Debbie Stanley - Head of HR Services

Sponsors and growing MAT’s -

employment implications, HR due

diligence and governance.

HR and employment conference for

school leaders 2015

#BJHR15

• governance and decision making

• pay and reward structures

• managing HR risks

• checklist to take away.

Session overview

Academy

1

Multi-academy trusts

LGB

School

Level

Board of Directors

Trust

level

Members

Academy

2

Academy

3

Academy

4

LGB

LGB

LGB

Members – appoint

& remove directors

Board of Directors –

approve accounts,

MFA, employ staff,

hold land & overall

responsibility

Academy - SFA,

oversight of

educational

standards at local

level

Approach to delegation

Main board

Strategic oversight, setting

visions and policies for the

trust, governance,

contractual relationships

with third parties.

LGB

Day to day running of the

academy, carrying out the

trust’s vision, policies and

priorities, holding academy

leadership to account.

delegation

linked to

OFSTED

hybrid

approach full delegation

for all

or systematic delegation?

delegation

linked to

OFSTED

full delegation

for all

Linking board to local boards…

people

• segregation of people

• right people right place

• link governors

• management team

documents

•scheme of delegation

•expectations & entitlements

•codes of conduct

process

• reporting

• meeting timetabling

• review of effectiveness

links

Accountability

How do we…

Single employer as a MAT

• inconsistency – no. 1 risk

• equal pay

• discrimination

• lack of clarity on delegation means confusion and

either indecision or bad decisions

• T&Cs – harmonise or not?

• change HR provider at point of transfer?

• more than just salaries that you need to consider.

Risks - employment

• yours for the taking

• far less prescriptive STPCD and if you want to move away you

can (for new staff)

• if you pay over 25% above ISR and follow STPCD need business

case and external advice

• consider recruitment, retention and affordability

• more than just traditional salary for senior posts

• public perception – consider FOI requests and accounts

• union relations – how important are they?

• moderation in and between your schools – crucial

• Teachers’ Pension for CEO/Exec Principal?

• equal pay risk and pay gap requirements.

Pay flexibilities & risks

• different pay bands

• varying job evaluation approaches

• different pay for same roles

• equal pay risk and pay gap requirements

• inconsistent appraisal approach

• different policies.

Support staff issues

1. Align at transfer using ‘measures’ in tupe

consultation – get advice.

2. Accept historical differences and set out a

consistent approach for all new staff including a

suite of JD’s, Trust pay structure, consistent

policies and contract terms reflecting the

employer you want to be.

3. Harmonise T&C’s and policies – must consider

whether contractual or not and therefore

consultation or negotiation.

Options

• risk register – ownership?

• board capability and skills

• HR – in-house professional and single adviser if

you have one

• appropriate controls and reporting from the

outset

• when new schools join HR due diligence needs

to be as robust as financial due diligence is.

Managing HR risks

1. Are ‘measures’ needed as part of TUPE to align policies

or practice?

2. New schools joining the MAT – are they clear about

delegation and control? be upfront.

3. Do you understand processes, T&Cs and systems in all

schools in the group before they join?

4. Do you have one HR provider across the group? Is this

one of the non negotiables when schools join?

5. Are you clear what contract terms and the type of

employer the MAT wants to be?

Checklist

6. How do you know what you are getting with new schools?

Don’t accept paper due diligence only.

7. Do your legal team negotiate indemnities where possible?

You will need to identify issues for this to happen.

8. Does the LA or current employer need to restructure or

exit any staff before transfer?

9. Do Directors need training on employment

responsibilities?

10. How do you monitor and report HR metrics to the board?

– turnover, absence, engagement etc.

11. If you are sponsoring a school how will you change the

culture? How will you assess progress?

Checklist continued

www.education-advisors.com

Talk to us…

Debbie Stanley | 07920 583495

debbie.stanley@brownejacobson.com

Please note

The information contained in these notes is based on the position at

October 2015. 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 2015. Browne Jacobson LLP is a limited

liability partnership.