 of 7
5.2 We will also attend evening meetings provided you give us advance notice of this. 6. Quality of Service 6.1 The Strategic HR Support Team will strive to provide the best service possible to you. 6.2 We will: answer your telephone calls within six rings and return calls within one working day acknowledge correspondence within 2 working days and send a full response to correspondence within 3 working days arrange two planned visits each year at your convenience. 6.3 Although we aim to deliver an excellent service, we realise that occasionally you may be disappointed or dissatisfied with our service. How we respond to this is a very important part of our service standard. 6.4 We have a three stage complaints procedure... You should initially raise your concerns with Jackie Mitchell, Strategic HR Schools Team Leader, telephone: 01332 64 3703, email: jackie.mitchell2@derby.gov.uk, Strategic HR Support, Human Resources, Resources Directorate, Derby City Council, The Council House, Corporation Street, Derby, DE1 2FS. If your complaint is not resolved to your satisfaction or is regarding your contact with Jackie Mitchell, you should refer the matter to Elaine Inns, Strategic HR Manager, telephone: 01332 64 3671, email: elaine.inns@derby.gov.uk, Strategic HR Support, Human Resources, Resources Directorate, Derby City Council, The Council House, Corporation Street, Derby, DE1 2FS. If you remain dissatisfied, you can refer the matter to Nikki Gibbons, Head of Strategic HR and Organisational Development, telephone: 01332 64 3715, email: Nikki.Gibbons@derby.gov.uk or, if she has already been involved, Karen Jewell, Director of Human Resources and Business Support, telephone: 01332 64 3724, email: Karen.Jewell@derby.gov.uk, Human Resources, Resources Directorate, Derby City Council, The Council House, Corporation Street, Derby, DE1 2FS. Page 5 of 7
7. Your responsibilities 7.1 Your obligations are set out at clause 4.1 of the Terms. In addition, when buying the Strategic HR Support service, the school will: comply with all statutory responsibilities follow the applicable HR policies, procedures, guidance and advice comply with Data Protection Act and employment legislation provide full background details and all documentation relating to the issue on which advice is sought, promptly seek advice and guidance at the earliest possible stage use the Council s standard templates and/or e-forms comply with all safeguarding policies and procedures keep your school password for access to the School Information Portal secure at all times and strictly confidential. 7.2 You are obligated to keep all information available on the School Information Portal or provided to you as part of the Specification strictly confidential for your school purposes only. 7.3 You are responsible for restricting all access to the School Information Portal or information provided to you as part of the specification from other schools who do not buy Strategic HR Support services and third parties outside of your school 7.4 You are responsible for making any technical/it arrangements necessary for your school to access our School Information Portal. 7.5 You are responsible for making sure that anyone employed at the school is aware of the terms in which they can use the School Information Portal. 7.6 You agree not to damage or disrupt any part of the School Information Portal or software/it supporting its availability. 8. Charges 8.1 In addition to paragraph 5 of the Terms, service charges are calculated on an annual basis and are based on the headcount in the school. 8.2 You will receive separate notification of your charges. Page 6 of 7
8.3 We reserve the right to review the charges should there be an increase in headcount in the school during the course of the contract. 8.4 If you cancel this agreement prior to the termination date, 31 March 2015, there will be no refund of charges paid/due. 8.5 You will be charged at a consultancy rate for any services not included as part of this package. 9. Derby City Council s Legal/Employments Services 10 Hours 9.1 As part of the pricing strategy for the period 1 April 2014 to 31 March 2015, 10 hours legal and employment services have been allocated to your school. If we decide that legal advice is appropriate we will inform you, and seek that advice on your behalf. In some situations we may decide that it is appropriate to put you in direct contact with Legal Services. 9.2 Generally, any advice received from Legal relating to your school will be deducted from the 10 hours. This includes all meetings, telephone calls, letters and emails sent/received which will be charged as a minimum of 6 minutes each. It also includes time spent by Legal Services advising HR on your matters. 9.3 All time will be recorded in multiples of 6 minutes, rounded up to the nearest unit of 6 minutes, such that (for example) a telephone call of 10 minutes will be recorded as 12 minutes. 9.4 We will inform you of how much of your allocated 10 Legal and Employment Services hours you have used, and make sure that you are aware when your allocated annual hours have expired. 9.5 Please contact the Legal and Employment Services Team on 64 3585 if you wish to buy additional hours. 10. Termination date 10.1 This agreement will terminate on 31 March 2015. Page 7 of 7