04 Jun Schools as charities: legal and regulatory update Fri
07 Jun The New Art of Headship Tue
11 Jun Introduction to VAT for schools Tue
18 Jun Questions that Heads should be asking their team about VAT policy and detail Tue
18 Jun So you want to be a bursar? Tue
25 Jun Holiday Pay Update Fri
28 Jun Gender Questioning Pupils - unpacking the guidance, law and best practice Fri
28 Jun VAT on school fees update More Upcoming Events
This bulletin will also be made available through the Independent Schools Council (ISC) for onward communication to schools.
This publication is generic in nature and advice should be taken in respect of your specific circumstances.
ISBA launched its new forum for member schools yesterday. Whilst there are areas of the forum that we are working on to refine, we hope that members will find this upgraded facility useful and another means of finding an answer to any tricky questions you may have.
The improvements to the forum include:
- the opportunity to upload files to posts and share documents with other members;
- direct messaging between users;
- the ability to reply directly to topics via your own email;
- daily/weekly emails (which are optional) that list all topics created within the last day/week; and
- a convenient search function across the reference library, business directory and bulletins via the new ISBA lookup tool.
The more the forum is used the more useful it will be for members, so we would strongly encourage you to post questions and replies and the ISBA team will also be posting regularly to generate debate and discussion.
Please do send us your feedback on the new forum to: adviceatISBA@theisba.org.uk
Did you know that ISBA provides a free online programme for newly appointed bursars, that is not just for ‘bursars’? Other similar roles, such as operations manager, finance officer, estates manager, director of finance and operations, or other operational team members, are most welcome – particularly if they are new to the independent school sector.
The aim of the programme is to provide an overview of all the key areas that bursars and their operational teams will need to get to grips with in their first few months in post. Topics covered include finance, estates management, health and safety, inspections, the role of the clerk to the governors, the single central register, safeguarding and much more. This seven-meeting series includes time to ask questions about the topics covered, as well as about issues/scenarios at the attendees’ individual schools. It is also an excellent starting point for succession planning and career development at your school – ideal if you have an assistant bursar who would like to progress, for example, or someone who wants to move from another operations area to a more bursar-style role.
NAB Cohort #12 online meetings will take place on the dates below. Please contact ISBA’s membership co-manager C-J Ward-Askey on isbaadmin@theisba.org.uk if you or one of your operations colleagues would like to join this cohort.
- Monday 22 April 2024, 11.00 - 12.15
- Friday 3 May 2024, 09.30 - 10.45
- Thursday 9 May 2024, 14.00 - 15.15
- Wednesday 5 June 2024, 10.30 - 11.45
- Thursday 13 June 2024, 15.00 - 16.15
- Friday 21 June 2024, 13.00 - 14.15
Thank you to all of you for your support of ISBA’s Data Navigator - a groundbreaking, granular and individual financial performance and assessment tool.
We now have more than 160 registered users and more than 100 schools have contributed over the two editions. The benchmark data has now been enhanced to include the information from the recent ISBA VAT survey so some of the charts now have more than 200 benchmark entries.
If you have not yet participated, we strongly encourage you to do so. This tool will prove invaluable as you consider your school’s options for the future and adds tremendous value to ISBA, greatly enhancing our ability to influence the public debate. Many bursars have told us that completing the survey takes about two hours and all extra benchmark data makes this resource more valuable for all.
We are tremendously grateful for all the engagement and encouragement we have received. Barnett Waddingham would like to offer two small tokens of our appreciation to all early participants who submit data before the ISBA annual conference on 20 May 2024:
1. You will automatically be upgraded to premium for free this year, giving you access to the forecasting and scenario planning tools, and more.
2. You will receive a free bottle of Fortnum & Mason’s Sparkling Tea (0% ABV) – a delicious, certified organic blend inspired by eight famous and rare brews. Simply come to our stand 112 at the conference to pick up your bottle.
If you are not attending the ISBA conference, let us know and we will arrange something for you.
If you need any help, then please email DataNavigator@barnett-waddingham.co.uk where a dedicated team is ready to support you.
This is what some bursars have said recently about Data Navigator:
“You have created a tremendous financial planning and briefing tool. It would be great to see more schools participating to improve the benchmarking further”.
“Great work and well worth the time required for data entry. I can highly recommend this to other schools as the platform will only get better”.
An updated version of ISI’s inspection handbook was published earlier this week. This contains a small number of minor revisions and additional clarifications including:
- the process for pausing an inspection;
- details on the role of shadow inspectors and monitors;
- additional information around the evaluation of early years provision; and
- confirmation that headteachers can share provisional judgements with close family, the school’s staff, the school’s governors and proprietor, the school’s association and mental health professionals.
A full list of revisions can be found in the handbook’s change log (pages 67 to 70).
You can read ISI’s summer update here.
New statutory attendance guidance will apply from August 2024 for independent schools in England. This will sit alongside the updated Pupil Registration Regulations. Schools may wish to check that their MIS providers are making any necessary changes to comply with the new requirements. ISBA’s template attendance policy is being updated and will be available soon.
The DfE published guidance in February 2024 to help schools develop and implement policies to prohibit mobile phone use, along with other similar smart technologies, throughout the school day, including during lessons, breaktimes and lunchtimes.
The guidance is non-statutory and is not prescriptive in its recommendations. Schools are encouraged to develop policies that suit their individual contexts/circumstances e.g. different approaches could be adopted for different groups of students, for example some schools may wish to limit (rather than prohibit) use of devices by sixth-form students to communal areas and not in front of younger pupils. The emphasis is placed on creating policies that are accessible, aligned with the school's values, consistent and easy to follow.
It includes some examples of approaches schools can take, from: banning mobile phones on school premises, handing them to staff at the beginning of the school day, storing them in secure lockers throughout the day, or allowing pupils to retain possession, but adopt a 'never seen or heard' approach, with appropriate sanctions imposed if the policy isn't followed.
Whatever approach schools choose to adopt, they need to be mindful of the need to be flexible enough to make adaptations to their policies where individual pupils need access to phones during the school day such as young carers who may need to contact those they are caring for. Schools also have duties under the Equality Act 2010 to make reasonable adjustments to accommodate the needs of disabled students e.g. pupils with medical conditions such as diabetes may need their mobile phone to check blood glucose levels throughout the day. Schools are advised to assess each case for adjustments or adaptations on its own merits.
Schools are signposted to the DfE's Behaviour in Schools guidance which has also been amended to include content on mobile phone use by pupils. Again, schools can be flexible about the range of sanctions they use for breaches of the policy, so long as it is appropriate to their context and pupil cohort e.g. it could include detentions or confiscation. Whatever the sanction, schools should consider whether they are reasonable and appropriate, whether there are special circumstances relating to the pupil being sanctioned (e.g. age or special educational needs) and what outcome the school is trying to achieve by taking disciplinary action.
What should schools do now?
As the guidance is already in force, schools should now consider the following:
Reviewing/updating existing policies: if schools don't already have a policy on the use of mobile phones, they will want to consider which approach they wish to adopt. The school's policy can be incorporated into a behaviour policy, acceptable use, or separate standalone policy. This should be published either on the school's website or on another website parents can access.
Communication with parents/carers: the DfE has stressed the importance of involving both parents and pupils in discussions about mobile phone policies and additional materials have been provided to support these conversations and ensure that the policies are well understood and supported by all stakeholders. Parents/carers should also know who to contact at the school to ask for adaptations or reasonable adjustments to be made.
Communication with pupils: if schools already have policies in place, this is an opportunity to reinforce the policy and communicate about its purpose and objectives. If the school decides to adopt a completely new approach, it should make sure pupils (and parents/carers) are informed well in advance of the changes so they are clear about its purpose, sanctions, and any reasonable adjustments or adaptations that can be made, depending on personal circumstances.
Source: VWV
The Employment Appeal Tribunal (EAT) has ruled that an employer failed in its duty to make reasonable adjustments, when it did not offer a disabled employee a trial period in an alternative role.
Duty to make reasonable adjustments
Under the Equality Act 2010, employers have a duty to make reasonable adjustments when they know, or could reasonably be expected to know, that an employee is disabled. An employee is considered 'disabled' under the Equality Act if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.
What are the facts of the case?
In Rentokil Initial UK Ltd v Miller [2024], Mr Miller was employed as a pest control technician. In 2017, he was diagnosed with Multiple Sclerosis. He was eventually unable to carry out his physically demanding role. Mr Miller applied for an alternative role as a service administrator. He was unsuccessful in his application, failing the written and numeracy tests. His employer concluded that there were no further reasonable adjustments that could be made and he was dismissed.
Mr Miller brought a claim for failure to make reasonable adjustments, discrimination arising from disability in respect of the dismissal and unfair dismissal. The employment tribunal upheld his claim. His employer appealed to the EAT.
What did the EAT decide?
The EAT upheld the Tribunal's decision. It can be a reasonable adjustment to offer a disabled employee a trial period in a new role - this is not to say that they will be successful in that trial period but they should be given a 'chance'.
In this case, the EAT held that had a trial been offered, there would have been a real prospect of avoiding the disadvantage (namely the dismissal). The EAT held that the likelihood of Mr Miller being confirmed in the new role at the end of the trial period was 50%.
The EAT also found that an employer's assessment on the suitability of a trial period in an alternative role is not decisive. This can be an objective question for the tribunal. If an employee identifies a role that the tribunal finds could potentially have been considered appropriate and suitable, then the burden may pass to the employer to show it was not reasonable to have put the employee into the role, or to have at least permitted a trial period. In Mr Miller's case, whilst he had not performed well in the written and numeracy tests as part of the application process, his technician role was senior to the administrative role, involved an element of report writing and other transferable skills. Mr Miller might have performed better during the trial period than the application process suggested.
Learning points for employers
This case demonstrates that the offer of a trial period in a new role might be a reasonable adjustment for a disabled employee. Schools which are faced with the prospect of terminating the employment of a disabled employee, should carefully consider whether they can offer an alternative role (whether on a trial period or otherwise), as an alternative to dismissal.
Source: VWV
Following the consultation on the draft statutory Code of Practice on Dismissal and Re-engagement, otherwise known as ‘Fire and Rehire’, the Government has published its response. A revised draft Code has been prepared, along with an explanatory memorandum, for Parliament to approve. It is anticipated the Code will come into force in the summer.
Background
Prompted by the high-profile, mass-dismissal of hundreds of workers by P&O Ferries, on 24 January 2023, the Government launched a consultation on the proposed implementation of a draft, statutory ‘Code of Practice on Dismissal and Re-engagement’ (the “Code”). Our note on the consultation can be found here.
The purpose of the Code is to ensure that employers act reasonably and consider alternatives to dismissal where possible. It emphasises the importance of a “meaningful” consultation between employers and employees (or their representatives/trade unions, as the case may be).
The Government has now published its response to the consultation and has made various amendments to the draft Code.
The Government’s response
The Government is clear in its response that the Code should be followed by employers regardless of the number of employees affected by a proposed change in terms.
Of importance, the draft Code now provides that employers should contact ACAS for advice in advance of raising the prospect of dismissal and re-engagement. This differs from the previous version, which signposted employers to ACAS if they were unable to reach agreement with their employee(s).
In addition, further revisions have been made to the draft Code, which include:
- It is best practice that information shared with the employee relating to the proposals should be in writing. This differs from the previous version of the draft Code, which did not make reference to information being provided by employers in writing.
- Prior to making a decision to dismiss staff, the Code has been amended so that employers no longer have to conduct a full re-assessment of their plans at this stage. Instead, it is noted that employers should re-examine their proposals.
- Phasing in the proposed changes is now a best practice recommendation rather than an obligation, which reflects that it will not be appropriate in all circumstances.
The Government anticipates the Code will improve industrial relations by ensuring that employers consider alternatives to dismissal and re-engagement, in addition to striking a balance between protecting employees and retaining flexibility for businesses to make changes to its terms and conditions.
Impact on schools and next steps
The updated Code is awaiting parliamentary approval. It is of particular relevance to schools planning to undertake consultations with staff over proposed changes in terms and conditions, where dismissal and reengagement is a possible outcome of last resort, for example consultations over proposed changes to pension arrangements for teaching staff.
Schools should familiarise themselves with the provisions of the Code. If, following the Code taking effect, a school were to unreasonably fail to comply with it, Employment Tribunals will be able to apply up to a 25% uplift of an employee’s compensation in the event of a successful claim.
Having said that, whilst schools should comply with the Code, it does not represent a fundamental change in the law. The practice of dismissing and re-engaging staff where, following genuine and meaningful consultation, agreement to proposed changes to terms and conditions of employment cannot be reached is not prohibited by the Code. The Code essentially serves to codify the existing law and best practice approach to managing consultations regarding proposed changes in contract terms, and the possible outcome of dismissal and reengagement.
We will of course keep schools updated on any further developments.
Source: Harrison Clark Rickerbys
'Vento bands' are used to assess compensation for injury to feelings and psychiatric injury in discrimination and whistleblowing claims.
The bands are increased annually and this year's increase takes effect for cases presented on or after 6 April 2024. The increases are:
- The lower band is now between £1,200 and £11,700 (increasing from £1,100 to £11,200) for less serious cases.
- The middle band is now between £11,700 and £35,200 (increasing from £11,200 to £33,700) for cases which do not merit an award in the upper band.
- The upper band is now between £35,200 and £58,700 (increasing from £33,700 to £56,200) for the most serious cases.
- Amounts in excess of £58,700 can be awarded in the most exceptional cases.
It is for the Tribunal to determine which band a case falls into, as well as where in the band it should sit. The guidance is not binding but Tribunals must have regard to it and in practice it would be unusual for the Vento bands not to be applied.
Source: VWV
ISBA Annual Conference 2024 – Book Your Place Now
Bursars and their teams can book day delegate tickets at ISBA’s upcoming annual conference from 20 – 22 May 2024 at the ICC, Wales. We've discounted the price for any second or subsequent day delegate bookings for colleagues from the same school.
The conference offers a selection of professional development sessions for support staff to choose from, hosted by expert speakers who will share tips and advice on the latest issues affecting the independent school sector from financial planning, mergers and acquisitions, the new inspections framework, digital strategy, sustainability, HR (neurodiversity in the workplace, discrimination, flexible working and wellbeing), safeguarding, marketing and communications (and much more!). See the full programme and find out more about the ICC as a venue by listening to our podcast.
If you have an issue you’ve been grappling with for some time or one that has just popped up in your in-tray, this event will help. There’ll be numerous opportunities to network with peers and the chance to relax at our annual dinner hosted by popular comedian Marcus Brigstocke on Wednesday 22 May.
You’ll also get to visit our largest exhibition yet of suppliers to the sector, and for the first time this year we’re offering you the chance to book a place for any member of staff to come for the day to visit the exhibition free of charge. This is an unmissable opportunity to see over 180 companies supplying a huge variety of services all under one roof. To book free places for Tuesday exhibition tickets click here and for Wednesday click here.
We look forward to seeing you there.
Webinars
Details of the webinars in our professional development programme for the spring term are listed below and are available to book here. More webinars will be added to the spring term programme so please watch this space for more details each week.
If you missed any from the autumn term all of our free of charge webinars are recorded and are available to view in the multimedia section of the ISBA reference library.
- 19 April 2024 from 11.00 -12.00: Pensions Update
Richard Soldan, Luke Hothersall and Andy Thompson from LCP will offer insight into the significant increase in the TPS contribution rate from 1 April referencing their experiences of projects that the LCP team are helping schools to undertake now, to mitigate those cost increases.
- 19 April 2024 from 14.00 – 15.00: So, You May Become Your School’s Sustainability Lead?
allmanhall address the key things you'll need to know and do if you're to take the lead on sustainability at your school.
- 26 April 2024 from 11.00 - 12.00: Treasury Management
Rathbones will explain a range of options available to manage and invest school income and cash holdings.
- 30 April 2024 from 11.00 – 12.00: Inspections Update
This webinar will focus on feedback from recent inspections offering an overview of how they have gone in the first term. Durell Barnes, RSAcademics, will share the significant strengths identified and how the failings are reported. Areas of particular interest for bursars include self-evaluation, risk, health and safety, safeguarding and governance.
- 4 June 2024 from 11.00 – 12.00: Charity Law Update
Elizabeth Jones from Farrer and Co will provide an update on the key changes to charity law and the implications for independent schools.
- 7 June 2024 from 11.00-12.00: The New Art of Headship
Russell Speirs will share the findings of RSAcademics’ recent Art of Headship Report, looking specifically at the changing nature of leadership in UK independent schools and what this means for bursars.
- 11 June 2024 from 11.00 – 12.00: Introduction to VAT for Schools
This session is designed for schools which have yet to become VAT registered. The programme will cover the process for becoming VAT registered, and how to set up or reorganise internal accounting systems and administrative processes for managing VAT.
- 18 June from 14.00-15.00: Questions that Heads Should be Asking their Team about VAT Policy and Detail
The session will provide Headteachers with an overview of policy on VAT and assist them in monitoring the school fee debt levels and required pupil numbers to remain viable.
- 25 June 2024 from 11.00-12.00: Holiday Pay Update
Oliver Daniels and Rachel Parkin from HCR Law will provide an update on the latest government guidance on the holiday pay and entitlement reforms that came into effect from 1 April 2024.
- 28 June 2024 from 11.00 - 12.00: VAT on School Fees Update
Kieran Smith and Josie Morgan-Jones from Crowe UK LLP will be drawing on their expertise to offer an update on VAT on school fees.
- 28 June 2024 from 14.00-15.00: Gender Questioning Pupils - Unpacking the Guidance, Law and Best Practice
James Garside from VWV will offer his insight into the current legal frameworks on gender questioning pupils and how to apply them in practice. The session will explore the [final] DfE guidance, law and current thinking to support and assist independent schools in navigating an area of legal and practical complexity.
Data Protection Basics (for Independent Schools) Online Course - 27 June 2024 from 09.30-13.00
This half-day course provides a practical approach to understanding data protection in the independent school setting. Naomi Korn Associates will guide you through key areas of compliance, such as data subject requests, data protection principles, and response strategies to data breaches. Cement your knowledge of the UK's data protection legislation whilst learning skills which will help you navigate data protection in real-world scenarios. This course is suitable for delegates working at any level within the independent school sector with limited previous training or experience in data protection matters.
Cost: £258 including VAT. Please book your place here.
So you Want to be a Bursar?
- Sessions 1 and 2 on Tuesday 18 June at 11.00 - 12.15 and 16.00 – 17.15
- Sessions 3 and 4 on Thursday 20 June at 11.00 - 12 noon and 16.00 – 17.00
This course is for those looking to become a bursar or a member of the support staff management team who are not currently working in the independent school sector and are looking to progress their career.
Online safer recruitment course
ISBA’s online Safer Recruitment course is available exclusively for our members, priced at £60 per person. Booking details are here and those attending may attend the self-paced course which lasts for approximately two to three hours depending on knowledge. The online course will benefit those new to recruiting, individuals selected to conduct interviews and require revision or a three yearly update.
The online course is designed to ensure school staff are able to safely recruit new staff and comply with safeguarding regulations, Keeping Children Safe in Education and of course, most importantly, ensuring that young people learn in a safe environment. The course includes a range of commissioned videos from experts in the safeguarding field, including legal expert David Smellie from Farrer & Co.
You will get a CPD certificate on completion of the course, and the content is suitable for all staff and governors involved in the recruitment and interview process.
Ian Williams is holding a RIBA accredited CPD session in association with Crown Paints from 8:30am -12 noon on 24 April 2024 at the Village Hotel, Walsall, WS2 8TJ.
The session will explore how to protect buildings and their occupants from fire and how defend against mould growth. Email Natalie Leaves to book your place at: Natalie.Leaves@ianwilliams.co.uk
- Summary of Government Guidance Updates to 17 April 2024
- ISI Summer Update - 16/04/2024
- Data Navigator Benefits - 16/04/2024
- Early Years Funding Scheme - Briefing Note April 2024 - 15/04/2024
- Service Occupancy Agreement - 12/04/2024
- Teacher's Contract of Employment - 12/04/2024
- Support Staff's Contract of Employment - 12/04/2024
- Bursar's Contract of Employment - 12/04/2024
- Head's Contract of Employment - 12/04/2024
- Staff Handbook - Complete ISBA Model Staff Handbook - 12/04/2024
- Updated Government Holiday Pay Guidance - Briefing Note - April 2024 - 08/04/2024
- ISBA Weekly Bulletin 9 - 11 April 2024
The ISBA Business Directory continues to grow as more and more companies join this invaluable online resource which provides details of suppliers and professional advisers to independent schools across the country. It offers schools the opportunity to search for specialist suppliers across the UK quickly and easily.
The directory provides suppliers to the sector the chance to demonstrate the commitment they have to quality service to independent schools and to highlight any special offers or discounts they may have for ISBA member schools. The directory is fully searchable by business type, region or by location of the supplier. We do hope you find an opportunity to make use of the directory and that it will help you find the right solutions for your school.
If you’re starting to plan summer or longer-term projects why not check the directory now to see whether there are suitable companies in there for you and don’t forget we’d love to hear from you if you have a favourite supplier you’ve used or currently use, whose services you feel other schools might be interested in and would benefit from being in the directory. Please do drop us a line with their details to office@theisba.org.uk
New Entries
We’re pleased to welcome four new suppliers to the ISBA Business Directory this month. You can find the Business Directory here or click the link below to view the relevant entry.
WWA Studios
Architects/Designers
Watchword Limited
Security
ASIS Education
School Fees Payment Companies
JRP Solutions
Energy & Sustainability
ISBA has weekly podcasts designed to be easy ‘on-the-go’ listening via Spotify, Buzzsprout, Apple and the multimedia section of the ISBA website. Recent episodes have included:
- Navigating change and coming out on top with Jo Twiselton
- ISI inspections, inspected with Durell Barnes and Neil Walne
- How smart is your bus platform? Pre-conference special with Luke Ryan of Zeelo
- How’s your influence? Pre-conference special with Trudy Lewis
- Edtech insights with Class Technology Solutions
- Fire and rehire, navigating difficult conversations
- Is flexible working the key to boosting performance and teacher wellbeing?
- Budget updates, BSA/ISBA conference, allergies and flexible working
- Getting to know the ICC Wales with Danielle Bounds
- Questions answered about gender questioning guidance
- VAT survey, mobile phone guidance, Protect Duty consultation and member questions
- Martyn’s Law and what it means for schools
Burgess Hill Girls - Director of Finance and Operations – Burgess Hill
Burgess Hill Girls School is a leading day and boarding school for girls aged four to eighteen. The School stands in 14 acres of beautiful grounds within a conservation area and only a five minute walk from the railway station.
Click here for further information on this job vacancy
Kent College - Bursar and Clerk to the Governors - Canterbury
Kent College is a co-educational day and boarding school with a Methodist foundation. Located in Canterbury, just one hour from the centre of London by train, there is a Senior School (11 – 18 years) with 600 pupils, and a thriving Junior School and Nursery along with two sister campuses in Dubai and West Cairo.
We are pleased to welcome the following new member schools to the association:
- Barnardiston Hall Preparatory School, Suffolk
- Heathermount School, Ascot
- Ripplevale Lower School, Broadstairs
- St Philip’s School, South Kensington, London
Summer term regional group meetings will take place as follows:
- 19 April at 2pm – Kent, face-to-face meeting, Frewen College
- 23 April at 9.15am – London, virtual meeting
- 24 April at 10am – Southern, face-to-face meeting, Windlesham House
- 13 June at 10am – Solent, face-to-face meeting, Princes Mead
- 17 June, time TBC – Surrey, face-to-face, Daneshill
- 19 June at 10am – EABA, face-to-face meeting, Homerton College