HR Services for Schools
Schools Update and Workshop
11th October 2013
AGENDA
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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
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
Fraud & Corruption,
Whistleblowing & Money
Laundering
Linda Everard, Head of Internal Audit
October 2013
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)
Anti Fraud & Corruption (AF&C)
 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)
AF&C Good Governance
AF&C 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
AF&C Roles and Responsibilities
 Everyone:
– Act with integrity
– Understand the school’s fraud risks
– Comply with the school’s procedures and
processes
– Declare any potential conflicts of interest
– Do not accept gifts or hospitality or record
them
– HIGHLIGHT ANY CONCERNS
AF&C Report it
 Report your suspicions or potential concerns to the
Council’s Counter Fraud Team:
– On 01702 215254
– via counterfraud@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 Council’s Chief
Executive or Chair of the Audit Committee via 01702
215101
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!
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 school’s behalf
 Applies to employees, workers or
contractors
 Makes clear harassment or victimisation
people raising such concerns won’t be
tolerated and is a disciplinary offence
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 Council’s Head of Internal Audit
regarding any financial issues raised
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.
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 don’t panic!
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
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)
 Don’t investigate it – tell the MLRO ASAP
 Don’t ‘tip off’ the person you suspect
ML Report it
 The Money Laundering Reporting Officer
(MLRO) is the Council’s Fraud Manager
 Contact via:
– Counter Fraud Team on 01702 215254
– E-mail: counterfraud@southend.gov.uk
 The MLRO will notify:
– relevant people at the school and Council
– the Serious Organised Crime Agency
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?
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?
Contact details
 Linda Everard
 Head of Internal Audit & Counter Fraud
 Southend Borough Council
 Tel: 01702 534015
 Mobile: 07827 348375
 E-mail: lindaeverard@southend.gov.uk
HR Services for Schools
Safeguarding - DBS
and Borough update
October 2013
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
Using the DBS Online Update Service
 If the person is registered, after viewing the original
DBS Certificate, with the individual’s 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
HR Services for Schools
Maternity Leave –
employees going on
maternity
October 2013
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
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 employee’s 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
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:
o the employee’s chosen start date;
o the day after the employee gives birth; or
o 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
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
HR
Services
for Schools
Human
Resources
Services
Pension Auto Enrolment
October 2013 - update
Karen Melville
Group HR Manager
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
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
Any Questions or Feedback
Karen Melville
01702 534615
karenmelville@southend.gov.uk
HR Services for Schools
Teachers Strike
October 2013
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:
o
o
o
o
o
o
o
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
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@southend.gov.uk
 Payroll advice proforma attached to letter/on
SLN in Word may be sent as an email
attachment to schoolspayroll@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
HR Services for Schools
School Teachers Pay
and Conditions
Document 2013
and Model Pay Policy
October 2013
School Teachers Pay and Conditions
Document 2013
 Final Version issued “at the last
moment”
 Mostly as expected
 Please note from 1st September
2013:
o there are no ASTs
o the £250 UQT payment ceases
o TLR 3s for part timers NOT pro rata
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”
Southend-on-Sea Model Teachers Pay
Policy
 Final Version “1d” on SLN – please check it’s
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?
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
UPS 2
£35,447
UPS3
£36,756
Minimum (UPR 1)
£34,523
UPR 2
£35,163
UPR 3
£35,802
UPR 4
£36,462
Maximum (UPR 5)
£37,124
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
Academic Academic
year
year
2011/12
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 Upper Range 2
year and then, if successful in
if successful in
application, progress to old UPS 2 application to progress
(equivalent of new upper range 3)
UPS1
UPS1
If successful in application,
(equivalent
progress to old UPS 2
of new upper (equivalent of new upper range 3)
range 1)
UPS1
UPS2
(equivalent
of new upper
range 3)
UPS2
UPS2
If successful in application,
(equivalent
progress to old UPS 3
of new upper (equivalent of new upper range 5)
range 3)
Upper Range 3
if successful in
application to progress
Would not have progressed for a Upper Range 4
year and then, if successful in
if successful in
application, progress to old UPS 3 application to progress
(equivalent of new upper range 5)
Upper Range 5
if successful in
application to progress
HR Services for Schools
Payroll update
October 2013
Apprentices
 Apprentices in Community Schools must
o be on an official Scheme with a college
o be paid the National Apprenticeship rate
o 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!
Teachers Salary Award 2013
 Teachers pay rise has been processed,
TLR’s 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
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”
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:
o
o
o
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
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
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/paye-forms.htm#6
 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.
HR Services for Schools
Employee Benefits
October 2013
Essex Savers net Credit Union Ltd(1)
 From August staff were able join Essex
Savers net Credit Union Ltd, a financial cooperative 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
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@essexsavers.co.uk
www.essexsavers.co.uk
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
HR Services for Schools
Health and Safety
update
October 2013
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 H&S training
including the use of e-learning and
possibly providing training on school
sites as well as using Tickfield –
comments and suggestions welcome
HR Services for Schools
Human Resources
updates
October 2013
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
Employment Caselaw - covert video
surveillance
 LGA report that in City and County of Swansea v Gayle the EAT held
that the employer’s 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 Commissioner’s 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
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.
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.”
HR Services for Schools
Dates for your diary
October 2013
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