the education hr in the north west conference, january 2018 - top five hr risks and how to avoid...

The Education HR in the North West ConferenceJanuary 2018, ManchesterTop five HR Risks and how to avoid them

Session summary

Tips, tools and advice to avoidfalling foul of the top five HRrisks schools face

Risk 1 – Recruiting and retaining staff

• Research conducted by Grant Thornton (2016) estimate thatby 2020/21, an additional 13,800 teachers will be neededbut that the government has no long term plan to addressthe rising issue of teacher shortages.

• Schools are increasingly relying on supply staff.• In some schools up to 20% of teachers are supply teachers

from agencies (The Guardian, 2016).

Risk 1 – Recruiting and retaining staff

Why are so manyteachers leaving theprofession?

Sli.do – vote now

In a recent survey 42% percentage of teachers said that theyleft the profession due to what?

PayOpportunities to progress their careerPoor managementExcessive workloadPressure of inspections

Risk 1 – Recruiting and retaining staff

Risks:• Soaring recruitment costs• Lack of consistency• Negative effect on teaching and performance

“For the first time in my career I have had to‘settle’ for a weak candidate for a teachingpost because the alternative was to havenobody in front of the class”

Head teacher

Risk 1 – Recruiting and retaining staff

What can be done to recruit and retain staff?• Focus on the negative perception of the teaching

profession• Consider wellbeing initiatives• Plan a comprehensive induction process• Train and develop your employees• Develop a strategy for succession planning• Find out why staff stay, not just why they leave• Be clear about expectations

Risk 2 – Compliance

• HR policies will incorporate your legal obligations,statutory guidance (e.g. KCSIE) and ACAS Guidance

• Failure to comply with your policies could lead to costlyEmployment Tribunal claims

What is the statutory cap for an unfair dismissal award?£80,541£14,670£6,249It is uncapped

Sli.do – vote now

Risk 2 – Compliance

Other potential risks:• Poor performance• High sickness absence costs• Time and cost of dealing with grievances, disputes &

claims• Reputational damage• Difficulty in recruiting and retaining staff• Safeguarding issues

Risk 2 – Compliance

• Make sure that employees are aware and familiar withpolicies and procedures

• Conduct training in key policies and associated processes• Apply policies fairly and consistently

Risk 3 – Contracts

Are your contracts putting you at risk?

Risk 3 – Contracts

Fixed term contracts• Expiry of a fixed-term contract is deemed to be a dismissal.• Fixed-term employees have the right not to be treated less

favourably than comparable permanent employees.• Fixed term employees are deemed to be permanent if

employed continuously under a succession of fixed-termcontracts for a period of four years or more.

Risk 3 – Contracts

Fixed term contracts• Pay close attention to the wording of the contract• Deal with the non-renewal of a fixed term contact fairly

Risk 3 – Contracts

Redundancy Payments (Continuity of Employment in LocalGovernment, etc.) (Modification) Order 1999

How does this impact on your contracts?

Risk 4 - Funding

• £2.8bnhas been cut from school budgets since 2015

• £54.0kaverage cut to primary schools

• £205.6kaverage cut to secondary schools

“Recent figures show that more than9,400 schools – over one third of stateschools – were in deficit in 2015-16.Almost 4,000 of them have been indeficit in each of the past two years,with almost 1,600 in deficit threeyears in a row.” TES – October 2017

Risk 4 - Funding

www.schoolcuts.org.uk

Teacherslost

Per pupilloss (£)

Total lossby 2020 (£)

Risk 4 - Funding

• Balancing the books• Lack of resource to invest in risk areas e.g. retention,

employee engagement• Lack of resource for training and development

“Recent figures show that more than9,400 schools – over one third of stateschools – were in deficit in 2015-16.Almost4,000 of them have been indeficit in each of the past two years,with almost 1,600 in deficit threeyears in a row.” TES – October 2017

Risk 4 - Funding

Options:• Restructure• Efficiencies made on procurement• Postponing building maintenance• Putting on hold some orders for new textbooks• Increase group sizes/combine classes• Reduce curriculum choice for students• Narrow pastoral support• Remove some subjects from the curriculum

Risk 5 – Pay

70% of primary and secondary school leaders in England found itdifficult filling teaching and leadership posts in 2017.1

Leaders told us that one of the most significant reasons for therecruitment (and retention) crisis is the relatively poor startingsalaries compared to other graduate professions.

1 Browne Jacobson and ASCL School Leaders’ Survey 2017

Risk 5 – Pay

Academies have significant freedoms to escape from thecompliance and ‘one size fits all’ culture of the SchoolTeachers’ Pay and Conditions Document (STPCD) and the timeserving basis of many pay policies.

Risk 5 – Pay

www.brownejacobson.com/education

Contact us

Gill Martindale | 03300 452110 | Gill.Martindale@brownejacobson.com

Please note

The information contained in these notes is based on the position at January2018. It does, of course, only represent a summary of the subject matter coveredand is not intended to be a substitute for detailed advice. If you would like todiscuss any of the matters covered in further detail, our team would be happy todo so.

© Browne Jacobson LLP 2018. Browne Jacobson LLP is a limited liabilitypartnership.