1. Procurement for Schools. 2. School Staffing & Collaboration Regulations

Transcription

1 1. Procurement for Schools 2. School Staffing & Collaboration Regulations

2 Procurement for Schools

3 AIMS Basic understanding of what Procurement for Schools means including a brief overview of the procurement principles and TUPE Not to be a substitute for getting Legal/HR advice Service Name Directorate Name

4 Procurement Principles Public Contract Regulations 2015 Contract Procedure Rules for Schools The Transfer of Undertakings (Protection of Employment) Regulations 2006 (As amended) Service Name (TUPE) Directorate Name

5 Public Contract Regulations 2015 TAKE ADVICE! In summary, you must ensure your procurement processes:- are non-discriminatory, affords equal treatment of suppliers are transparent design the procurement with the intention of unduly favouring or disadvantaging certain suppliers are proportional. Pitfalls: Not inviting the incumbent provider to take part in the procurement is a breach Service Breaches Name open up the school to the potential of a legal Directorate Name challenge

6 Contract Procedure Rules for Schools TAKE ADVICE! Prior to November 2016 all contracts above 75k to be tendered Current process is to obtain 3 written quotes (up to statutory limit otherwise full tender required) Decision needs to be made by the governing body and the following should be recorded as a means to ensure the decision making process is clear, transparent and able to be audited The decision to procure The process followed The outcome Service Name Failure to follow these rules means there is a potential Directorate Name governance challenge

7 To Procure or Not to Procure.. What is the process for procuring the following: You want to review your School s Catering Service You have access to a grant of 25,000 to build a climbing frame in the playground After Dolly Parton s Imagination library Cliff Richard is offering his calendar to all school children for 1 per child. You want to get one for each pupil in your school Service Name Your photocopying contact is due for renewal Directorate Name

8 Service Name Directorate Name The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) Often referred to as TUPE, it has been a piece of Legislation in existence since 1981 Designed to give employment protection and rights to employees in the event the business they work in is sold or loses/gains work under a tendering process Major implication arising from procurement

9 When does TUPE apply? Statutory definition - 3 scenarios:- You do the service and you want to send the service out to tender The service is carried out by a third party and you are tendering the service The service is carried out by a third party and you are bringing the service back inhouse And certain conditions are satisfied Service Name Directorate Name

10 In summary the 2 main conditions are:- Immediately before the change there must be an organised grouping of employees that has as its principal purpose the carrying out of the activities on behalf of the client (school), Immediately before the change the client intends that the activities will be carried out by a third party contractor (or subsequent contractor) Service Name Directorate Name

11 Organised grouping of employees A team of employees that are "essentially dedicated" to carrying out the activities that are to transfer. Question is therefore are the employees assigned to the organised grouping. Service Name Directorate Name

12 Activities The "activities" that are carried out by another person must be activities which are fundamentally the same as the activities carried out by the person who has ceased to carry them out. Service Name Directorate Name

13 What happens if TUPE applies? The contracts of employment automatically transfer to the new provider on their existing terms. All of the previous employer's rights, powers, duties and liabilities under or in connection with the employees' contracts pass to the new employer Service Name Directorate Name

14 How to comply with TUPE Obligations CALL HR! (1) Outgoing and incoming employer must inform and consult with staff on a specified list of information (2) Outgoing employer must provide employee liability information (employee details) to incoming employer not less than 28 days before the transfer

15 Questions to ask at the commencement of the procurement Which procurement regime do you need to follow? Are there employees? Is the contract specification changing (fundamentally etc)? Contingencies? (pensions, redundancies etc)

16 QUESTIONS?

17 School Staffing Regulations 2009

18 This presentation will briefly address... Practical application of staffing regs How to terminate employment Inter-school collaboration

19 Legislation 2009 staffing regulations give effect to staffing provisions in LA maintained schools under the Education Act 2002

20 The regulations cover... Recruitment Termination of employment Performance concerns Delegation Collaboration

21 The regs apply to... All maintained schools Community VA VC Local Authorities Diocesan Authorities

22 Governance & Delegation: staff conduct, discipline and grievances What delegations are permissible? What are the considerations in determining whether and to whom to delegate?

23 LA and Diocesan advisory rights In what circumstances might external advice have to be considered?

24 LA and Diocesan advisory rights cont. Teacher recruitment Dismissals of teachers LA statutory rights at community schools LA rights at VA schools by agreement Diocese rights at VA schools

25 Staff Conduct Schools must Establish procedures Determine appropriate delegations Adhere to fair procedures

26 Suspension Depending on delegations, governing body or head may suspend Need to notify LA Periodically review need Only governing body may remove suspension Notify LA if suspension removed

27 Termination of Employment Whose responsibility? Who terminates?

28 Termination of Employment cont. Community schools Governing body determines employee should no longer work at the school LA is employer and must terminate employment contract LA -14 days in which to remove from school and give effect to GB determination

29 Termination of Employment cont. What form might termination of employment take?

30 Termination of Employment cont. For community schools, it is for LA to terminate where reason is Conduct ( misconduct / gross misconduct ) Capability Ill health Redundancy Statutory restriction Some other substantial reason

31 Termination of Employment cont. Mutual termination of employment Termination by mutual consent Settlement agreements (previously compromise agreements)... for community schools all the above involve the employment contract with the LA being ended hence LA must be involved as the employer party to the process

32 Termination of Employment VA Schools School is the employer and all actions and responsibilities are the school s Actions incompatible with religious tenets and ethos could warrant dismissal

33 Referrals to regulatory bodies DBS and NCTL LA refers where worked at community school School refers where worked at VA school

34 Collaboration School Governance (Collaboration) (England) Regulations 2003 Apply to maintained schools Two or more governing bodies may arrange for any of their functions to be discharged jointly and they may delegate any of their functions to a joint committee Over-arching strategic committee, or singleissue committees?

35 Collaboration cont. On staffing matters, when and why might collaboration be undertaken?

36 Collaboration cont. The factors determining delegation decisions of a single governing body are pertinent: Capacity Expertise Quality and speed of decision-making Fairness, objectivity and propriety

37 Collaboration cont. Collaboration should not be an automatic default position for resolving difficult staffing issues But sometimes... the governing body of the school in question may need to access wider capacity and expertise objectivity can be secured only from outside the school in question

38 Collaboration cont. If collaborating, take great care to avoid appearance of rigging or cherry picking a panel of governors in order to secure a preferred outcome Be cautious, sparing and judicious in forming single-issue collaborative arrangements on employment matters take advice (LA can assist) and record and minute decisions to collaborate with clear reasoning

39 Questions?