MAT as an employer - HR and employment conference for school leaders 2016

Browne Jacobson LLP
Browne Jacobson LLPNational law firm à Browne Jacobson LLP
HR conference for school leaders
MAT as an employer workshop
MAT as an employer
Your people strategy including employment terms and harmonisation
Emily Addai, Solicitor, Browne Jacobson LLP
Eleanor Drabble, HR Consultant, Browne Jacobson LLP
11 October 2016
Agenda
• Developing as “one employer”
• Developing your people strategy
• Decision making in a MAT
• Legal issues
– harmonising T&Cs
– changing T&Cs
– changing HR policies
• New schools joining the MAT
Developing as “one
employer”
MAT as “one employer”
MAT is the employer not the individual schools
Benefits of “one employer” approach
– ensures fairness and consistency
– reduces risks of tribunal claims and grievances
– creates a cohesive workforce
– creates a shared culture and vision
The common journey to a MAT
Lead school MAT
New school
joins
New school
joins
How do you
ensure “one
employer”
in this
model?
New school joins
Schools within the MAT
Because different schools are likely to have different:
• cultures
• ways of working
• policies, rules and practices
• structures and levels of accountability
Need to consider how to address these issues
Issues for the lead school
There are also going to be issues for the lead school:
• headteacher may become the CEO/Executive HT so may not
be around all the time (impact on the lead school)
• staff may move to support new schools (impact on lead
school and the employees)
Your work programme
Creating “one employer” does take time - decide your priorities:
• audit of current issues (what is going on?)
• deal with capability/legacy issues (legacy performance issues
may be key)
• check processes are robust across the MAT
• create a set of MAT- wide HR policies/contracts
HR audit
You may wish to carry out a personal file audit:
Compliance and Consistency
File
Personal
details
Recruitment Payroll
Contractual
information
and variations
Absence Accidents Training
Employment
procedures
Termination
of
employment
RAG
Rating
1
2
Single Central Record checklist
Type of check What must be recorded on the SCR Tick to confirm
Identity checks
 Name (forename and surname), Address, Date of birth, Date employment started,
Position held, What evidence has been seen, by whom and the date
DBS check with barred list check where a person
will be engaging in regulated activity
 Evidenced By
 Date Check Completed (the date entered on the cleared DBS disclosure)
 DBS disclosure number (given on the cleared DBS disclosure).
Checks to confirm the right to work in the UK
 The evidence seen to verify this right
 The date the evidence was seen and by whom.
 For those with limited leave to remain/work in the UK, the SCR must also record
any relevant expiry dates and the most recent date the evidence was checked.
Verify professional qualifications
 Whether or not a qualification is a legal requirement for the post
 If so, what the required qualification is
 The date which evidence was seen and by whom.
 If the post does not require a qualification enter’ N/A’.
Additional checks where the appointee has lived
or worked outside the UK
in one location for 6 months or longer in the last 5
years
 Whether or not any additional check(s) was required
 If so, evidence of additional checks carried out
 The date the check(s) was undertaken
 Who carried out the check(s)
Prohibition from teaching check
 Date Evidenced, Date Completed (the date the prohibition check was carried out
and confirmed), Evidenced By’ (who carried out the check)
 Within the ‘Notes’ box either of the following: ‘No active sanction’ for those that
have no sanctions and ‘Active sanction’ for those that have any further
information.
Barred List Checks
 Date Evidence Seen, Evidenced By, Date Check Completed
If carried out as part of the DBS then these dates should reflect those recorded for the
DBS Disclosure.
Section 128 check
(management positions only) – academies only
 Evidenced By
 Date Check Completed
You will want to check each school’s SCR
Issues with “one employer”
• TUPE obligations
• Schools joining from different local authorities
• Schools joining MATs at different times
• Union issues
Developing a people
strategy
How will you manage your people?
How do you get from A to B?
A. What type
of employer
are you?
B. What type
of employer
do you want to
be as a MAT?
What is a people strategy?
Allows you to:
• address school/academy priorities through people-related
activities
• set people goals (what you want to achieve)
• develop an action plan of activities (what you will do to
achieve the goals)
• track progress on meeting the goals (how well you are
doing)
Allows you to integrate schools in to the MAT
Your people strategy
School
strategy
People
strategy
School vision
School
values
School
priorities and
objectives
School
improvement
plan
People goals
Action plan Results
Ongoing
Monitoring
Example people goals
Business as usual
Develop capability across the MAT to
ensure excellent teaching and learning
Effective structures and work force
planning in place to deliver our priorities
Development of MAT-wide policies and
procedures
Your action plan - 1
Goal Objective Purpose , details and action Target
dates
Lead
1 . Develop
capability
across the MAT
to ensure
excellent/
effective
teaching and
learning
Effective
performance
management in
place
Implement Trust-
wide appraisal
process for
support staff
Improve
leadership
capability across
the organisation
Concerns with performance are dealt with
consistently and in a timely manner across the
Trust. Support is put in place and action taken to
deal with poor performance.
Robust but fair and consistent process in place
across all schools in the MAT that is supportive yet
deals with issues in a timely manner.
Identify areas of concern and put in place
strategies to improve leadership including training,
mentoring and dealing with poor leadership
performance
Your action plan - 2
Goal Objective Purpose , details and action Target
dates
Lead
2. Effective
structures
and work
force
planning in
place to
deliver our
priorities
Review of
organisational
structures
Workforce plan
To ensure fit for purpose structure, that are able to
deliver flexibility and opportunities for
development. Carry out a review of [teaching,
support, leadership] structures to identify
efficiencies. Consider TUPE issues as part of
consideration
Develop a plan that sets out what roles are needed
in the Trust, how many and what skills are
required to ensure the best possible education for
our students
Your action plan - 3
Goal Objective Purpose , details and action Target
dates
Lead
3.
Development
of MAT-wide
policies and
procedures
HR policies – fit for
purpose
Improve
communications
between academies
Consistent ways of
working across the
Trust (operating
procedures)
Policies are legally compliant and reflect what we
want to achieve as an employer and help us
achieve success. Revised policies are consulted on
and implemented
Develop effective ways to improve
communications methods both within and across
the schools to improve employee engagement in
the organisation and better ways of working
Audit decision making and procedures in the
schools and set out a MAT-wide agreed approach
to operating procedures to ensure consistency
Decision making in a
MAT
Who makes decisions in the MAT?
Hiring and firing
• but there may be other discretionary powers that you may
wish to make at a Trust-wide level for example extension of
sick pay
• need to determine the role of The Board v local governing
bodies
Trustees Executive Principal LGB Principal
HRANDOPERATIONS
Appointing of cross-Trust Staff
(in line with recruitment policy)
Review of process Appoint and report to
the Board
Appointing Academy Staff Appoint (in consultation with
the Principal)
Recommend (or in
some cases appoint)
Establishing Trust wide HR
Policies
Determine the policies
Review of policies and
application
Comply – will follow
agreed policies
Review of policies and
application
Comply – will follow
agreed policies
Dismissing all non-senior staff Review of process
Report – to the Board
Review of process (in
consultation with the
Executive Principal )
Comply – will follow agreed
policies/procedures
Report – to the Executive
Principal
Comply – will follow
agreed
policies/procedures
Setting Terms and Conditions of
Employment
Determine – and
consider any proposals
by LGBs to make
amendments
Recommend Consult - report to Board on
any suggested changes to
the Academy’s terms and
conditions
Comply – will follow
agreed
policies/procedures
Some examples
Legal issues
Harmonising terms and conditions
• Impact of TUPE
• Risks in not harmonising
• Equal pay v TUPE
Question: join in with sli.do #BJHR16
If there is a TUPE transfer, when can
you change terms and conditions?
A. never
B. when there is an ETO reason
C. when the change is unconnected to the transfer
D. after 2 years
Impact of TUPE
Any changes to employees' terms will be void if the sole or principal
reason for the change is the transfer itself. However, contractual
variations will be permitted if:
a) the sole or principal reason is an economic, technical or
organisational reason entailing changes in the workforce (an
‘ETO reason’) and the employer and employee agree that
variation; or
b) the contract allows the employer to make that variation.
May also be permitted where the changes are part of a wider
reorganisation (which is nothing to do with the transfer).
No fixed period of time beyond which harmonisation can take place
without it being treated as resulting from the transfer.
Harmonisation and TUPE
Putting all employees that transfer into the MAT on a MAT
contract is what is known as ‘harmonisation’.
• likely to be because of the transfer
• unlikely to be ETO reason
What if the changes are beneficial to the employees?
• principles of TUPE still apply
What if the employee agrees?
• still likely to be because of the transfer (and therefore void)
• the employee could challenge the change later and seek to rely
on the old contract
Options for harmonisation
Dismissal and reengagement
• automatically unfair dismissal
• settlement agreement?
Seek agreement
• how different are the Trust’s terms from the terms they
have inherited?
• unions?
Risks in not harmonising
Workforce may be on different terms where they have
transferred in from:
• different Local Authorities;
• another Academy Trust or Multi Academy Trust
• a service provider e.g. catering or cleaning
Good record keeping required
Equal pay v TUPE
Potential risk
BUT
Possible defence
• the employees are on different terms because the Trust
has inherited those terms
• the difference is not because of gender
Consider whether there are areas of particular risk
Changing terms and conditions
New staff
(TUPE
transfer)
TUPE
protection
Existing
T&Cs
Existing staff
TUPE
protection
Existing
T&Cs
New joiners
No TUPE
protection
New
standard
T&Cs
Existing staff
(promotions)
TUPE
protection
for existing
terms only
Offer new
standard
T&Cs
Changing terms and conditions
• Changing standard T&Cs
• Consider what terms you want to offer e.g.
• redundancy payments
• sick pay
• maternity pay
• Recruitment risks
Changing HR policies
• TUPE will not apply if the policies are not contractual
• How to check?
• What can you do if they are?
• How to change non-contractual HR policies – This would
amount to normal “business change”
Consulting on new HR policies
• Need to consult on introducing new policies
• Consult with employees and recognised trade unions - in line
with your recognition document (if you have one)
• Depending on whether your MAT is based in one local
authority area, then you will either consult with area or
national trade union reps
• Suggest 2-4 weeks for consultation on changing policies
• Consider issues raised and respond before implementation
New schools joining
the MAT
Setting out your intentions
In the Section 13 “measures” letter – set out that new schools
joining the MAT will with immediate effect be subject to
MAT’s suite of HR policies:
– “ No Ordinary Multi Academy Trust has developed,
following consultation, a suite of HR policies that apply to
all academies across the Trust. This ensures a fair and
consistent approach to the management of people issues.
These policies would apply to all schools joining the
Trust from the date of their conversion”.
What about ongoing issues?
Question: join in with sli.do #BJHR16
Does your MAT currently have a centralised
function, such as admin team or finance team?
• yes
• no
Question: join in with sli.do #BJHR16
Is your MAT considering centralising any
functions?
• yes
• no
Restructuring new schools joining the MAT
Centralised
teams?
When should
restructuring
be carried out?
TUPE Retaining on
site resources?
Redundancy
pooling
Any questions?
Further information
www.brownejacobson.com/education
Please note
The information contained in these notes is based on the position at March 2016 . It does, of course, only represent a summary of
the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the
matters covered in further detail, our team would be happy to do so.
© Browne Jacobson LLP 2016. Browne Jacobson LLP is a limited liability partnership.
Contact us
Emily Addai
0115 976 6501
emily.addai@brownejacobson.com
Eleanor Drabble
0161 300 8023
eleanor.drabble@brownejacobson.com
1 sur 43

Recommandé

Pay and reward - HR and employment conference for school leaders 2016 par
Pay and reward - HR and employment conference for school leaders 2016Pay and reward - HR and employment conference for school leaders 2016
Pay and reward - HR and employment conference for school leaders 2016Browne Jacobson LLP
263 vues21 diapositives
Horizon scanning - HR and employment conference for school leaders 2016 par
Horizon scanning - HR and employment conference for school leaders 2016Horizon scanning - HR and employment conference for school leaders 2016
Horizon scanning - HR and employment conference for school leaders 2016Browne Jacobson LLP
256 vues17 diapositives
Employment law update - HR and employment conference for school leaders 2016 par
Employment law update - HR and employment conference for school leaders 2016Employment law update - HR and employment conference for school leaders 2016
Employment law update - HR and employment conference for school leaders 2016Browne Jacobson LLP
362 vues26 diapositives
Keeping children safe in education update - HR and employment conference for ... par
Keeping children safe in education update - HR and employment conference for ...Keeping children safe in education update - HR and employment conference for ...
Keeping children safe in education update - HR and employment conference for ...Browne Jacobson LLP
328 vues31 diapositives
Restructuring to balance the books or centralise services - HR and employment... par
Restructuring to balance the books or centralise services - HR and employment...Restructuring to balance the books or centralise services - HR and employment...
Restructuring to balance the books or centralise services - HR and employment...Browne Jacobson LLP
801 vues35 diapositives
Performance related pay - HR and employment law in education conference 2015,... par
Performance related pay - HR and employment law in education conference 2015,...Performance related pay - HR and employment law in education conference 2015,...
Performance related pay - HR and employment law in education conference 2015,...Browne Jacobson LLP
371 vues24 diapositives

Contenu connexe

Tendances

Make or Break -Getting apprenticeship reform right for small businesses par
Make or Break -Getting  apprenticeship reform right  for small businesses Make or Break -Getting  apprenticeship reform right  for small businesses
Make or Break -Getting apprenticeship reform right for small businesses Caron Kendall
112 vues11 diapositives
How to Manage Under-Performing Staff par
How to Manage Under-Performing StaffHow to Manage Under-Performing Staff
How to Manage Under-Performing StaffHannah Roche
735 vues14 diapositives
Insights from the OECD’s work on early childhood education and care par
Insights from the OECD’s work on early childhood education and careInsights from the OECD’s work on early childhood education and care
Insights from the OECD’s work on early childhood education and careOECD CFE
1.7K vues19 diapositives
Kevin Green at UK Recruiter Recruitment Conference 2013 par
Kevin Green at UK Recruiter Recruitment Conference 2013Kevin Green at UK Recruiter Recruitment Conference 2013
Kevin Green at UK Recruiter Recruitment Conference 2013ukrecruiter
1.1K vues22 diapositives
Linares chptr. 3 yellow book par
Linares chptr. 3 yellow bookLinares chptr. 3 yellow book
Linares chptr. 3 yellow bookEtowah High School
284 vues24 diapositives
Greater together barriers and feedback par
Greater together barriers and feedbackGreater together barriers and feedback
Greater together barriers and feedbackAppenticeship
337 vues11 diapositives

Tendances(13)

Make or Break -Getting apprenticeship reform right for small businesses par Caron Kendall
Make or Break -Getting  apprenticeship reform right  for small businesses Make or Break -Getting  apprenticeship reform right  for small businesses
Make or Break -Getting apprenticeship reform right for small businesses
Caron Kendall112 vues
How to Manage Under-Performing Staff par Hannah Roche
How to Manage Under-Performing StaffHow to Manage Under-Performing Staff
How to Manage Under-Performing Staff
Hannah Roche735 vues
Insights from the OECD’s work on early childhood education and care par OECD CFE
Insights from the OECD’s work on early childhood education and careInsights from the OECD’s work on early childhood education and care
Insights from the OECD’s work on early childhood education and care
OECD CFE1.7K vues
Kevin Green at UK Recruiter Recruitment Conference 2013 par ukrecruiter
Kevin Green at UK Recruiter Recruitment Conference 2013Kevin Green at UK Recruiter Recruitment Conference 2013
Kevin Green at UK Recruiter Recruitment Conference 2013
ukrecruiter1.1K vues
Greater together barriers and feedback par Appenticeship
Greater together barriers and feedbackGreater together barriers and feedback
Greater together barriers and feedback
Appenticeship337 vues
Economic Benefits of Early Childhood Programs par OECD CFE
Economic Benefits of Early Childhood ProgramsEconomic Benefits of Early Childhood Programs
Economic Benefits of Early Childhood Programs
OECD CFE1K vues
Business Planning In Educational Institutions par Ketoki
Business Planning In Educational InstitutionsBusiness Planning In Educational Institutions
Business Planning In Educational Institutions
Ketoki30K vues
NCCET July Webinar - CE Entrepreneurship – Walk the Talk par NCCET
NCCET July Webinar - CE Entrepreneurship –  Walk the TalkNCCET July Webinar - CE Entrepreneurship –  Walk the Talk
NCCET July Webinar - CE Entrepreneurship – Walk the Talk
NCCET285 vues
Apprenticeships in the VCSE sector presentation par CANorfolk
Apprenticeships in the VCSE sector presentationApprenticeships in the VCSE sector presentation
Apprenticeships in the VCSE sector presentation
CANorfolk341 vues

Similaire à MAT as an employer - HR and employment conference for school leaders 2016

Education law conference, March 2017 - London - Restructuring top tips par
Education law conference, March 2017 - London - Restructuring top tipsEducation law conference, March 2017 - London - Restructuring top tips
Education law conference, March 2017 - London - Restructuring top tipsBrowne Jacobson LLP
78 vues26 diapositives
Hr policy hrm lecture par
Hr policy  hrm lectureHr policy  hrm lecture
Hr policy hrm lectureabir hossain
93 vues32 diapositives
Webinar - Pay Transparency Legislation Series Ep 9 par
Webinar - Pay Transparency Legislation Series Ep 9Webinar - Pay Transparency Legislation Series Ep 9
Webinar - Pay Transparency Legislation Series Ep 9PayScale, Inc.
546 vues33 diapositives
Sponsors & growing MATs - HR and employment law in education conference 2015,... par
Sponsors & growing MATs - HR and employment law in education conference 2015,...Sponsors & growing MATs - HR and employment law in education conference 2015,...
Sponsors & growing MATs - HR and employment law in education conference 2015,...Browne Jacobson LLP
554 vues18 diapositives
Human resource management unit 4 par
Human resource management unit 4Human resource management unit 4
Human resource management unit 4Quality Cognition Private Limited
1.5K vues59 diapositives
Education law conference, March 2017 - Nottingham - Restructuring top tips par
Education law conference, March 2017 - Nottingham - Restructuring top tipsEducation law conference, March 2017 - Nottingham - Restructuring top tips
Education law conference, March 2017 - Nottingham - Restructuring top tipsBrowne Jacobson LLP
91 vues26 diapositives

Similaire à MAT as an employer - HR and employment conference for school leaders 2016(20)

Education law conference, March 2017 - London - Restructuring top tips par Browne Jacobson LLP
Education law conference, March 2017 - London - Restructuring top tipsEducation law conference, March 2017 - London - Restructuring top tips
Education law conference, March 2017 - London - Restructuring top tips
Webinar - Pay Transparency Legislation Series Ep 9 par PayScale, Inc.
Webinar - Pay Transparency Legislation Series Ep 9Webinar - Pay Transparency Legislation Series Ep 9
Webinar - Pay Transparency Legislation Series Ep 9
PayScale, Inc.546 vues
Sponsors & growing MATs - HR and employment law in education conference 2015,... par Browne Jacobson LLP
Sponsors & growing MATs - HR and employment law in education conference 2015,...Sponsors & growing MATs - HR and employment law in education conference 2015,...
Sponsors & growing MATs - HR and employment law in education conference 2015,...
Education law conference, March 2017 - Nottingham - Restructuring top tips par Browne Jacobson LLP
Education law conference, March 2017 - Nottingham - Restructuring top tipsEducation law conference, March 2017 - Nottingham - Restructuring top tips
Education law conference, March 2017 - Nottingham - Restructuring top tips
Education law conference, March 2017 - Manchester - Restructuring: top tips par Browne Jacobson LLP
Education law conference, March 2017 - Manchester - Restructuring: top tipsEducation law conference, March 2017 - Manchester - Restructuring: top tips
Education law conference, March 2017 - Manchester - Restructuring: top tips
HR policy in HRm at BIM (lecture_03 class) par abir hossain
HR policy in HRm at BIM  (lecture_03 class)HR policy in HRm at BIM  (lecture_03 class)
HR policy in HRm at BIM (lecture_03 class)
abir hossain321 vues
Introduction to hrm par anjitjha
Introduction to hrmIntroduction to hrm
Introduction to hrm
anjitjha97 vues
Managing Employment Practices Liability par bethpatrick
Managing Employment Practices LiabilityManaging Employment Practices Liability
Managing Employment Practices Liability
bethpatrick384 vues
Introduction to Staffing - An Essential Human Resources Function - Aditya Das... par Aditya Dasgupta
Introduction to Staffing - An Essential Human Resources Function - Aditya Das...Introduction to Staffing - An Essential Human Resources Function - Aditya Das...
Introduction to Staffing - An Essential Human Resources Function - Aditya Das...
Aditya Dasgupta1.1K vues
Education law conference, March 2017 - London - Is your recruitment strategy ... par Browne Jacobson LLP
Education law conference, March 2017 - London - Is your recruitment strategy ...Education law conference, March 2017 - London - Is your recruitment strategy ...
Education law conference, March 2017 - London - Is your recruitment strategy ...
Performance Management - Herman Augnis par Preeti Bhaskar
Performance Management - Herman Augnis Performance Management - Herman Augnis
Performance Management - Herman Augnis
Preeti Bhaskar1.9K vues
My ppt @ becdoms on human resource management par Babasab Patil
My ppt @ becdoms on human resource managementMy ppt @ becdoms on human resource management
My ppt @ becdoms on human resource management
Babasab Patil949 vues
Making Flexible Work a Success SSA release Dec 2011 par Robin Mullen
Making Flexible Work a Success SSA release Dec 2011Making Flexible Work a Success SSA release Dec 2011
Making Flexible Work a Success SSA release Dec 2011
Robin Mullen643 vues
Performance Management and Employee Motivation par davidhfox
Performance Management and Employee MotivationPerformance Management and Employee Motivation
Performance Management and Employee Motivation
davidhfox7.4K vues

Plus de Browne Jacobson LLP

Employment law update - Browne Jacobson Exeter - 06 February 2020 par
Employment law update - Browne Jacobson Exeter - 06 February 2020Employment law update - Browne Jacobson Exeter - 06 February 2020
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
330 vues33 diapositives
Exclusions: keeping you informed par
Exclusions: keeping you informed Exclusions: keeping you informed
Exclusions: keeping you informed Browne Jacobson LLP
248 vues26 diapositives
Procurement workshop training slides - Birmingham session par
Procurement workshop training slides - Birmingham sessionProcurement workshop training slides - Birmingham session
Procurement workshop training slides - Birmingham sessionBrowne Jacobson LLP
288 vues48 diapositives
Local authority acquisition and disposal of land - July 2019 par
Local authority acquisition and disposal of land - July 2019Local authority acquisition and disposal of land - July 2019
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
533 vues43 diapositives
Your employees, their future employers, and your intellectual property - July... par
Your employees, their future employers, and your intellectual property - July...Your employees, their future employers, and your intellectual property - July...
Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
371 vues21 diapositives
Public Sector Planning Club - 4 July 2019 par
Public Sector Planning Club - 4 July 2019Public Sector Planning Club - 4 July 2019
Public Sector Planning Club - 4 July 2019Browne Jacobson LLP
241 vues115 diapositives

Plus de Browne Jacobson LLP(20)

Employment law update - Browne Jacobson Exeter - 06 February 2020 par Browne Jacobson LLP
Employment law update - Browne Jacobson Exeter - 06 February 2020Employment law update - Browne Jacobson Exeter - 06 February 2020
Employment law update - Browne Jacobson Exeter - 06 February 2020
Procurement workshop training slides - Birmingham session par Browne Jacobson LLP
Procurement workshop training slides - Birmingham sessionProcurement workshop training slides - Birmingham session
Procurement workshop training slides - Birmingham session
Local authority acquisition and disposal of land - July 2019 par Browne Jacobson LLP
Local authority acquisition and disposal of land - July 2019Local authority acquisition and disposal of land - July 2019
Local authority acquisition and disposal of land - July 2019
Your employees, their future employers, and your intellectual property - July... par Browne Jacobson LLP
Your employees, their future employers, and your intellectual property - July...Your employees, their future employers, and your intellectual property - July...
Your employees, their future employers, and your intellectual property - July...
Education Law Conference Manchester - Monday 10 June 2019 par Browne Jacobson LLP
Education Law Conference Manchester - Monday 10 June 2019Education Law Conference Manchester - Monday 10 June 2019
Education Law Conference Manchester - Monday 10 June 2019
Education Law Conference Exeter - Thursday 6 June 2019 par Browne Jacobson LLP
Education Law Conference Exeter - Thursday 6 June 2019Education Law Conference Exeter - Thursday 6 June 2019
Education Law Conference Exeter - Thursday 6 June 2019
Public sector planning club, February 2019, Nottingham par Browne Jacobson LLP
Public sector planning club, February 2019, NottinghamPublic sector planning club, February 2019, Nottingham
Public sector planning club, February 2019, Nottingham
Mental health, capacity and deprivation of liberty case law update, February ... par Browne Jacobson LLP
Mental health, capacity and deprivation of liberty case law update, February ...Mental health, capacity and deprivation of liberty case law update, February ...
Mental health, capacity and deprivation of liberty case law update, February ...

Dernier

Class 10 English lesson plans par
Class 10 English  lesson plansClass 10 English  lesson plans
Class 10 English lesson plansTARIQ KHAN
239 vues53 diapositives
Use of Probiotics in Aquaculture.pptx par
Use of Probiotics in Aquaculture.pptxUse of Probiotics in Aquaculture.pptx
Use of Probiotics in Aquaculture.pptxAKSHAY MANDAL
81 vues15 diapositives
AI Tools for Business and Startups par
AI Tools for Business and StartupsAI Tools for Business and Startups
AI Tools for Business and StartupsSvetlin Nakov
89 vues39 diapositives
Classification of crude drugs.pptx par
Classification of crude drugs.pptxClassification of crude drugs.pptx
Classification of crude drugs.pptxGayatriPatra14
65 vues13 diapositives
Compare the flora and fauna of Kerala and Chhattisgarh ( Charttabulation) par
 Compare the flora and fauna of Kerala and Chhattisgarh ( Charttabulation) Compare the flora and fauna of Kerala and Chhattisgarh ( Charttabulation)
Compare the flora and fauna of Kerala and Chhattisgarh ( Charttabulation)AnshulDewangan3
275 vues12 diapositives

Dernier(20)

Class 10 English lesson plans par TARIQ KHAN
Class 10 English  lesson plansClass 10 English  lesson plans
Class 10 English lesson plans
TARIQ KHAN239 vues
Use of Probiotics in Aquaculture.pptx par AKSHAY MANDAL
Use of Probiotics in Aquaculture.pptxUse of Probiotics in Aquaculture.pptx
Use of Probiotics in Aquaculture.pptx
AKSHAY MANDAL81 vues
AI Tools for Business and Startups par Svetlin Nakov
AI Tools for Business and StartupsAI Tools for Business and Startups
AI Tools for Business and Startups
Svetlin Nakov89 vues
Compare the flora and fauna of Kerala and Chhattisgarh ( Charttabulation) par AnshulDewangan3
 Compare the flora and fauna of Kerala and Chhattisgarh ( Charttabulation) Compare the flora and fauna of Kerala and Chhattisgarh ( Charttabulation)
Compare the flora and fauna of Kerala and Chhattisgarh ( Charttabulation)
AnshulDewangan3275 vues
Community-led Open Access Publishing webinar.pptx par Jisc
Community-led Open Access Publishing webinar.pptxCommunity-led Open Access Publishing webinar.pptx
Community-led Open Access Publishing webinar.pptx
Jisc69 vues
Narration lesson plan.docx par TARIQ KHAN
Narration lesson plan.docxNarration lesson plan.docx
Narration lesson plan.docx
TARIQ KHAN99 vues
Scope of Biochemistry.pptx par shoba shoba
Scope of Biochemistry.pptxScope of Biochemistry.pptx
Scope of Biochemistry.pptx
shoba shoba121 vues
Lecture: Open Innovation par Michal Hron
Lecture: Open InnovationLecture: Open Innovation
Lecture: Open Innovation
Michal Hron95 vues
Education and Diversity.pptx par DrHafizKosar
Education and Diversity.pptxEducation and Diversity.pptx
Education and Diversity.pptx
DrHafizKosar107 vues

MAT as an employer - HR and employment conference for school leaders 2016

  • 1. HR conference for school leaders MAT as an employer workshop
  • 2. MAT as an employer Your people strategy including employment terms and harmonisation Emily Addai, Solicitor, Browne Jacobson LLP Eleanor Drabble, HR Consultant, Browne Jacobson LLP 11 October 2016
  • 3. Agenda • Developing as “one employer” • Developing your people strategy • Decision making in a MAT • Legal issues – harmonising T&Cs – changing T&Cs – changing HR policies • New schools joining the MAT
  • 5. MAT as “one employer” MAT is the employer not the individual schools Benefits of “one employer” approach – ensures fairness and consistency – reduces risks of tribunal claims and grievances – creates a cohesive workforce – creates a shared culture and vision
  • 6. The common journey to a MAT Lead school MAT New school joins New school joins How do you ensure “one employer” in this model? New school joins
  • 7. Schools within the MAT Because different schools are likely to have different: • cultures • ways of working • policies, rules and practices • structures and levels of accountability Need to consider how to address these issues
  • 8. Issues for the lead school There are also going to be issues for the lead school: • headteacher may become the CEO/Executive HT so may not be around all the time (impact on the lead school) • staff may move to support new schools (impact on lead school and the employees)
  • 9. Your work programme Creating “one employer” does take time - decide your priorities: • audit of current issues (what is going on?) • deal with capability/legacy issues (legacy performance issues may be key) • check processes are robust across the MAT • create a set of MAT- wide HR policies/contracts
  • 10. HR audit You may wish to carry out a personal file audit: Compliance and Consistency File Personal details Recruitment Payroll Contractual information and variations Absence Accidents Training Employment procedures Termination of employment RAG Rating 1 2
  • 11. Single Central Record checklist Type of check What must be recorded on the SCR Tick to confirm Identity checks  Name (forename and surname), Address, Date of birth, Date employment started, Position held, What evidence has been seen, by whom and the date DBS check with barred list check where a person will be engaging in regulated activity  Evidenced By  Date Check Completed (the date entered on the cleared DBS disclosure)  DBS disclosure number (given on the cleared DBS disclosure). Checks to confirm the right to work in the UK  The evidence seen to verify this right  The date the evidence was seen and by whom.  For those with limited leave to remain/work in the UK, the SCR must also record any relevant expiry dates and the most recent date the evidence was checked. Verify professional qualifications  Whether or not a qualification is a legal requirement for the post  If so, what the required qualification is  The date which evidence was seen and by whom.  If the post does not require a qualification enter’ N/A’. Additional checks where the appointee has lived or worked outside the UK in one location for 6 months or longer in the last 5 years  Whether or not any additional check(s) was required  If so, evidence of additional checks carried out  The date the check(s) was undertaken  Who carried out the check(s) Prohibition from teaching check  Date Evidenced, Date Completed (the date the prohibition check was carried out and confirmed), Evidenced By’ (who carried out the check)  Within the ‘Notes’ box either of the following: ‘No active sanction’ for those that have no sanctions and ‘Active sanction’ for those that have any further information. Barred List Checks  Date Evidence Seen, Evidenced By, Date Check Completed If carried out as part of the DBS then these dates should reflect those recorded for the DBS Disclosure. Section 128 check (management positions only) – academies only  Evidenced By  Date Check Completed You will want to check each school’s SCR
  • 12. Issues with “one employer” • TUPE obligations • Schools joining from different local authorities • Schools joining MATs at different times • Union issues
  • 14. How will you manage your people? How do you get from A to B? A. What type of employer are you? B. What type of employer do you want to be as a MAT?
  • 15. What is a people strategy? Allows you to: • address school/academy priorities through people-related activities • set people goals (what you want to achieve) • develop an action plan of activities (what you will do to achieve the goals) • track progress on meeting the goals (how well you are doing) Allows you to integrate schools in to the MAT
  • 16. Your people strategy School strategy People strategy School vision School values School priorities and objectives School improvement plan People goals Action plan Results Ongoing Monitoring
  • 17. Example people goals Business as usual Develop capability across the MAT to ensure excellent teaching and learning Effective structures and work force planning in place to deliver our priorities Development of MAT-wide policies and procedures
  • 18. Your action plan - 1 Goal Objective Purpose , details and action Target dates Lead 1 . Develop capability across the MAT to ensure excellent/ effective teaching and learning Effective performance management in place Implement Trust- wide appraisal process for support staff Improve leadership capability across the organisation Concerns with performance are dealt with consistently and in a timely manner across the Trust. Support is put in place and action taken to deal with poor performance. Robust but fair and consistent process in place across all schools in the MAT that is supportive yet deals with issues in a timely manner. Identify areas of concern and put in place strategies to improve leadership including training, mentoring and dealing with poor leadership performance
  • 19. Your action plan - 2 Goal Objective Purpose , details and action Target dates Lead 2. Effective structures and work force planning in place to deliver our priorities Review of organisational structures Workforce plan To ensure fit for purpose structure, that are able to deliver flexibility and opportunities for development. Carry out a review of [teaching, support, leadership] structures to identify efficiencies. Consider TUPE issues as part of consideration Develop a plan that sets out what roles are needed in the Trust, how many and what skills are required to ensure the best possible education for our students
  • 20. Your action plan - 3 Goal Objective Purpose , details and action Target dates Lead 3. Development of MAT-wide policies and procedures HR policies – fit for purpose Improve communications between academies Consistent ways of working across the Trust (operating procedures) Policies are legally compliant and reflect what we want to achieve as an employer and help us achieve success. Revised policies are consulted on and implemented Develop effective ways to improve communications methods both within and across the schools to improve employee engagement in the organisation and better ways of working Audit decision making and procedures in the schools and set out a MAT-wide agreed approach to operating procedures to ensure consistency
  • 22. Who makes decisions in the MAT? Hiring and firing • but there may be other discretionary powers that you may wish to make at a Trust-wide level for example extension of sick pay • need to determine the role of The Board v local governing bodies
  • 23. Trustees Executive Principal LGB Principal HRANDOPERATIONS Appointing of cross-Trust Staff (in line with recruitment policy) Review of process Appoint and report to the Board Appointing Academy Staff Appoint (in consultation with the Principal) Recommend (or in some cases appoint) Establishing Trust wide HR Policies Determine the policies Review of policies and application Comply – will follow agreed policies Review of policies and application Comply – will follow agreed policies Dismissing all non-senior staff Review of process Report – to the Board Review of process (in consultation with the Executive Principal ) Comply – will follow agreed policies/procedures Report – to the Executive Principal Comply – will follow agreed policies/procedures Setting Terms and Conditions of Employment Determine – and consider any proposals by LGBs to make amendments Recommend Consult - report to Board on any suggested changes to the Academy’s terms and conditions Comply – will follow agreed policies/procedures Some examples
  • 25. Harmonising terms and conditions • Impact of TUPE • Risks in not harmonising • Equal pay v TUPE
  • 26. Question: join in with sli.do #BJHR16 If there is a TUPE transfer, when can you change terms and conditions? A. never B. when there is an ETO reason C. when the change is unconnected to the transfer D. after 2 years
  • 27. Impact of TUPE Any changes to employees' terms will be void if the sole or principal reason for the change is the transfer itself. However, contractual variations will be permitted if: a) the sole or principal reason is an economic, technical or organisational reason entailing changes in the workforce (an ‘ETO reason’) and the employer and employee agree that variation; or b) the contract allows the employer to make that variation. May also be permitted where the changes are part of a wider reorganisation (which is nothing to do with the transfer). No fixed period of time beyond which harmonisation can take place without it being treated as resulting from the transfer.
  • 28. Harmonisation and TUPE Putting all employees that transfer into the MAT on a MAT contract is what is known as ‘harmonisation’. • likely to be because of the transfer • unlikely to be ETO reason What if the changes are beneficial to the employees? • principles of TUPE still apply What if the employee agrees? • still likely to be because of the transfer (and therefore void) • the employee could challenge the change later and seek to rely on the old contract
  • 29. Options for harmonisation Dismissal and reengagement • automatically unfair dismissal • settlement agreement? Seek agreement • how different are the Trust’s terms from the terms they have inherited? • unions?
  • 30. Risks in not harmonising Workforce may be on different terms where they have transferred in from: • different Local Authorities; • another Academy Trust or Multi Academy Trust • a service provider e.g. catering or cleaning Good record keeping required
  • 31. Equal pay v TUPE Potential risk BUT Possible defence • the employees are on different terms because the Trust has inherited those terms • the difference is not because of gender Consider whether there are areas of particular risk
  • 32. Changing terms and conditions New staff (TUPE transfer) TUPE protection Existing T&Cs Existing staff TUPE protection Existing T&Cs New joiners No TUPE protection New standard T&Cs Existing staff (promotions) TUPE protection for existing terms only Offer new standard T&Cs
  • 33. Changing terms and conditions • Changing standard T&Cs • Consider what terms you want to offer e.g. • redundancy payments • sick pay • maternity pay • Recruitment risks
  • 34. Changing HR policies • TUPE will not apply if the policies are not contractual • How to check? • What can you do if they are? • How to change non-contractual HR policies – This would amount to normal “business change”
  • 35. Consulting on new HR policies • Need to consult on introducing new policies • Consult with employees and recognised trade unions - in line with your recognition document (if you have one) • Depending on whether your MAT is based in one local authority area, then you will either consult with area or national trade union reps • Suggest 2-4 weeks for consultation on changing policies • Consider issues raised and respond before implementation
  • 37. Setting out your intentions In the Section 13 “measures” letter – set out that new schools joining the MAT will with immediate effect be subject to MAT’s suite of HR policies: – “ No Ordinary Multi Academy Trust has developed, following consultation, a suite of HR policies that apply to all academies across the Trust. This ensures a fair and consistent approach to the management of people issues. These policies would apply to all schools joining the Trust from the date of their conversion”. What about ongoing issues?
  • 38. Question: join in with sli.do #BJHR16 Does your MAT currently have a centralised function, such as admin team or finance team? • yes • no
  • 39. Question: join in with sli.do #BJHR16 Is your MAT considering centralising any functions? • yes • no
  • 40. Restructuring new schools joining the MAT Centralised teams? When should restructuring be carried out? TUPE Retaining on site resources? Redundancy pooling
  • 43. Please note The information contained in these notes is based on the position at March 2016 . It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so. © Browne Jacobson LLP 2016. Browne Jacobson LLP is a limited liability partnership. Contact us Emily Addai 0115 976 6501 emily.addai@brownejacobson.com Eleanor Drabble 0161 300 8023 eleanor.drabble@brownejacobson.com

Notes de l'éditeur

  1. Now you have to name a CEO
  2. The file may be ordered in the following way   Personal details Paper information form (Updated annually) - SIMS DBS Barred list check Prohibition check (teaching posts only) Photo ID (also to show right to work in UK) Visa and immigration documentation (if applicable)   Recruitment Application Form References x2 Proof of QTS Medical clearance Qualifications Interview notes Job description at time of appointment Letter of offer   Payroll Bank details Pension   Contractual Documents and Variations o Letters re: promotion o Letters of pay increments o All job descriptions including most up to date o All contracts including most up to date • Absence o Medical certificates and self certificates o Return to work meetings o Maternity / paternity o Compassionate leave • Accidents o Record of any accidents at work and confirmation of accident reporting • Training and Policies o Induction (signed) o Record of courses attended o ICT agreement (signed) o Safeguarding agreement (signed) • Employment Procedures o Appraisal documents o Records of action taken under the disciplinary, capability or sickness procedures o Relevant correspondence / notes • Termination of employment o Letter of resignation o Reply letter o Copies of references supplied o Termination interview record
  3. You may also include: Section 128 Direction Disqualification by association Medical clearance References
  4. Joining MATs at different times e.g. if policies have been reviewed across the MAT, the difference between existing MAT schools and new joiners may be more obvious Union issues – be mindful of consultation arrangements in place at your school
  5. Hiring and firing (this may move to the Board/governors when previously done by the headteacher)
  6. Consult: the individual/group that should be consulted as part of the process of completing a particular task. Deliver: the individual/group that has responsibility for undertaking the particular task delegated to them and reporting on its delivery at suitable intervals. In the case of the Executive Principal this will be at Trust level. In the case of the Principal this will be at Academy level. Determine: the individual/group that has primary responsibility for ensuring the particular task is completed and determining how the Trust and/or Academies (as appropriate) should undertake the task including determining appropriate milestones and targets to be reported against. Develop: the individual/group that has responsibility for developing proposals relating to a task for discussion and approval by the appropriate decision-making individual/group. Recommend: the individual/group that should make recommendations as to how a particular task should be completed. In the case of (i) the Executive Principal they will be making recommendations to the Board and/or LGB (as appropriate), (ii) the LGB they will be making recommendations in relation to their Academy to the Board, Executive Principal and/or Principal (as appropriate) and (iii) the Principal they will be making recommendations in relation to their Academy to the Executive Principal and/or LGB (as appropriate).   Report: the individual/group that has responsibility for reporting on the delivery of tasks. In the case of (i) the Executive Principal they will be making reports to the Board and/or LGB (as appropriate, (ii) the LGB they will be making reports in relation to their Academy to the Board and/or Executive Principal (as appropriate) and (iii) the Principal they will be making reports in relation to their Academy to the Executive Principal and/or LGB (as appropriate). Review: the individual/group that has responsibility for reviewing whether a particular task is being carried out satisfactorily and where appropriate requiring action to be taken to ensure task is delivered appropriately. In the case of (i) the Board they will be reviewing the Executive Principal and/or LGB (as appropriate), (ii) the Executive Principal they will be reviewing the Principal and (iii) the LGB they will be reviewing the Principal and his leadership team. Comply: the individual/group will follow agreed policies and procedures.
  7. This is of limited benefit in practice but would, for example, include any variation arising from a change in location amounting to a redundancy (e.g. a variation to provide for the new place of work). In these circumstances, the contract could be varied by agreement to provide for the new location to be the new place of work. b) Even where a contract allows for changes to be made, you should look at exactly what changes are allowed to be made. For example: Is it subject to changes being reasonable? Are only certain parts of the contract able to be changed unilaterally? However, please be aware that even though these changes may not be void, it may still entitle the transferring employee to resign where it involves a substantial change in their terms and conditions to their material detriment. Equally, if changes are made beyond those permitted in the contract, not only could they be considered void, but there is a risk that the employee could say that the Trust is committing a breach of their contract of employment and resign and claim constructive dismissal. Causal link may be harder to establish the longer the period from the transfer, but in each case it will be a question of fact whether the causal link exists. Changes 2 years post transfer have been held to be in connection with the transfer and therefore void.
  8. The courts have confirmed that a variation in order to bring a transferring employees’ terms in line with terms of a transferee’s existing employees (i.e. harmonisation) is by reason of the transfer and therefore void. ETO reason – Economic, technical or organisational reason entailing changes to the workforce – workforce will usually remain largely if not entirely the same. In these circumstances, an employee may for instance continue working under the old terms or may resign and treat themselves as being constructively dismissed. Any such dismissal would be automatically unfair. Changes that are entirely more beneficial to the employee than their previous terms are still void under TUPE, but less likely to be challenged. Changes that are, overall more beneficial (i.e. as part of a package of changes, some of which are more beneficial and some of which would make the employee worse off) - they may be able to choose whichever pre-transfer or post-transfer terms are more beneficial to them. Where an employee agrees to the new terms they could later seek to rely on the old contract – as already mentioned they may be able to cherry pick the most beneficial terms for them.
  9. Dismissal and reengagement Risky where employees have more than 2 years’ service, as the dismissal would be automatically unfair Could seek to enter into a settlement agreement, but where employees have more than 2 years’ service, they may want substantial compensation in exchange for this Agreement Differences between the terms are likely to make a difference as to whether staff will agree to them or not. The fact that an employee agrees with these changes in principal reduces the risk of them seeking to challenge the terms of their employment in a Tribunal, particularly where changes are more beneficial to the employee. It also makes it less likely that they will want to resign to claim constructive dismissal. Unions may seek to challenge any changes to existing terms and conditions for their members. This may affect whether or not employees are likely to agree to the new terms.
  10. Could even be a combination of these i.e. there may have been 2 or 3 TUPE transfers in the past Although this could create a two (or more) tier workforce, this in itself may not be a problem. The Trust should ensure they keep good records so that they know which staff are on which terms.
  11. Areas of risk - are there members of staff who are performing like work or work of equal value who are paid more than others?
  12. Harmonisation Bear in mind that, where new schools are transferred into the MAT, the members of staff will have TUPE protection and the points raised regarding harmonisation will apply if the changes are to put the members of staff on Trust T&Cs. Changes to existing T&Cs after the transfer Where there are changes at some point after conversion/transfer which are still because of the transfer, then those changes would still be void. However, it is still possible to change T&Cs for staff who have TUPE protections where the changes are unconnected to the transfer. Also remember that this only applies to those employees who transferred – for new joiners to the Trust, the TUPE protection would not apply. It may be worth considering whether the Local Authority has also carried out the same changes e.g. paying TAs for weeks they work rather than all year round – still a risk of challenge under TUPE, but possible arguments that it is not connected to the transfer. Difficult for me to say what is/is not in connection with the transfer. Fact dependent – would have full discussion with you if you called us up for advice. Aside from TUPE, usual principles apply – often easiest to seek agreement to changes to existing T&Cs. The timing of these changes to existing terms and conditions may well be important. For example, if there is a change that is beneficial to staff, consider including it in a package with a term that is less beneficial. That way, employees are more likely to agree to both. If you put them forward separately, the employees may agree to the beneficial terms, but not the less beneficial ones. Changes to standard T&Cs MATs can make changes to their standard T&Cs for new staff joining the MAT (as TUPE would not apply to them) or where individuals are being promoted to new posts or have otherwise chosen to take on a new role. May want to get legal advice to ensure that any such changes are not because of the transfer. This can be the most simple way of putting all employees on the same terms and conditions. However, this will depend on staff turnover.
  13. New joiners and promotions/those who choose to take a new job. Risks – may have more difficulty recruiting if the terms they are offering are significantly worse than others in the local area.
  14. Check recognition agreement and/or school’s arrangements with unions which deal with what employment issues you are required to consult on and the extent of the consultation required
  15. Both the transferor and transferee must inform and (if it is proposed to take any "measures" in relation to employees) consult representatives of their own affected employees in relation to the transfer. If they fail to do so, an employment tribunal can award up to 13 weeks' actual pay for each affected employee. The question of consultation depends on: Whether there are any measures; Who is taking those measures; and Who is affected by those measures The duty to consult applies where one of the employers envisages measures in relation to its own staff. However, there would still be a duty to inform of any measures. Therefore, if a new school is joining your MAT, you should inform the employer at the school (e.g. LA if it is a community school) of any measures you intend to implement in connection with the transfer. You may want to consider the differences between the MAT’s policies and those currently in place at the incoming school – this may help with any questions from unions or staff. Ongoing issues e.g. disciplinary investigations – would recommend that these continue to be carried out under the previous policy.
  16. Centralised teams MATs may decide that it does not need separate teams in each of its schools (e.g. admin teams, finance teams etc) and that it would prefer one centralised team TUPE Dismissals where the sole or principal reason is the transfer are automatically unfair. However, a dismissal is potentially fair if an employer can show that the reason for the dismissal was an ETO reason. You should still follow a fair procedure. If you are aware of any changes that you intend to make once the new school has joined the MAT, this should be included as a measure and may trigger the obligation to consult When Each time a school joins the MAT, you will need to consider the implications of redundancy pooling and TUPE. As a result, you may prefer to wait to look at centralising support teams until you have a fairly stable base i.e. not many (if any) new schools looking to join. The benefit of this is that you can consider what structure suits your MAT the best on the basis of it’s current size. There may also be good members of staff in incoming schools that you would wish to retain. Once you have a central team in place, it would be sensible to work with any new schools before they join. For example, if there will need to be redundancies as a result of a school joining, you may be able to work with the current employer with a view to them entering into a settlement agreement with that employee. However, there are risks involved in this so suggest you get advice if looking to do this. Retaining resources You should consider whether there are any tasks that require someone physically on site. If so, ensure that there is a resource in the school to cover these issues. These tend to be points that would not be the central team but there is no-one else the in school to carry them out. Redundancy pooling Where a MAT has a central team and a new school joins, there are likely to be redundancies if the MAT has not already worked with the school in reaching settlements. The pool for a redundancy in these circumstances is unlikely to be limited to the employee(s) in the new school. Where the MAT has current staff carrying out the same or similar roles, it is arguable that these should be included in the pool too. However, if you have a number of new schools joining over a period of time, could create uncertainty for current staff and therefore affect employee relations.