mat as an employer - hr and employment conference for school leaders 2016
TRANSCRIPT
HR conference for school leadersMAT 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 schoolsBenefits 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 schoolThere 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 auditYou may wish to carry out a personal file audit:
Compliance and Consistency
File Personal details Recruitment Payroll
Contractual information
and variationsAbsence 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
ResultsOngoin
g Monitor
ing
Example people goals
Develop capability across the MAT to ensure excellent teaching and learningEffective structures and work force planning in place to deliver our priorities Development of MAT-wide policies and procedures
Your action plan - 1Goal Objective Purpose , details and action Target
datesLead
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 - 2Goal Objective Purpose , details and action Target
datesLead
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 - 3Goal Objective Purpose , details and action Target
datesLead
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 PrincipalHR AND OPERATIONS
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/proceduresReport – 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. neverB. when there is an ETO reasonC. when the change is unconnected to the transferD. after 2 years
Impact of TUPEAny 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 applyWhat 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 harmonisationDismissal 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 BUTPossible 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 protec
tion
Existing T&Cs
Existing staff
TUPE protec
tion
Existing T&Cs
New joiners
No TUPE protecti
on
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 policiesNeed to consult on introducing new policiesConsult 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 repsSuggest 2-4 weeks for consultation on changing policiesConsider issues raised and respond before implementation
New schools joining the MAT
Setting out your intentionsIn 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 noteThe 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 Addai0115 976 [email protected]
Eleanor Drabble0161 300 [email protected]