NEED TO KNOW
Sickness, shielding and government schemes – the HR
implications of COVID-19 Comment by JANE HALLAS, Head of Education Team at Ellis Whittam
The Summer Term of 2020 is going to be one of the most challenging faced by schools for some time. Many are remaining open and delivering lessons for vulnerable pupils and children of key workers, some are delivering lessons remotely, and others have closed altogether but with a skeleton staff working largely from home. Here are some of the staffing challenges
facing schools.
Staff absence The government guidance is that staff, along with young people and children, should stay at home if they are unwell with a new, continuous cough or a high temperature to avoid spreading infection to others. Otherwise, they should attend work as normal. If employees are employed under the Burgundy Book and are off
sick with COVID-19 contracted directly in the course of employment, or live with someone in their household who has it, special rules apply entitling them to full pay where a medical practitioner confirms they are suffering from an infectious disease. Pay in these circumstances is not counted against their usual entitlement to sick leave and pay (except for SSP). Support staff have similar provisions under the Green Book. Many schools are operating a rota system, whereby employees
take it in turns going into school. Obviously, employees’ health and welfare should be the key factor in these situations, but you are entitled to ask for proof if an employee claims a particular medical condition that you were not previously made aware of and now says that they are unable to attend work. Shielding employees “Shielding” employees are those that have been advised to “shield” by the NHS. This means they have been advised not to go out in public for 12 weeks. Other categories of vulnerable employees, such as those who are pregnant or have medical conditions, should stay at home and follow government guidance. Again, you are entitled to ask for proof. What about financial help? The government has announced extra funding for publicly-funded schools who incur “exceptional” additional costs. For independent schools, the government’s Job Retention Scheme allows employers to furlough staff (with their agreement) then reclaim 80% of wages (up to £2,500 per month) via a new HMRC portal. The scheme is set to run until the end of June. For independent schools who do not receive public funds, this is a
potential lifeline and a means of avoiding costly redundancies and losing key staff. The government has made it clear that employers who receive their funding from government should continue to pay staff as normal, and therefore the furlough scheme is unlikely to be applicable to maintained schools, MATs and academies save for some limited roles that may be privately funded. For independent schools grappling with staff absence but wishing
to furlough staff, legal advice should be sought first, as the rules are not straightforward regarding whether shielding, highly-vulnerable and long-term sick employees can actually be furloughed. My advice? Review government guidance regularly and seek advice where appropriate.
Ellis Whittam has created a free Coronavirus Advice Hub on its website – containing practical employment guidance, letter templates and risk assessments – to help schools throughout this period at
www.elliswhittam.com/covid-19/
12
www.education-today.co.uk
Furlough uncertainty for supply teachers
Comment by CHETAN SOOD, Head of Operations, Teacher Booker
Many supply teachers have been ‘left in limbo’ amid uncertainty of eligibility for furlough payments. The reason for this is that there are several payment mechanisms which are used across the sector, and Government guidance has not yet explicitly addressed furlough eligibility for every scenario. Below we break down how these mechanisms work and consider how schools can support supply teachers and maintain positive relationships at this challenging time.
For teachers, gross furlough pay will likely be calculated as 80% of your average earnings since you started working for your agency (your total gross pay since you started / number of weeks since you started, including holidays and gaps). If you have been working for the agency for more than a year, it might alternatively be calculated based on your pay for the same period in 2019.
If you are paid PAYE for agency work, you are eligible for furlough pay however. This is the best way, and good agencies and online platforms will offer this.
If you work through an umbrella company there are three main ways your pay might be calculated - check your payslip to ascertain how yours is broken down:
• Gross pay with statutory deductions only • Gross pay with extra deductions like umbrella company fees
• ‘Employment Income’ (or otherwise described) further broken down into National Minimum Wage (NMW) + ‘Profit Share’ or ‘Discretionary Bonus’
Your employer should be able to access furlough schemes if you are paid in one of the first two ways - though you should be very wary of extra deductions such as umbrella fees, employer’s costs or Employer’s NI.
Breaking pay down into NMW + ‘Profit Share’ or ‘Discretionary Bonus’ is poor practice and this mechanism may exist to exploit loopholes in tax law.
Where umbrella companies structure supply teachers’ pay in this way, they can currently only claim 80% of what is considered basic pay - that is, NMW - from HMRC.
Schools may question now why supply teachers’ pay would be structured this way. Perhaps it’s to save tax for the umbrella companies? Perhaps it’s so umbrellas can pass on tax costs to teachers?
Schools may also question why this has been allowed to continue. We hope the current situation precipitates reforms to end these practices. However right now, we need to act to help supply teachers access the support they deserve.
There are practical solutions available to ensure great agency teachers are supported financially, establishing security and generating goodwill throughout this period. Act now to ensure your good professional relationships - and the relationships between those agency staff and your pupils - are maintained.
Ask your agency teacher contacts whether they have been furloughed, and if so, whether they are being supported adequately. If there are discrepancies, or your agency teacher contacts are not receiving adequate support, encourage them to seek advice. We offer free, confidential advice and practical solutions and there are some other great organisations out there doing the same.
Lastly, if any supply teachers are still being paid via an agency through this period, note that they should be engaged on an open book basis - that is, the agency must provide schools with details of the cost of (i.e. the gross pay of) the teacher, so schools get full visibility of costs and agency margins.
May 2020
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36
