Managers Briefing Welcome Purna Patel 20 th May 2020 School - - PowerPoint PPT Presentation

School Business Managers Briefing

Welcome Purna Patel 20th May 2020

School Business Managers Forum

Shereen Moussa Southwark Schools HR Update 20th May 2020

• southwark.gov.uk • Page
• COVID-19: The

situation so far

• From 23rd March 2020, the Government

announced lockdown

• Schools shut for all children apart from

children of key workers and vulnerable children

• On

10th May 2020, the Government announced a phasing back of children from

• ther year groups to schools
• W/C 25th May 2020: Half-term

May 2020 Southwark Schools Human Resources

• southwark.gov.uk • Page
• Planned return

from 1st June 2020

Mar 2020 Southwark Schools Human Resources

School Type Categories of children Primary Schools Nursery, Reception, Year 1, Year 6 Secondary Schools, Sixth Form and Further Education Colleges Face to face support to supplement the remote education of Year 10 and Year 12 students Nurseries and other Early Years Providers, including Childminders Begin to welcome back all children Alternative Provisions Mirror the provision for mainstream schools and also offer some face to face support for Year 10 and year 11 students Special schools, special post-16 institutions and hospital schools Phase return of more children and young people without a focus on specific year groups

• southwark.gov.uk • Page
• Five tests for a safe

return to school

• Protect the NHS’s ability to cope. We must be confident that we are able to

provide sufficient critical care and specialist treatment right across the UK.

• See a sustained and consistent fall in the daily death rates from COVID-

19 so we are confident that we have moved beyond the peak.

• Reliable data from SAGE showing that the rate of infection is decreasing to

manageable levels across the board.

• Be confident that the range of operational challenges, including testing

capacity and PPE, are in hand, with supply able to meet future demand.

• Be confident that any adjustments to the current measures will not risk a

second peak of infections that overwhelms the NHS.

May 2020 Southwark Schools Human Resources

• southwark.gov.uk • Page
• Trade Union concerns
• Health and safety concerns for phasing back from 1st June 2020
• On 13th May 2020, trade unions set of principles and tests that they

believe should be put in place before schools can phase back in with more children:

• Trade unions have written to some schools and some trade unions

are not supporting the planning of any return from 1st June 2020 https://www.tuc.org.uk/news/education-unions-statement-safe- reopening-schools

May 2020 Southwark Schools Human Resources

• southwark.gov.uk • Page
• Health and Safety
• Health and Safety Executive: School Responsibilities

https://www.gov.uk/government/publications/health-and-safety-advice-for- schools/responsibilities-and-duties-for-schools

• Guidance: Health and Safety Executive: Risk Assessments
• https://www.hse.gov.uk/risk/
• Guidance: The Key: Risk Assessments

https://schoolleaders.thekeysupport.com/covid-19/manage-your-skeleton- school/operational-logistics/coronavirus-checklist-reduce-risks/?marker=visited- articles NOTE: Schools are required to consult with trade unions on health and safety matters, as well as with staff.

May 2020 Southwark Schools Human Resources

• southwark.gov.uk • Page
• Occupational Health
• Schools access occupational health service through a range of

different providers.

• The occupational health service providers are able to offer a range
• f services centred to support employers and individuals through the

COVID-19 health crisis.

• Schools in Southwark mainly use Maitland Medical and Medigold

Health

• For ease of reference, their information is available on Southwark

School’s HR website. [If there are any other providers that schools use, please let us know.] https://schools.southwark.gov.uk/schoolshr/covid-19- information/occupational-health

May 2020 Southwark Schools Human Resources

• southwark.gov.uk • Page
• Well-being
• Challenges for staff with those unwilling and/or unable to return to

work, for whatever reason, as well as those very keen to return.

• Important to ensure staff feel supported to be able to return in a

safe way and there is ongoing communication and dialogue with staff.

• The Schools HR Service has a range of resources on managing

well-being: https://schools.southwark.gov.uk/schoolshr/covid-19-information/well- being

May 2020 Southwark Schools Human Resources

• southwark.gov.uk • Page
• Education Support

Partnership

Charity providing support to staff working in Education

• Financial grants available

grantscaseworker@edsupport.org.uk Contact number: 020 7697 2772 The following link will provide more information: https://www.educationsupport.org.uk/helping-you/apply-grant

• Support with mental health wellbeing, they have a dedicated professional

at hand 24 hours a day. Helpline: 08000 562 561 Txt: 07909 341229 Education Support Partnership: Online chat - www.educationsupport.org.uk/helping-you/email-support

• May 2020

Southwark Schools Human Resources

• southwark.gov.uk • Page
• Record keeping
• Important to retain records of discussions, risk assessments

and any communication regarding the phasing of additional children back to school from 1st June 2020

May 2020 Southwark Schools Human Resources

• southwark.gov.uk • Page
• References
• Public Health England (PHE) – resources

https://campaignresources.phe.gov.uk/resources

• Guidance: Planning Guide for the Wider Opening of Schools
• https://www.gov.uk/government/publications/preparing-for-the-wider-opening-of-

schools-from-1-june/planning-guide-for-primary-schools

• Guidance: FAQs for returning
• https://www.gov.uk/government/publications/coronavirus-outbreak-faqs-what-you-

can-and-cant-do/coronavirus-outbreak-faqs-what-you-can-and-cant-do

• Guidance: Coronavirus (COVID-19): Implementing Protective Measures in

Education and Childcare Settings https://www.gov.uk/government/publications/coronavirus-covid-19-implementing- protective-measures-in-education-and-childcare-settings/coronavirus-covid-19- implementing-protective-measures-in-education-and-childcare-settings

May 2020 Southwark Schools Human Resources

• southwark.gov.uk • Page
• Southwark Schools HR

References

https://schools.southwark.gov.uk/sch

• olshr/covid-19-information

Mar 2020 Southwark Schools Human Resources

• southwark.gov.uk • Page
• School Action

Next steps?

Mar 2020 Southwark Schools HR Service 14

• southwark.gov.uk • Page
• Questions?

Thank you

COVID-19: School Meal Provision

School Business Managers’ Briefing

Dany Thomas Senior Adviser

• southwark.gov.uk • Page
• Meal provision and costs
• Despite early difficulties with shifting messages,

schools have ensured that key groups of pupils have food – thank you!

• Edenred continues to pose significant challenges for

many

– NB Edenred vouchers are now term time only (no more holidays) – Pupils returning to school should receive a meal in the normal way

• Southwark offer

– Cost of meals/vouchers for any pupils in provision - primary or secondary school - over the Easter and May half term holidays. – Costs of meals/vouchers provided for primary and nursery pupils entitled to FSM during May half term. – £3 per meal

• southwark.gov.uk • Page
• Meal provision and costs
• Claiming additional costs from the government

‘School funding: exceptional costs associated with coronavirus (COVID-19) for the period March to July 2020’ However, limitations to be aware of include:-

– What schools will not be able to cover from their existing resources, or that they could only meet from drawing down

• n reserves

– Don’t make a claim if you anticipate adding to your reserves this year – Schools expected to manage existing budgets effectively – Mechanism for claiming not available until June 2020

• southwark.gov.uk • Page
• Claiming for exceptional costs

Government guidance cont.

• Remember - This is public money - principles surrounding its use

will still apply and

• Schools will continue to receive all their current meals funding
• Additional costs covered (over/above expected/normal):-

– Increased premises costs – during Easter/summer ½ term – Support for FSM pupils not in school, where not covered by the national voucher scheme, e.g. before scheme introduced, no supermarkets locally – Additional cleaning – over and above existing cleaning arrangements

• Any doubt, contact the DfE Coronavirus helpline
• Considerations:

– Make sure expenditure records are meticulous - subject to scrutiny – Funding allowances have limits, according to the numbers of pupils

• Expected costs, e.g. exam fees, are not covered

• southwark.gov.uk • Page
• Meal provision and costs
• Southwark healthy meals pledge

– All normal Southwark funding streams also to continue, including KS1 fruit money – Schools should be able to offer a contribution to meals for KS1 and YN, but must be according to your budget. For more details, see LA publication:

‘COVID-19 Primary School Meal Provision Update’

– See schools bulletin, 21/04/2020 – Using your caterers would be most cost effective way of meeting the pledge, but could use vouchers via Wonde – Offer will be different between schools due to different costs and budget flexibility

• southwark.gov.uk • Page
• Meal provision and costs
• Holiday meal provision

– DfE funding secured by Public Health for scaling up summer holiday meals provision to address growing food insecurity – School questionnaire responses will aid planning and provision – see schools bulletin 05/05/2020

• Breakfast provision

– School Food Matters, with Guys and St Thomas’, looking to increase access to free healthy breakfast boxes

– Contact amanda@schoolfoodmatters.org to register interest.

www.southwark.gov.uk www.southwark.gov.uk

School Finance

Hayden Judd, Divisional Accountant 20 May 2020

www.southwark.gov.uk www.southwark.gov.uk

Closing the Accounts

Schools

• Thank you for getting closing done despite everything!
• Schools’ 2019/20 cumulative revenue carry forward’s are

£10.9m

• Down from £12.7m. A reduction of £1.9m
• 43 (57%) operated an in-year deficit
• Schools in deficit up 5 from 19 to 24 (32%)
• Schools with excess balances up 5 from 29 to 36 (47%)
• December budget monitoring projected balances of £4.9m

www.southwark.gov.uk www.southwark.gov.uk

Closing the Accounts

Dedicated Schools Grant

• £18.5m deficit
• £7m in-year overspend
• Spending £7m more on SEN than DfE expects
• Deficit Recover Plan
• DfE Scrutiny
• Some additional funding for 2020/21, but not enough to balance
• Schools Forum sub-group still looking at ways to reduce the

deficit

www.southwark.gov.uk www.southwark.gov.uk

Budget 2020/21

• Budget is a planning tool to assist school in delivering its aims
• For the benefit of the school, not the LA
• Budget setting and budget monitoring are part of a continuous

cycle

• Budget setting starts in autumn. AEP is just providing us with

the results

• Only ever really set a one year budget
• But modelling of future years is essential if the school is to

have sufficient warning to develop plans to deal with future challenges

• Schools reporting a deficit MUST submit a 3 year AEP
• This should show the school returning to a surplus
• Schools with a BCM breach MUST complete the AEP BCM

sheet

www.southwark.gov.uk www.southwark.gov.uk

Budget 2020/21

• A budget is only ever the best estimate of anticipated income

and spend at the time it is presented

• Snap shot and reality has usually moved on in a matter of days
• Be reassured that we are aware of this. Also, we always point

this out in our governor training

• The budget lives on in your budget monitoring projections,

which are essentially the budget you would have set if you knew then what you know now

• Budget should be a reasonable and justifiable estimate
• Not the “worst case scenario” – that’s what leads to closing

balances being double the Q3 projection

• We understand the motivation behind “worst case scenario”,

but would urge “reasonable and justifiable” accompanied by a list of risks, i.e. we have assumed intake at last year’s numbers, if we were to have 5 fewer pupils the income and balance would reduce by £XXk

www.southwark.gov.uk www.southwark.gov.uk

Budget 2020/21

• We are aware that we have a role in assisting schools with their

planning

• Hopefully you will think that we are providing better information each

year

• We are happy to hear what new information you think would be

useful

www.southwark.gov.uk www.southwark.gov.uk

Budget 2020/21

• There are tools available that you will hopefully have been using
• SBS & Pupil Premium Estimator

– Southwark Stats – 5 years of estimates – School Budget Share – Pupil Premium Grant – Universal Infant Free School Meal Grant

• Early Years Estimator

– Southwark Stats – Estimate of 2 year old funded hours – Estimate of 3&4 year old funded hours – Estimate of 3&4 year old extended hours – Deprivation funding (census data updated so some significant changes)

www.southwark.gov.uk www.southwark.gov.uk

Budget 2020/21

• Also on Southwark Stats
• High Needs Estimates

– Eunice has uploaded her estimates of High Needs funding for 2020/21 – These are a good tool for developing your own estimate. – Take off any pupils you know that have left or will be leaving the school – And take a view on the likelihood of any additional EHCP pupils – Something for that list of risks

• Cash Notification

– Cash payments for the year by month – Not a funding notification – Working on breaking some of the payments down into more detail

www.southwark.gov.uk www.southwark.gov.uk

Budget 2020/21

• Changes to the AEP Template
• Cash Flow

– A simpler format, hopefully – Schools Forum is giving cash management a higher profile – A cash flow projection will be added to the quarterly return

• Risks & Assumptions

– New, optional sheet – Allows you to record assumptions and risks – Hopefully useful to you, your governors, your SLT and to us

• Budget Calculations

– New, optional sheet – Provides you with more space for calculations and notes

www.southwark.gov.uk www.southwark.gov.uk

COVID-19

Discussed At Schools Forum Last Week

• It is essential that schools keep good records of covid related
• spend. DfE guidance is evolving over time, so just keeping

records of what is currently claimable might affect your ability to claim a new category of spend at later time.

• Schools should also develop estimates of lost income. This is

an area that Nina Dohel has raised with the Regional Commissioner and it may be necessary to provide estimates in

• rder to lobby for assistance with these losses.

www.southwark.gov.uk www.southwark.gov.uk

COVID-19

Discussed At Schools Forum Last Week

• Early Years Funding is based on schools’ termly census
• returns. With the May census having been cancelled, we have

the issue of what data to base the summer term early years funding on.

• A number of models of how to fund primary and nursery

schools as well as private, voluntary and independent providers have been assessed.

• Even the most sensible sounding proposals can be seen to

have drawbacks when investigated in detail.

• Further work will be carried out to develop an acceptable

model, but the decision on what model to use will not be made until the next Schools Forum in July.

www.southwark.gov.uk www.southwark.gov.uk

COVID-19

Discussed At Schools Forum Last Week

• Where schools pay for off-site SEND or AP provision, payments

for existing arrangements should be honoured. Where no arrangement had been finalised for the summer term, schools should pay on the basis of previous arrangements. This is to ensure that the services will be available once pupils need them again and is facilitated by schools continuing to receive their usual funding.

• Schools should note that 2020/21 funding related to FSM

numbers is all based on October 2019 and January 2020 census return. Any current growth in numbers will not impact

• n 2020/21 funding level, rather on 2021/22.
• Early Years Pupil Premium funding for 2020/21 is based on the

January 2021 census, so there may be some impact here.

www.southwark.gov.uk www.southwark.gov.uk

COVID-19

Discussed At Schools Forum Last Week

• The DfE has laid out three areas where claims for additional

covid related spend can be claimed (but not the claim process)

• Additional premises costs associated with being open during

holiday times

• Meal costs for non-attending FSM pupils from before the

EdenRed scheme was introduced

• Cleaning costs related to confirmed or suspected covid cases
• There are terms and conditions related to these, for example

schools should not claim if this will lead to them increasing their reserves (i.e. positive balances)

• Please see the latest DfE guidance on financial support for
• schools. Schools can also get advice from

DfE.CoronavirusHelpline@education.gov.uk

www.southwark.gov.uk www.southwark.gov.uk

Take A Bow

• Schools Finance Team News

– Eunice has now left us, so we are a person down…. – …. but we have been recruiting and have offered someone the job – Russel Dyer (Dave’s boss) has also left the team and his responsibilities have been added to Tim Jones for the time being.

• Thank you for all your hard work and flexibility during these

times

• Any more questions?

Southwark Pension Services

Josh Orr Data Systems Manager josh.orr@southwark.gov.uk

Southwark Pension Services Update

• Remote working
• Recruitment

Teachers’ Pensions

• COVID-19 impact

– https://www.teacherspensions.co.uk/campaigns/activ e/covid-member-campaign/covid-campaign- content/landing-page.aspx – Digital forms

• MCR update
• End Of Year Certificate

– molly.makinson@southwark.gov.uk

LGPS

• End of financial year

– Dan Kanaris / AON

• Projects

– New Southwark LGPS website – Various secret things…

• Digitisation of archives

McCloud

• Legal case affecting all public sector pension

schemes

• In 2014 the way pension benefits were

calculated at retirement changed

• People within 10 years of retirement in 2014

are offered both calculations when they retire (but new calculation is usually better)

• Found discriminatory based on age grounds

McCloud

• Remedy still being decided by Govt
• Likely outcomes are:

– both calcs will need to be used for all retirees for a long time – we will need to recalculate pension benefits for many people who have retired since 2014

• The old calculation relies heavily on part-time

working hours and non-pensionable days

• Therefore…

PLEASE KEEP YOUR HISTORICAL DATA of: Part-time hours Non-pensionable days Full-time equivalent salaries until you are certain it has been given to us.

If you have historical data that may not have been sent to us, please keep it, especially for staff who have retired!

Pensions data has an extensive data retention period under GDPR as it can be argued that the data is required up until the person’s retirement or even beyond.

Questions?

josh.orr@southwark.gov.uk For general LGPS or TP admin (forms etc) please email them to lbspensionsdata@southwark.gov.uk

Education Data Team

Natasha Sharmah - Education Data Manager And Veronica Kigundu - Assistant Systems, Data and Performance Officer

Education Data Update:

• 1. School Census and assessments
• 2. Government Funded Free school meals (FSM)
• 3. Early Years checks
• 4. Daily Attendance Sheet to Southwark Stats

School Census Contact: natasha.sharmah@southwark.gov.uk/veronica.kigundu@southwark.gov.uk Tel: 020 7525 2914/020 7525 1785

Education Data Team

Natasha Sharmah - Education Data Manager And Veronica Kigundu - Assistant Systems, Data and Performance Officer

• 1. Thank you for submitting your Spring 2020 census.
• 2. Summer Census 2020 and all Summer assessments are cancelled.
• 3. Autumn census 2020 is going ahead (at this moment in time).
• 4. Still Important for Headteacer to check summary carefully and

sign off data – as we cannot correct data retrospectively.

• 1. School Census and assessments

School Census Contact: natasha.sharmah@southwark.gov.uk/veronica.kigundu@southwark.gov.uk Tel: 020 7525 2914/020 7525 1785

Education Data Team

• 1. Schools please remind parents this should not be confused with

Free Healthy School meals (Southwark’s initiative) or Universal Infant free school meals (Government programme). 2. Schools are encouraged to continue using the same process to check whether a pupil is eligible for FSM – excel sheet to Pupil Benefits in Southwark Stats. 3. Do not include children that have previously been checked and the results were TRUE.

• 2. Government Funded Free school meals (FSM)

School Census Contact: natasha.sharmah@southwark.gov.uk/veronica.kigundu@southwark.gov.uk Tel: 020 7525 2914/020 7525 1785

Education Data Team

• 3. Early Years checks

Participating Providers of 30 Hours Free Childcare

Parents will be entitled to receive a 15 hour extended place (in addition to the universal 15 hours) in the autumn term as long as they have a valid HMRC application or reconfirmation dated before 31 August 2020. Parents who reconfirm or apply after this date will not be eligible in the autumn

• term. However, they may still be entitled if they are in a grace period beyond 31 August
• 2020. If in doubt, please email earlylearninginfo@southwark.gov.uk Funding will not be paid

if a valid 30 hour eligibility check has not been performed by the school. School Census Contact: natasha.sharmah@southwark.gov.uk/veronica.kigundu@southwark.gov.uk Tel: 020 7525 2914/020 7525 1785

Education Data Team

Participating providers of 2 year Old Free Early Learning

Providers must not offer parents a free 2 year old place unless they are able to provide a confirmation of eligibility email/letter and a 2 year old eligibility code beginning with TYF210XXXXXXXXXXX. If the parent has received confirmation of eligibility from another borough, the provider must use the ‘2 year old assisted application’ function on the Southwark Portal to convert this to a Southwark eligibility confirmation and TYF210 code. Providers should be mindful that the portal will issue a TYF210 code to a parent for both eligible and non-eligible applications. It is therefore important that providers do not just accept a parents code on its own and must be accompanied with the email/letter of

• confirmation. Funding will not be paid if a valid eligibility code cannot be provided.

School Census Contact: natasha.sharmah@southwark.gov.uk/veronica.kigundu@southwark.gov.uk Tel: 020 7525 2914/020 7525 1785

Education Data Team

Southwark Provider Portal The link to the Southwark Provider Portal is: https://emsonline.southwark.gov.uk/ProviderPortal_LIVE/ If you are locked out of your portal account, please email: CSBITSInformationSupport@southwark.gov.uk If you need to request a new portal user (maximum 2 users per site), please email: feeeadmin@southwark.gov.uk

School Census Contact: natasha.sharmah@southwark.gov.uk/veronica.kigundu@southwark.gov.uk Tel: 020 7525 2914/020 7525 1785

Education Data Team

• 4. Daily Attendance Sheet to Southwark Stats

School Census Contact: natasha.sharmah@southwark.gov.uk/veronica.kigundu@southwark.gov.uk Tel: 020 7525 2914/020 7525 1785

Please complete in full especially UPN, Gender

Education Data Team

Completing the Daily Attendance Sheet

Do not leave any fields blank should be Yes or No

Education Data Team

Sending the Daily Attendance Sheet to Southwark Stats

Please upload your attendance information to Southwark Stats every day by 12pm – this will ensure when the school advisor contacts you the following day to chase up missing attendance information they are using up to date information. You will find it easier if you open Southwark Stats in Google Chrome or Mozilla, rather than Internet Explorer. Instructions are below: Please return your file to the Education team through the Southwark stats website: https://www.southwarkstats.com Do make sure you know where the file (Daily Attendance sheet) is before you start this process (please note the Daily Attendance sheet is unlikely to change from week to week):

• 1. Once you log in, click on SEND to upload data to Southwark Stats
• 2. Click on School Information
• 3. Click on SEND next to: Daily Attendance Updates
• 4. Click Browse to find the file which you need to send. When you double click on this file, the name and path will appear in the

box next to BROWSE.

• 5. Click Transfer, and the file will be sent.

For user names and passwords to access Southwark Stats, please email CSBITS@Southwark.gov.uk and cc Natasha.sharmah@southwark.gov.uk Remember to still complete the DfE online form with your daily attendance figures by 12pm - https://form.education.gov.uk/service/educational-setting-status.

Coronavirus Job Retention Scheme – “Furlough”

SBM Briefing – Wednesday 20th May 2020 David Freeman

All employers in the private, public and not-for-profit sectors are eligible to claim under the scheme, provided that they were

• perating a PAYE scheme that was registered on HMRC's real

time information (RTI) system on 19 March 2020 Where employers receive public funding for staff costs, and that funding is continuing, employers are expected to use that money to continue to pay staff in the usual fashion – and correspondingly not furlough them. Furlough therefore will not apply to the vast majority of school staff but there are two groups it could potentially apply to :

• Contingent Workers
• Staff paid through Parental fees

• southwark.gov.uk • Page
• Contingent workers – the definition

A Contingent worker is defined as non-permanent employees, such as contractors, freelancers, agency workers and consultants described as casual staff. The term 'casual' covers a wide range of legal status; workers labelled as casual could potentially be employees, workers or self-employed. Their status may not have been called into question until considering their rights following the coronavirus outbreak. A number of Self –employed workers are on the payroll. This is because

• f HMRC requiring employers to use the IR 35 tool so Instead of

contractors determining their own tax status, the government shifted this responsibility onto public sector organisations. If a contractor is deemed to be inside IR35, the engager (i.e. the Council) will deduct income tax and National Insurance as they would for employees. In short it is to prevent tax avoidance

• southwark.gov.uk • Page
• Contingent workers – and payment

Schools have a number of casual staff and self employed consultants who do not have a contract of employment but are paid through PAYE ( i.e. your payroll system). The issue is they are on your payroll even if not members of staff . These are the only workers you could “furlough”. The way you should do this is through using their previous pay as a benchmark for furlough pay either: The same month’s earning from 2019 (i.e. February)

• r

The average monthly earnings from the 2019-20 Tax year. You are advised to discuss individual situations with your HRBP before taking any action to furlough staff.

• southwark.gov.uk • Page
• Agency workers

In Employment Law Agency Workers are classed as “loaned” employees. The employment relationship is between the Agency and their worker not with the

• school. The agency as the employer makes the decision whether or not to

“furlough” the worker. This decision is Independent of the School as an end user. Where there is a fixed date for the assignment to end between the School and the Recruitment Agency then the school is expected to continue to pay up until that end date at the rate agreed with the Agency. Where there is no fixed end date then the School and the Agency need to set an end date What is important is that you remember your agreement with the agency is a contract for service i.e. between you and the agency and not you and an individual agency worker. This is different from a contract of service (i.e. an employment contract) as different rules apply as we shall see later in this presentation

• southwark.gov.uk • Page
• Self employed workers paid through invoice

These workers are classed as private companies who have satisfied the HMRC IR35 Criteria in that they are registered as a company and can make their own tax and national insurance deductions. Self-employed workers who are not paid through your payroll and no longer have access to work due to COVID-19 will be able to access support through the Self-Employed Income Scheme. https://www.gov.uk/guidance/coronavirus-covid-19-what-to-do-if-youre- self-employed-and-getting-less-work-or-no-work

• southwark.gov.uk • Page
• Can a School furlough staff paid out of parents fees?

Educational settings that are in receipt of some public funding should

• nly furlough employees, and therefore seek support through the CJRS,

if they meet the following conditions:

• the employee works in an area of business where services are

temporarily not required and where their salary is not covered by public funding

• the employee would otherwise be made redundant or laid off
• the employee is not involved in delivering provision that has already

been funded

• (where appropriate) the employee is not required to deliver provision for

a child of a critical worker and/or vulnerable child

• the grant from the Coronavirus Job Retention Scheme would not lead to

financial reserves being created The problem for schools is this: If you have staff in say a Breakfast Club

• r an after school club that is funded through parental contributions then

these staff also have other jobs with Schools such as Teaching Assistants or HLTA.

• southwark.gov.uk • Page
• Surely you should be able to furlough staff who are not paid through

public funds.? There are a number of points in response firstly to quote the Local Government Association There remains a lack of clarity over the eligibility of employees with multiple contracts of employment with the same employer, as on the face

• f the HMRC Guidance and Treasury Direction, an employee is not able to

do any work for their employer while furloughed. However, the DfE guidance discusses partial funding from the job retention scheme for employers with mixed funding, and some local authorities have been told by the HMRC helpdesk that it is possible to furlough an employee from

• ne contract with their employer, while they continue to work in the other.

We await, however, final confirmation on this issue and other outstanding points from HMRC / HM Treasury, but in the meantime employers may want to contact the HMRC helpdesk to see if they can get confirmation for their situation.

• southwark.gov.uk • Page
• Jan 2020

Southwark Schools Human Resources 61

HMRC confirmed it has received 795 reports of potential fraud related to the furlough scheme as of 13th May 2020. It will now assess these cases in line with its usual fraud procedures. A spokesperson said the department could not break down the numbers any further at this time. Under the rules of the furlough scheme, workers must not complete any work for their employer in order for their role to be eligible for the grant, which covers 80% of wages up to a maximum of £2,500 per month. https://www.personneltoday.com/hr/furlough-fraud/ You also have to bear in mind that your employee working as a TA and in the Breakfast club as an example, gets the one payslip which is paid out of public funds even if partially funded elsewhere. The circumstances where you could safely consider furlough is where an employee only works in the one job – parent funded.

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• Equally you and the employee need to agree that they should be

furloughed and at any meeting they would be entitled to be accompanied by their Trade Union representative. Changing the status of employees is subject to existing employment law Southwark Council Contracts have no lay-off clause allowing the Council to impose a furlough period. If there is no lay off provision in the existing contract the employer will need to agree with the employee that they are going to become furloughed because no work is available. Under Section 34 of the Southwark contract of employment any change to conditions follows a collective consultation process to agree the change. As normal employment laws apply when furloughing employees, equality and discrimination laws will apply and so employers will need to be aware of certain risks, for example, choosing a disproportionate amount of men or women, which could lead to discrimination claims later.

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• Record keeping

The School must keep detailed and accurate records of the claims being made. The guidance stresses that HMRC will retain the right to audit retrospectively all aspects of the claims that are made throughout the period of the scheme. The School is also advised to keep a record of the advice it has received. HMRC can be contacted via webchat , we would recommend keeping a record of the advice provided as we are aware of conflicting advice being given to authorities, we have raised this with HMRC and MHCLG LGA workforce update: job retention scheme | Local Government Association

Mar 2020 Southwark Schools Human Resources

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• Questions?

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