Agenda item

Purpose: To propose a reversal of the current policy of the Council not to recognise continuous service with academy schools for the purpose of occupational benefits.

The Committee considered a report (Agenda Item 4) which proposed a reversal of the current policy of the Council not to recognise continuous service with academy schools for the purpose of occupational benefits.

Robert O’Reilly introduced the report and reminded Members of the Personnel Committee’s decision in 2011 to approve a policy for the Council not to recognise continuous service of employees working in academy schools for the purpose of calculating entitlement to occupational benefits such as sick pay, maternity/paternity/adoption pay and leave, and annual leave. This decision was taken at a time when the potential for a local authority maintained school to convert to academy status was relatively new and there were concerns at the time as academies could alter the terms and conditions of its employees from the terms and conditions used in maintained schools.

In August 2013, trade unions, via the Joint Consultative Panel (JCP), requested that the Personnel Committee review the policy for reasons including the concern that the policy prevented schools from recruiting the best people, as those working in an academy were being put off by the fact that they would not have their academy service recognised for the above mentioned occupational benefits. Headteachers had also highlighted this as a barrier to recruitment. In addition, the potential for an academy to alter the terms and conditions of staff had not been an issue.

Councillor Peter Argyle queried whether the continuous service of teachers in private schools was recognised. Robert O’Reilly confirmed that this was not the case and academy staff were, at present, considered in the same way as someone working in a private school. This would also be the case for free schools.

Councillors Quentin Webb and Mollie Lock reported that as Members of the JCP they were present for the JCP discussion on this matter.

At the JCP, trade unions had requested to attend Personnel Committee to put forward their views and Members agreed to suspend standing orders to allow the representatives to do so.

Councillor Webb welcomed the trade union representatives to the meeting and invited them to make their points.

David Pearson made the following points on behalf of Unison:

·              The Unison members to whom this report related were primarily support staff working in schools. He was pleased to note the recommendation of the report to recognise service in academy schools which would be advantageous to both staff and schools. Headteachers had also given their support to the recommendation.

·              Approval of the Officer recommendation would show support and appreciation to loyal members of staff, many of whom had worked in a local authority school for some years and had no control over becoming a member of staff of an academy. Therefore, their academy service should be recognised.

·              The change to the policy would have minimal cost impact on the Council and schools.

Councillor Tony Linden queried whether the service of staff who worked in a free school should also be recognised. David Pearson explained that the concern of trade unions was in relation to staff who had been TUPE’d (Transfer of Undertakings (Protection of Employment)) to academies at short notice. Free schools had not been a consideration of previous discussions, but further debate could be held by the JCP and/or Personnel Committee if this was felt necessary in future. Robert O’Reilly confirmed that TUPE would not apply to an individual working at a free school.

Paul Watkins, representative of the teaching union (NASUWT), but also speaking on behalf of other teaching unions, made the following points:

·              He gave his strong support to the recommendation outlined in the report. He was an employee of a West Berkshire Council maintained school which converted to an academy and was of the hope that his academy service would be recognised if he was to move to a maintained school.

·              The view of the JCP was sensible as the landscape had changed from the time when academies were first introduced and only a small number existed, as many of West Berkshire’s secondary schools had since become academies.

·              Mr Watkins was pleased to note the support of Headteachers. He also commented that West Berkshire was an expensive place to live and work and there should be no additional barriers to recruitment.

Rosemary Culmer, also speaking for Unison, was pleased that the policy was being reconsidered.

Councillor Lock referred to paragraph 3.2 of the report which stated that as of October 2013, four out of five of the other Berkshire unitary authorities had chosen not to recognise academy service and questioned whether this was still the case. Robert O’Reilly confirmed this was still the position, but felt it was likely that other local authorities would follow the Council’s proposals to recognise academy service.

Councillor Webb was of the view that the proposals had a number of positive benefits which far exceeded concerns. He then referred to paragraph 4.3 of the report which gave two options for recognition of academy service:

(1)         Recognise service in West Berkshire academies only; or

(2)         Recognise all academy service

Option two was recommended by Officers and this was proposed for acceptance by Councillor Webb. Councillor Linden seconded the proposal which was then approved.

Councillor Webb highlighted the importance of supporting school staff and recognising both their work and length of service.

Councillor Linden queried how this decision would be publicised. Robert O’Reilly advised that it would be reported as part of the HR schools newsletter. David Pearson added that it would be circulated to trade union representatives.

RESOLVED that the current policy of the Council would be changed to allow recognition of service in all academy schools for occupational benefits.

Members agreed to reinstate standing orders.