Schools Update and Workshop

1
HR Services for Schools

• Schools Update and Workshop
• 11th October 2013

2
AGENDA

• Insurance Services
• Whistle Blowing, Fraud and Money Laundering
• Safeguarding - DBS and Borough update
• Maternity Leave employees going on maternity
• Pensions Auto Enrolment
• Teachers Strike
• STPCD 2013 and Model Pay Policy
• Payroll update
• Employee Benefits Credit Union, Cycle to Work
• Health and Safety update
• HR updates

3
Insurance for Schools

• October 2013 Kathy Slowther
• Lord Justice Jackson and the New Civil Procedure
  Rules
• What these changes mean for you and your
  Governors
• Schools Insurance arrangements Health care
  provisions
• Schools renewal forms
• New contact details for Insurance team
• Risk Management latest news

4
Fraud Corruption, Whistleblowing Money
Laundering

• Linda Everard, Head of Internal Audit
• October 2013

5
Purpose of the session

• What you need to do, as required by the Scheme
  for Financing Schools, to adopt and implement the
  new
• Anti Fraud Corruption Policy and Strategy
• Whistleblowing Policy
• Anti Money Laundering Policy and Strategy
• (including how you identify money laundering in
  your school)

6
Anti Fraud Corruption (AFC)

• Covers fraud, corruption, bribery, theft and
  financial irregularities
• Stance needs to be zero tolerance
• By anyone internal or external to the school
• The culture and tone of the school is key to
  preventing and detecting it
• (i.e. living the ten general principles of public
  life)

7
AFC Good Governance
8
AFC Roles and Responsibilities

• Governing Bodies
• Adopt the policy
• Get periodic reports on its implementation and
  the management of fraud risks
• School Senior Management Teams
• Ensure procedures, policies and codes are fit for
  purpose and staff are trained to use them
• Take concerns seriously and investigate properly
  invoking internal disciplinary action if
  appropriate
• Participate in any counter fraud initiatives
  relating to schools

9
AFC Roles and Responsibilities

• Everyone
• Act with integrity
• Understand the schools fraud risks
• Comply with the schools procedures and processes
• Declare any potential conflicts of interest
• Do not accept gifts or hospitality or record them
• Highlight any concerns

10
AFC Report it

• Report your suspicions or potential concerns to
  the Councils Counter Fraud Team
• On 01702 215254
• via counterfraud_at_southend.gov.uk
• via the Confidential Report Line on 01702 215215
• via the above under the provisions of the
  Whistleblowing Policy
• in exceptional circumstances, to the Councils
  Chief Executive or Chair of the Audit Committee
  via 01702 215101

11
Why is this important?

• Fraud costs each adult in the UK 760 pa
• Every public lost to fraud, corruption,
  bribery, financial irregularity or error reduces
  the money available to provide essential services
  for the local community
• At a time of financial restraint, this puts the
  most vulnerable in our society at even greater
  risk
• Let Us Fight Fraud Together!

12
Whistleblowing(WB)

• Covers any serious concern about
• an aspect of service provision or
• the conduct of officers, governors or others
  (i.e. contractors) acting on the schools behalf
• Applies to employees, workers or contractors
• Makes clear harassment or victimisation people
  raising such concerns wont be tolerated and is a
  disciplinary offence

13
WB Roles and Responsibilities

• Headteacher is responsible for
• operating this policy
• maintaining a log of and investigating all
  concerns raised
• notifying the Governing Body of allegations
  received
• notifying the Councils Head of Internal Audit
  regarding any financial issues raised

14
WB Report it

• Concerns should be reported to the
• Headteacher or
• school's Chair of Governors
• They should be raised in writing, clearly marked
  Whistleblowing and placed in an envelope marked
  Staff in Confidence".
• The background and history of the concern (giving
  names, dates, and place where possible), and the
  reasons for the concern should be set out.

15
Money Laundering (ML)

• Is the process by which the proceeds of crime,
  and their true ownership, are changed so that
  they appear to come from a legitimate source
• Schools and individuals must try to prevent and
  report attempts to launder money
• Serious criminal sanctions may be imposed for
  breaches of the money laundering legislation
• Overall the risk of it happening is low so
  dont panic!

16
ML Identifying it

• Indications of suspicious activity are
• any unusually large cash and/or payments via
  electronic means made by a person in a single
  transaction or over a short period of time
• any overpayment or duplicate payment in cash
  and/or via electronic means where a refund is
  requested by cheque
• if a third party is involved in any transaction
  e.g. someone paying cash and/or via electronic
  means to settle someone else's bill
• cash and/or electronic transfers are used to
  purchase land, buildings or other assets

17
ML Report it

• Schools are obliged to
• identify the potential areas where it may occur
• issue a staff briefing note on the risks and
  actions they should take if they suspect money
  laundering and train them accordingly
• nominate a Money Laundering Reporting Officer
  (MLRO)
• Dont investigate it tell the MLRO ASAP
• Dont tip off the person you suspect

18
ML Report it

• The Money Laundering Reporting Officer (MLRO) is
  the Councils Fraud Manager
• Contact via
• Counter Fraud Team on 01702 215254
• E-mail counterfraud_at_southend.gov.uk
• The MLRO will notify
• relevant people at the school and Council
• the Serious Organised Crime Agency

19
Questions for you

• Could you name three things that your school does
  that could be subject to fraud?
• How well do staff comply with your policies and
  procedures, particularly financial ones?
• Would people at your school be comfortable to
  report any sort of concerns? If not, why not?
• What can you do to make them feel more
  comfortable reporting concerns?
• How are you going to roll this out in your
  school?

20
Thought for the day!

• We need to empower honest people to
• ask the right questions at the right time
• report their concerns to the right people.
• Any Questions?

21
Contact details

• Linda Everard
• Head of Internal Audit Counter Fraud
• Southend Borough Council
• Tel [phone]
• Mobile [phone]
• E-mail lindaeverard_at_southend.gov.uk

22
HR Services for Schools

• Safeguarding - DBS and Borough update
• October 2013

23
DBS Online Update Service

• Enables employers to check the DBS status of
  registered individuals
• If individuals wish to register, they need to do
  so within 14 days of the date of issue of their
  DBS Certificate and pay an annual fee of 13
• The responsibility for paying the annual fee
  rests with the individual
• We suggest that schools not insist that staff
  subscribe to this updating service or reimburse
  staff that do
• To check you ask for the person for their DBS
  Certificate and permission

24
Using the DBS Online Update Service

• If the person is registered, after viewing the
  original DBS Certificate, with the individuals
  permission go to
• www.gov.uk/dbs-update-service
• Enter your organisation name, forename, surname
• Enter the DBS Certificate number, current
  surname of the holder (as specified on their
  Certificate), date of birth of the holder (as
  recorded on the Certificate)
• The result will be returned instantly
• The individual will be able to see who has
  carried out a Status Check and when it was
  carried out
• Oct 2013 Guide v3.7 available at www.gov.uk/dbs

25
HR Services for Schools

• Maternity Leave employees going on maternity
• October 2013

26
Maternity Notification and First Actions

• Schools Maternity Policy is available on SLN and
  we will be adding our model letters for schools
  to use
• As soon as the employee notifies the school they
  are pregnant please inform Payroll in writing
  with the expected due date (can be email)
• School writes to employee to acknowledge
  notification and enclose Maternity Policy and
  Information Pack
• School undertake Health and Safety Risk
  Assessment (form HSMS 30 on SLN) AND periodically
  review, making employee aware that they have a
  responsibility to alert their manager if they
  think their needs and/or the risks have changed
• School allow reasonable time off for appointments

27
MAT B1 and Next Actions

• Employee issued with MAT B1 at about 24 weeks
  School to encourage them to complete Maternity
  Pay Provision Form (Appendix 1 of Maternity
  Policy) and, if applicable, Local Government
  Pension Scheme
• Declaration (Appendix 2 of Maternity Policy),
  and submit them all to the school as soon as
  possible
• After noting employees option from Maternity Pay
  Provision Form, School to send employee relevant
  letter regarding confirming their maternity leave
  and entitlements (consult Maternity Policy)
• School to forward information to Payroll as soon
  as possible and no later than 28 days before the
  commencement of Maternity leave

28
Commencing Maternity Leave

• Advise Payroll of any changes to the paperwork
  already submitted (i.e. if the baby is born early
  or there is a change to their start of maternity
  leave date) to avoid overpayments and undue
  stress for employee
• Employee may not commence maternity leave earlier
  than 11 weeks before expected week of
  childbirth (EWC), but can work up until the date
  of birth without losing out on any entitlement to
  SMP payments or suffering any reduction in
  payments
• Maternity leave will start on whichever date is
  the earlier of
• the employees chosen start date
• the day after the employee gives birth or
• the day after any day on which the employee is
  absent for a pregnancy-related reason in the four
  weeks before the expected week of childbirth

29
During Maternity Leave

• Up to 10 Keep in Touch occasions (KIT)
• A KIT does not have to be a whole or normal
  working day
• Pay for a KIT will not be for a normal day and
  will be paid the following month
• School should keep employee updated on school
  matters and developments balance of informing
  but not being intrusive!
• If employee wants to return before the one year
  is up then they must give the School 28 days
  notice, but the school may wish to contact at
  about 39 weeks to see if the employee wishes to
  say when they plan to return but no requirement
  on employee to say and school must be careful not
  to pressure

30
HR Services for Schools
Human Resources Services

• Pension Auto Enrolment
• October 2013 - update
• Karen Melville
• Group HR Manager

31
How are we doing?......

• Staging Date for those who share our PAYE was
  the 1st May 2013
• Monthly monitoring now underway letters sent to
  employees and e-mails to schools to keep them
  informed
• Any questions or concerns please let Karen know

32
Not implemented yet...................

• Schools going Live 2014 contact Karen 6 months
  prior to go live date as we will need to
  understand your proposed implementation approach
• Free support for those that buy our HR service,
  includes advice and guidance in terms or your
  implementation approach and template letters
• As part of the Payroll Service we can run test
  reports to help you understand financial
  implications of the proposed changes
• After your implementation date, we can provide
  payroll reports to assist with end of month
  monitoring. For those that buy our HR service, we
  can also prepare and send the letters to staff
• Any questions or concerns, please contact Karen

33
Any Questions or FeedbackKaren Melville01702
534615karenmelville_at_southend.gov.uk
34
HR Services for Schools

• Teachers Strike
• October 2013

35
Strike Action 1st October 2013

• National dispute over pay, pensions, working
  conditions and jobs - NASUWT and NUT followed up
  from action short of strike action and national
  strike likely this term
• Advice issued to all Heads by Director for People
  on steps to take
• ascertain likely impact
• risk assessment
• consider whether school can remain open for
  pupils
• if not likely, consult CoG discuss with Jane
  Theadom
• information to parents
• advise staff of implications for them
• Provide data to the Local Authority

36
Strike Action 1st October 2013 - Notification

• Information needed by Ed Spacey for DfE
  proforma 2 attached to letter/on SLN in Word
• If not sent in, please do so straight away
  edwardspacey_at_southend.gov.uk
• Payroll advice proforma attached to letter/on SLN
  in Word may be sent as an email attachment to
  schoolspayroll_at_southend.gov.uk
• Please ensure a signed paper copy ALSO returned
  to payroll by 5th November 2013 in order for
  deduction to be made from November salary

37
HR Services for Schools

• School Teachers Pay and Conditions Document 2013
  
• and Model Pay Policy
• October 2013

38
School Teachers Pay and Conditions Document 2013

• Final Version issued at the last moment
• Mostly as expected
• Please note from 1st September 2013
• there are no ASTs
• the 250 UQT payment ceases
• TLR 3s for part timers NOT pro rata

39
School Teachers Pay and Conditions Document 2013

• For all Maintained Schools (Community, Foundation
  and VA) there are rules about what Additional
  Payments may be paid to Classroom Teachers
• Payments cannot be made outside of these rules
• Details are set out in the Handout Advice Note
  Additional Payments to Classroom Teachers,
  October 2013

40
Southend-on-Sea Model Teachers Pay Policy

• Final Version 1d on SLN please check its
  this version which is being used
• Pay rates all set out in tables at the back of
  the Policy
• Pay progression for September 2013 on previous
  basis
• Pay progression for September 2014 MUST be based
  on performance - so have targets been set and is
  evidence going to be available?

41
Southend-on-Sea Model Teachers Pay Policy UPPER
RANGE

•  

UPPER Pay SCALE for Teachers 2012 UPPER Pay RANGE for Teachers 2013
Point and salary Point and salary with pay award of September 2013 applied
UPS1 34,181 Minimum (UPR 1) 34,523
UPR 2 35,163
UPS 2 35,447 UPR 3 35,802
UPR 4 36,462
UPS3 36,756 Maximum (UPR 5) 37,124
42
Southend-on-Sea Model Teachers Pay Policy UPPER
RANGE

• Upper Range has 5 points so progress possible
  every year (old UPS had 3 with progress every 2
  years)
• This means that teachers on UPS 1 in August 2013
  could progress in September 2013, if successful
  in application to progress, even if only one year
  on UPS 1
• The same applies to teachers on UPS 2 in August
  2013
•  

43
Academic year 2011/12 Academic year 2012/13 Under previous provisions in Sept 2013 Under new provisions in Sept 2013
Main Scale 6 UPS1 (equivalent of new upper range 1) Would not have progressed for a year and then, if successful in application, progress to old UPS 2 (equivalent of new upper range 3) Upper Range 2 if successful in application to progress
UPS1 UPS1 (equivalent of new upper range 1) If successful in application, progress to old UPS 2 (equivalent of new upper range 3) Upper Range 3 if successful in application to progress
UPS1 UPS2 (equivalent of new upper range 3) Would not have progressed for a year and then, if successful in application, progress to old UPS 3 (equivalent of new upper range 5) Upper Range 4 if successful in application to progress
UPS2 UPS2 (equivalent of new upper range 3) If successful in application, progress to old UPS 3 (equivalent of new upper range 5) Upper Range 5 if successful in application to progress

•  

44
HR Services for Schools

• Payroll update
• October 2013

45
Apprentices

• Apprentices in Community Schools must
• be on an official Scheme with a college
• be paid the National Apprenticeship rate
• have a contract which is standard Single Status
  except pay and hours (available on SLN)
• OR be paid the Job Evaluation rate for the job
  and have a standard Single Status contract
• Other schools should be careful of equal pay
  issues
• All Apprentices are employees and subject to Tax,
  NI and Pension like anyone else!

46
Teachers Salary Award 2013

• Teachers pay rise has been processed, TLRs and
  SEN have been increased and the 250 UQT payment
  ceased
• Please note that we have not increased any
  pensionable allowances by the 1, should  you
  wish them to be increased then we need a Pay 2
  form for each teacher
• We would ask that you check the details on the
  interrogate and let us know of any discrepancies/
  changes that need to be addressed

47
Non Teaching Staff Salary Award 2013 and term
time calculation

• Non - teaching NJC pay rise has been processed
  and back pay paid
• Please note that, under the NJC provisions,
  Spinal Column Point 4 is obsolete from 1.10.13
  and any staff on this payscale will automatically
  move to SCP 5 with an increment to SCP 6 on
  1.4.14
• Details of the calculation of Non - teaching
  staff term time are set out in the Handout
  Advice Note Community School Single Status
  term time, public holiday, annual leave and
  extra statutory days calculation for
  Non-teaching staff, October 2013

48
National Minimum Wage and Apprenticeship Rate

• For all schools from 1st October 2013 the
  national hourly rate for apprentices increases
  from 2.65 to 2.68
• For all non- Community Schools the national
  minimum wage hourly rates (if paying less than
  NJC rates) from 1st October 2013 are
• adult rate for those aged 21 or over increases
  from 6.19 to 6.31
• for those aged 18 or more but under 21 it
  increases from 4.98 to 5.03
• for 16 and 17 year olds, it increases from 3.68
  to 3.72
• Community Schools pay more than national
  minimum wage because of Single Status agreement
  and NJC rates

49
Payroll Dates

• Payroll deadline for November is the 7th
• Payroll deadline for December is Monday 2nd
• Please could we ask you to ensure that all
  paperwork is with us by these dates, we are
  unable to guarantee anything to be processed that
  is received after these dates and any payments
  that may be due, will not be able to be made
  until the following month.
• Payday for December is Friday 20th

50
Payroll Tips of the Term!

• Please remember to destroy any stocks of P46s and
  instead download the Starter Checklist from the
  HRMC website at www.hmrc.gov.uk/working/forms/pay
  e-forms.htm6
• Please advise Payroll of any long term sickness
  staff that return to work the day they return as
  this will affect their pay
• It is important that we are advised of any
  changes to the paperwork already submitted to
  Payroll showing a maternity leave date (i.e. if
  the baby is born early or there is a change to
  their start of maternity leave date) to avoid
  overpayments and undue stress for the mum to be.

51
HR Services for Schools

• Employee Benefits
• October 2013

52
Essex Savers net Credit Union Ltd(1)

• From August staff were able join Essex Savers net
  Credit Union Ltd, a financial co-operative that
  is owned and controlled by its members with the
  aim of helping members save and borrow money
• Initial set up fee of 5 but thereafter staff can
  pay in as much as they wish each month direct
  from their salary

53
Essex Savers net Credit Union Ltd(2)

• Essex Savers is covered by the Financial Services
  Compensation Scheme and therefore promoted as a
  safe place to save
• More information
• info_at_essexsavers.co.uk
• www.essexsavers.co.uk

54
Cycle2work scheme

• Working in partnership with Halfords, this scheme
  allows employees to lease a new bike and,
  providing the main use of the bike is for
  commuting to work, they will incur no tax or
  National Insurance on the benefit
• The next period will be November 2013 and details
  will be sent out

55
HR Services for Schools

• Health and Safety update
• October 2013

56
General Health and Safety Update

• DfE have produced model policy which we will use
  to review Borough Model overarching School
  Policy
• We want to review HS training including the use
  of e-learning and possibly providing training on
  school sites as well as using Tickfield
  comments and suggestions welcome

57
HR Services for Schools

• Human Resources updates
• October 2013

58
Employment Caselaw - Selection for Redundancy

• LGA report that in Mental Health Care (UK) Ltd v
  (1) Biluan (2) Makati the EAT held that
  dismissals following a redundancy exercise were
  unfair, principally because employees had been
  assessed on the basis of competency assessment
  exercises used for recruitment and no account had
  been taken of their past performance.
• ...this case does not mean the end to
  competency assessments in redundancy exercises,
  although extra thought will need to be given as
  to whether the proposed assessment method is the
  right one for the exercise in question, and how
  the information it generates could be
  supplemented, and moderated, as appropriate.
• The Model Redundancy Policy does not rely on
  competency assessment exercises used for
  recruitment

59
Employment Caselaw - covert video surveillance

• LGA report that in City and County of Swansea v
  Gayle the EAT held that the employers use of to
  establish whether an employee was playing squash
  when he should have been at work was legitimate.
• There were arguments as to whether the Council
  had acted within the Information Commissioners
  Employment Practices Data Protection Code (the
  Code), which deals with duties under the Data
  Protection Act 1998.
• Although in its decision the tribunal stressed
  that compliance with the Code was not the central
  issue in this case, that does not mean the Code
  should not be considered by employers considering
  covert surveillance, as it provides useful
  guidance on the law in this area.
• Before using any covert monitoring (whether set
  up for the purpose of checking staff or set up
  for other reasons but capturing evidence), the
  provisions of the Code and of the Regulation of
  Investigatory Powers Act 2000 (RIPA) should be
  checked

60
TUPE

• LGA report that the Government has responded to
  its consultation on changes to the Transfer of
  Undertakings (Protection of Employment)
  Regulations 2006 (TUPE)
• The draft regulations which will implement the
  changes will be published in December 2013, and
  press reports indicate they will be brought into
  force in January 2014, although this has not been
  formally confirmed.

61
Third Party Harassment Repeal of Equality Act
2010 Employee Liability

• The provisions in the Equality Act 2010, which
  provide that an employer can be liable for the
  harassment of one of its employees by a third
  party if it fails to take reasonably practicable
  steps to prevent it, are repealed from 1st
  October 2013
• LGA comment that, despite the repeal,
  authorities will of course wish to continue to
  ensure that its employees are protected so far as
  reasonably practicable from such behaviour. It is
  also worth bearing in mind that the removal of
  this specific statutory provision does not mean
  that employers will be free from any claims
  against them for harassment by third parties.

62
HR Services for Schools

• Dates for your diary
• October 2013

63
HR Briefings 2013/14

• Fraud Awareness
• 2nd December 2013
• 2pm to 3.30pm, Tickfield, Darwin Room
• Audit and HR briefing do you look after your
  cash, assets and financial systems appropriately?
  What do you do if you suspect there may be a
  problem?
• Important for all schools
• Community Schools Single Status Briefing
• 15th January 2014
• 1pm to 3.00pm, Tickfield, Seacole Room
• Important Payroll and HR information session on
  the pay, allowances and job evaluation
  requirements of this legally biding agreement
• Essential for Community Schools but other
  schools may attend if interested
• HR Services Updates
• 27th February 2014 AND
• 21st May 2014
• Both 1pm to 3.30pm, Tickfield, Darwin Room
• Termly information session on HR, Payroll and
  Health and Safety developments
• For all schools
•