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Schools Types

We have considerable understanding of the Education sector, always working in close partnership with you from day one - listening to your needs, developing proven solutions and then working together to put these solutions into action.

Academies

Employment of staff in Academies

  1. Academy staff can be employed on any terms and conditions. There are no statutory requirements in the various Education Acts that place limitations on the employment arrangements in academies, and the national terms and conditions for teachers and support staff do not have to be followed.
  2. Other than the employment law that applies to all employers in England and Wales there is little to prevent quite radical thinking with regard to the pay and conditions for academy staff.
  3. Staff who have transferred with TUPE rights have their terms and conditions protected if they transfer in the same post, unless there are economic, technical or organisational reasons to justify changing the terms.
  4. The Redundancy Payments Modification Order (RPMO) applies to Academies as they are funded by public funds and are still emanations of the state. If staff move from a school that is recognised by the RPMO to an academy, then continuity of service is preserved for redundancy pay purposes.
  5. Where a multi-academy sponsor has a number of academies across the country, they need to be able to justify any differences in pay for similar jobs across all academies to avoid potentially successful equal pay claims at tribunal. A central HR team or group will normally be set up to monitor pay and grading across the organisation; if not, it is recommended that new or changed posts are compared to existing posts when grades are decided - especially if a formal job evaluation scheme is not used to arrive at a grade.
  6. Academies are free to decide, for new staff and those where TUPE does not apply, in relation to support staff and teachers:
    1. The hours and weeks of work to be used as the base contract for a full timer.
    2. Normal working day and timetable arrangements for teachers and classroom based staff - including time to prepare, assess and mark pupils work.
    3. Holiday entitlement - subject to the statutory minimum of 28 days (including 8 bank holidays), for support staff and teachers.
    4. Time off for other reasons, subject to statutory minimum arrangements.
    5. Professional development and support with career development.
    6. Qualification requirements for particular posts.
    7. Pay arrangements - what pay scale? Or is it a pay point?  
    8. Do you pay honoraria for short term work at a higher level? If so, how is it worked out? When and to which posts does it apply? Does it have to be authorised? If so, by whom?
    9. If paid on a range of points, what process governs pay progression - i.e. is it automatic to progress within the range every year? Does it depend on performance or some other criteria? Who authorises progression?

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Community

Employment of Staff in Community and Community Special Schools

  1. In these schools, the Local Authority is the employer, and owns the land.
  2. The Local Authority determines the pay arrangements for support staff and establishes a fair mechanism for arriving at grading decisions. Most authorities employ staff in line with the NJC terms and conditions (or ‘Green Book’) and will have consulted unions on policy decisions in relation to the terms and conditions for staff - such as local agreements on payment of allowances, holidays and other leave. Community Schools must pay their support staff in line with the authority pay grades and use the mechanism for calculating part time and term time pay; the authority holiday scheme applies.
  3. Teachers are employed on the national terms and conditions as stated in the STPCD and the Burgundy Book.
  4. Where the authority recommends payment schemes for early retirement and/or redundancy, then community schools will usually be advised that if they choose to award more generous provisions they will need to fund it from the schools budget share. HR policies and procedures are recommended to the Governing Bodies of community schools and they have the delegated power to adopt or change them.
  5. As the Local Authority is the employer of staff in community schools, one factor for consideration is the potential for staff to claim equal pay with comparators across all schools in the authority, or with other staff employed by the organisation. Clearly in some large authorities this poses a real risk and some large compensation payments have been awarded to staff in recent years - 2000 to 2010. As a result of the risk of these claims, Local Authorities manage the grading of support staff posts proactively and advise schools if their proposed grades may create inequality for other schools maintained by the same authority.

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Community Special Schools

Employment of Staff in Community and Community Special Schools

  1. In these schools, the Local Authority is the employer, and owns the land.
  2. The Local Authority determines the pay arrangements for support staff and establishes a fair mechanism for arriving at grading decisions. Most authorities employ staff in line with the NJC terms and conditions (or ‘Green Book’) and will have consulted unions on policy decisions in relation to the terms and conditions for staff - such as local agreements on payment of allowances, holidays and other leave. Community Schools must pay their support staff in line with the authority pay grades and use the mechanism for calculating part time and term time pay; the authority holiday scheme applies.
  3. Teachers are employed on the national terms and conditions as stated in the STPCD and the Burgundy Book.
  4. Where the authority recommends payment schemes for early retirement and/or redundancy, then community schools will usually be advised that if they choose to award more generous provisions they will need to fund it from the schools budget share. HR policies and procedures are recommended to the Governing Bodies of community schools and they have the delegated power to adopt or change them.
  5. As the Local Authority is the employer of staff in community schools, one factor for consideration is the potential for staff to claim equal pay with comparators across all schools in the authority, or with other staff employed by the organisation. Clearly in some large authorities this poses a real risk and some large compensation payments have been awarded to staff in recent years - 2000 to 2010. As a result of the risk of these claims, Local Authorities manage the grading of support staff posts proactively and advise schools if their proposed grades may create inequality for other schools maintained by the same authority.

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Free Schools

Employment of Staff in Free Schools

  1. Free schools are established in a similar way to Academies - the Charitable Trust is the employer and they have similar freedoms to Academies in the way staff are employed. They will have been created by either transferring staff from an Independent school or by recruiting staff to a brand new school. This means they are unlikely to inherit the national pay and conditions of employment through the TUPE arrangements as many academies do.
  2. If staff have been transferred from an independent school then their terms and conditions will transfer with them through the TUPE arrangements unless the terms have been varied as part of the transfer for a fair Economic, Technical or Organisational (ETO) reason.
  3. If the Free School has been created as a brand new school then the trustees have the freedom to decide how best to employ the teachers and support staff. Although certain specialist teaching posts will require QTS, the Free School will have the freedom to appoint staff who can best deliver their vision so instructors and lecturers with FE qualifications may be more appropriate to deliver and facilitate learning.
  4. The pay scales for teachers and support staff will need to reflect the values of the organisation and staff could potentially all be paid on the same pay scale. It is important to be able to justify why each post is paid as it is compared to other school posts to avoid successful equal pay claims to Employment Tribunal.
  5. However, although the Free Schools have many freedoms as an employer, they have a legal duty to comply with Employment Law and to act in line with case law and good practice. The handbook has been created to ensure that schools have an easy reference guide to use when setting up the new employment arrangements and when queries arise regarding the employment of staff.
  6. Terms and conditions other than pay arrangements also need to be agreed - such as weekly hours of work; weeks of the year; holiday entitlement (beyond the 28 days statutory minimum); other time off in additional to the statutory minimum; job descriptions and the personal requirements for each post including qualifications.
  7. The trustees will need to decide what their policy is in relation to a whole range of things and the handbook will help a new school to consider how they wish to deal with each area of their responsibility. The delegated powers for making decisions related to employment of staff need to be agreed - for example: recruitment, dismissal, hearing grievances; these are all covered in our scheme of delegation which is available on the website.
  8. The legal duty to consult staff is another area which is covered in the handbook - suggesting ways to establish a staff consultation group in line with the legal requirements.

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Foundation Schools

Employment of Staff in Foundation Schools

  1. The School Staffing (England) Regulations 2009 outlines the statutory arrangements for the appointment and employment of staff in Voluntary Aided and Foundation schools at Part 3. These schools are still maintained by the Local Authority (LA) and the funding is provided by the DFE through the LA.
  2. Governing bodies in Foundation schools are the employer and have the freedom to adopt their own pay arrangements for support staff and their own HR policies and procedures.  As they are the employer, and not the local authority, comparisons cannot be drawn with staff in other establishments which might have implications for equal pay. Governors/Heads need to ensure that systems are in place that lead to transparent and fair treatment within the school/college, then any equal pay claims to tribunal are unlikely to succeed.
  3. Foundation schools pay teachers in line with the School Teachers Pay and Conditions Document (STPCD) which is agreed nationally by the National Employers Organisation for Schools Teachers (NEOST) consulting with the six professional associations for teachers.
  4. When appointing the Head teacher or the Deputy Headteacher, the Governors have a statutory duty to involve the Local Education Authority in the process - they must provide details of those teachers whom they intend to interview for the post of Head teacher and to consider any representations made by the Authority regarding those applicants. There is also guidance in the regulations regarding the method of advertising and recruitment for these posts.

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Foundation Trust Schools

Employment of Staff in Foundation Trust Schools

  1. These schools are established in a similar way to Foundation Schools but the school is ‘sponsored’ usually by a trust made up of local industry, FE and Higher Education establishments and other interested parties. In all other respects the employment arrangements are the same as for a Foundation School.

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Independent Schools

Employment of staff in Independent Schools

  1. The Board of Trustees or Governing Body is the employer in an independent school and the employment arrangements are the same as for an academy. However, there may be local agreements put in place by the employer if they own a number of schools under one umbrella organisation and in this case equal pay issues could arise across the organisation. Heads and Bursars should be aware of these issues when deciding on grades for new or changed posts, and consult colleagues or centrally based staff to check the grade of comparable posts.
  2. Independent schools are not required by law to employ teachers with Qualified Teacher Status and new teachers can only serve their induction year in certain authorised independent schools.
  3. The Redundancy Payments Modification Order (RPMO) does not apply to independent schools, and so if staff move from a school that is recognised by the RPMO to one that is not, then continuity of service is broken for redundancy pay purposes and for the purpose of some employment service terms - e.g. such as calculating entitlement to sick pay and (for support staff only) annual leave.
  4. These schools have complete freedom to appoint staff as they think fit, as long as they are employed in line with normal employment law provisions. Teachers in independent schools are often not employed on the national terms as specified in the School Teachers Pay and Conditions Document and the ‘Conditions of Service for School Teachers in England and Wales’ - the ‘Burgundy Book’. In some independent schools staff are employed on arrangements that take the national pay scales and some of the allowances from the national teachers pay and conditions as the basis for their pay scales. 
  5. In our handbook we have used the national pay and conditions as the basis of those documents that talk about pay arrangements - so for example the pay policy and the contract of employment for teachers use the school teachers pay and conditions document as the reference document. Each Independent school will have its own policy on pay and some of the terms in the contract and the policy documents in the handbook will need to be amended to suit the school policy.

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LA Maintained Schools

Maintained Schools

  1. Employment of staff in schools maintained by the Local Authority is governed by The School Staffing (England) Regulations 2009. The schools that are maintained by the
  2. Local Authority and funded mainly by central government are as follows:
    • Voluntary Aided (VA), Foundation, Foundation Trust and Foundation Special Schools
    • Voluntary Controlled (VC), Community and Community Special schools
  3. Maintained schools have had delegated budgets since 1998 and can choose to purchase HR and payroll services from organisations outside the LA. If local authority advice is not followed in relation to complex cases, then the authority may advise the school that they will not pay any compensation awarded by any potential tribunal claim. In these cases it is important for schools to check that any external HR provider will accept any liability for claims that may result from their advice. HC Associates is covered by Professional Indemnity Insurance to the maximum compensation payment of £1m.

Continuous Service

  1. Continuous service accrues if staff move from one maintained school to another - even if they are in separate local authorities or many miles away, some of the terms and conditions will transfer when they move to a new school. One such term is the calculation of continuous service for the purposes of calculating redundancy pay - as described in the Redundancy Payments Modification Order.

If you are a maintained school we can work in consultation with the Local Authority if you wish – to complement their HR services and manage a three way relationship.

Non Maintained Special Schools

Employment of Staff in Non Maintained Special Schools

  1. These schools are similar to an Independent School in that they are privately owned and run but they are established to meet the needs of young people with Special Educational Needs and they are non profit making. Their articles and instruments of government are agreed by the Secretary of State and almost all pupils are funded by various Local Authority clients.
  2. There is no state control over the employment of staff in these schools but many of them do employ staff on the national teacher’s pay scales and terms and conditions. The School Teachers Pay and Conditions Document is therefore used as a point of reference in the hand book (as is the case for Independent schools) but the terms and conditions can be adapted to suit the local policy.
  3. The decisions in relation to the employment of staff are usually delegated to the Headteacher or Principal although the employer could be the Governing Body or the Charitable Trust depending on the Articles and Instruments.

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Voluntary Aided Schools

Employment of Staff in Voluntary Aided Schools (VA schools)

  1. The School Staffing (England) Regulations 2009 outlines the statutory arrangements for the appointment and employment of staff in Voluntary Aided and Foundation schools at Part 3. These schools are still maintained by the Local Authority (LA) and the funding is provided by the DFE through the LA, although the land is owned by a charity, often a church.
  2. Governing bodies in VA schools are the employer and have the freedom to adopt their own pay arrangements for support staff and their own HR policies and procedures.  As they are the employer, and not the local authority or the Diocese, comparisons cannot be drawn with staff in other establishments which might have implications for equal pay. Governors/Heads need to ensure that systems are in place that lead to transparent and fair treatment within the school/college, then any equal pay claims to tribunal are unlikely to succeed.
  3. VA schools pay teachers in line with the School Teachers Pay and Conditions Document (STPCD) which is agreed nationally by the National Employers Organisation for Schools Teachers (NEOST) consulting with the Catholic Education Service, the Church of England and the six professional associations for teachers.
  4. When appointing the Head teacher or the Deputy Headteacher, the Governors have a statutory duty to involve the Local Education Authority in the process - they must provide details of those teachers whom they intend to interview for the post of Head teacher and to consider any representations made by the Authority regarding those applicants. There is also guidance in the regulations regarding the method of advertising and recruitment for these posts.
  5. In Voluntary Aided schools there is usually a requirement that the diocese is involved in any recruitment and dismissal decisions and they should be informed if such a situation arises.

Preview Handbook

Voluntary Controlled Schools

Employment of Staff in Voluntary Controlled Schools

  1. In a Voluntary Controlled School the school voluntarily gives control to the Local Authority and although the Charity appoints some of the Governors the authority is the employer.
  2. The Governance arrangements in a Voluntary Controlled School are the same as in a Community School but a religious organisation - often a Church owns the buildings and the land. In relation to the employment of staff all the arrangements in a community school apply here.

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  • Kelvin Hall

  • Pield Heath

  • St Marys School

  • St Johns School

  • Norton College

  • Radius Special Education

  • St Josephs

Contact Us

HC Associates Limited
26a New Walk
Beverley
East Riding of Yorkshire
HU17 7DJ

Tel: 01482 866534
enquiries@hcassociates.co.uk

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  • "Helen guided us through the complexities of taking over schools and gave us direction through the legislation and technical issues, with respect to establishing our first three Academies"

  • "They always go the extra mile to provide the help when we need it - I don't know how we would manage some of the complex HR cases as we do without their invaluable help"

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  • "Whilst still complying with employment and HR regulations we no longer feel tied down and heavily restricted by this thanks to the skills and knowledge we have at our side through HC Associates."