1. schoolbusinessservices.co.uk HR, Payroll & Finance briefing Clare Druce – Head of HR School Business Services Jo Blair – Independent Lead HR Consultant Lisa Kelly – Finance & Business Manager Mandy Gardiner - Head of PW Payroll Solutions

2. schoolbusinessservices.co.uk Introduction Schools HR/Employment Law Impact of the Leave Vote Teachers’ Terms and Conditions Document 2016 Keeping Children Safe in Education Tax Free Child Care Trade Union Act 2016 Immigration Act 2016 Small Business, Enterprise and Employment Act Counter Terrorism Bill/Prevent Agenda Payroll & Finance National Minimum Wage Auto Enrolment Contracting out Apprenticeship Levy

3. schoolbusinessservices.co.uk EU Referendum What does it mean for HR? Well….not a lot for a while! Many of our employment rights are from the EU A brave government to take them away! However… Free movement of workers to a points based system? TUPE – unpopular and bureaucratic Employment Tribunal process stop in this country Unpopular EU case law overturned e.g. complicated decisions around holiday pay

4. schoolbusinessservices.co.uk Tax Free Childcare 2017 Eligible parents can open an online account administered via GOV.UK Not employer-led Rolled out to parents of youngest children first Government will top-up 20% of the costs For children up to the age of 12 (17 if the child has a disability) Eligibility - each parent must earn over £115 per week and less than £100,00 per year Available to self-employed parents Current employer schemes will remain open to new entrants until April 2018 and continue indefinitely Anyone can pay into the account and you can pay more in one month than others https://www.gov.uk/government/news/tax-free-childcare-10-things-parents-should- know

5. schoolbusinessservices.co.uk Trade Union Act 2016 …to ensure that people are only ever disrupted by industrial action when it is supported by a reasonable proportion of union members. Must have ballot turn out of 50% of members For important public services an additional threshold of 40% of all eligible voters must vote in favour Notice of action to the employer has increased from 7 days to 14 days Sets a 6 month (9 if agreed) time limit for industrial action (ASSA) Clear description of the dispute on the ballot paper Transparent process for new entrants to start paying subscriptions Transparency and greater accountability for use of public money for facilities time Payroll deductions for subscriptions are only administered where the cost is not funded by the public Government wanted to allow employers to use agency staff to cover strikes but this is not in the Act

6. schoolbusinessservices.co.uk Immigration Act 2016 ….tougher approach to illegal working and exploitation of vulnerable workers Tighter controls on illegal working Extension of criminal offence of employing an illegal worker (‘actual knowledge of’ to ‘reasonable cause to believe’) New offence of illegal working Strengthen enforcement against worker-exploitation Director of Labour Market Enforcement Charging employers for recruitment outside of EEA ‘Immigration Skills Charge’ - £1,000 for workers via the Tier 2 points-based system Increase in minimum salary threshold A new language fluency requirement for public sector employees Workers in customer facing roles must speak English with “a sufficient degree of fluency to do their jobs effectively” To be set out in a code of practice Employer will need a complaints procedure in place

7. schoolbusinessservices.co.uk The Small Business, Enterprise & Employment Act Equal pay transparency – gender pay gap reporting Private and voluntary sector employers with at least 250 employees to publish information, annually, for the purposes of showing any differences in pay by gender. Non-compliance penalty will be a fine Protected Disclosures - reporting requirements Require certain prescribed persons to report annually on disclosures they receive To ensure all claims are at least investigated Penalty for failure to pay ET awards and reduce postponements Exclusivity in zero hours contracts Benefit vs abuse Cap on public sector exit payments to £95,000 To prevent high earner who have had pay-offs returning to the public sector

8. schoolbusinessservices.co.uk Counter Extremism Bill Under the Government's ‘Prevent Duty’ Prevent radicalisation Pre-employment check against a person’s extremist activity

9. schoolbusinessservices.co.uk Teachers’ Terms and Conditions Document 2016 What to expect…. Government’s policy for public sector pay in 2016-17, is for an average award of 1%. Some staff could receive more than 1% while others could receive less, but that there should not be an expectation that every employee will receive a 1% award. Additional flexibilities for schools and incentives to recognise performance Salary sacrifice scheme for advance rental deposits Allowing teachers within schools to step down from UPS

10. schoolbusinessservices.co.uk Keeping Children Safe in Education 2016 Effective from 5th September 2016 What school staff should know and do Safeguarding is everyone's responsibility Part 1 - ‘read and understand’ changed to ‘mechanisms are in place to assist staff to understand and discharge their role and responsibility’. Staff training and updates “All staff members should receive appropriate safeguarding and child protection training which is regularly updated. In addition all staff members should receive safeguarding and child protection updates (for example, via email, e-bulletins and staff meetings), as required, but at least annually, to provide them with relevant skills and knowledge to safeguard children effectively”. Whistleblowing The NSPCC whistleblowing helpline is available for staff who do not feel able to raise concerns regarding child protection failures internally.

11. schoolbusinessservices.co.uk Keeping Children Safe in Education 2016 Online safety Pro-active filtering and monitoring should be in place But not over blocking which might place ‘unreasonable restrictions on what children can be taught’ Safer recruitment All governors need an enhanced DBS check Teacher Services System – check barred teachers from the EEA Section 128 check for management roles Prohibition check must be completed for everyone engaged in ‘teaching work’ whether qualified or not Agency staff must check the person presenting themselves is the person the agency has vetted https://www.nspcc.org.uk/globalassets/documents/information-service/briefing- updated-statutory-guidance-schools-england-keeping-children-safe-education-2016.pdf

12. schoolbusinessservices.co.uk Payroll Update Mandy Gardiner - Head of PW Payroll Solutions

13. schoolbusinessservices.co.uk National Minimum Wage/Living Wage Current rates Be careful of apprentices Must keep “sufficient records” to prove you’re paying NMW What does “sufficient” mean? Burden of proof on the employer

14. schoolbusinessservices.co.uk NMW & record keeping Records Total pay paid to employees The hours they have worked Overtime, shifts or increased rates of pay Details of any allowances paid to workers Any deductions or payments for living accommodation Any tips or gratuities Absences Travel/subsistence Bank statements to verify payments made Contracts and agreements Exemption from NMW documents Any calculations used for average daily pay & associated agreements

15. schoolbusinessservices.co.uk NMW & deductions from pay Must be agreed in writing Stated in the contract Statutory payment to a public authority Earlier overpayment Tax and NI Repayment of a loan or advance of wages Buying shares within the business Accommodation provided by the employer Employee chosen deduction e.g. pension/salary sacrifice/student loan

16. schoolbusinessservices.co.uk Auto Enrolment Auto enrolment has been in place for LGPS & TPs for a long time They are considered qualifying schemes by the Regulator Employees who opt out of LGPS or TP fall into auto enrolment legislation But the regulators accept they will mostly opt out of auto enrolment as well They are classed as “eligible or non-eligible job holders” They don’t have to be auto enrolled until the next staging date (3 yrs) If they haven’t opted out they need to through the enrolment process

17. schoolbusinessservices.co.uk Contracting out Has been implemented Remember to build this into your budgets LGPS & TP salary sacrifice schemes for pension?????