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
Welcome to ISBA’s Weekly Bulletin 9. These bulletins will be sent to ISBA members regularly with the very latest on operational and regulatory issues impacting independent schools. If you have a question you would like us to answer in this bulletin please email us or call us on 01256 330369.
If you missed our last bulletin it is available here.
Schools will have been following with interest recent developments in relation to holiday pay arrangements for those working irregular hours or for only part of the year (“part-year workers”).
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (the “new Regulations”), came into force on 1 January 2024 (although the changes to holiday apply to holiday years beginning on or after 1 April 2024) and make several changes to holiday arrangements for part-year workers. In particular:
- They allow an employer to calculate holiday accrual for such workers at a rate of 12.07% of hours worked in a pay period. This reverses the decision in the Supreme Court in the Harpur Trust v Brazel case and returns the position to that adopted by most schools prior to the Supreme Court judgment.
- They allow an employer to pay rolled-up holiday pay, a practice where a worker’s hourly rate is enhanced to incorporate an element for holiday.
The Government published guidance to assist employers in interpreting the new Regulations. It should be noted that Government guidance is not authoritative as to the meaning of regulations. Only decisions of the Courts are. However, it can influence how regulations are interpreted.
The guidance was updated on 1st April 2024 and reflects a change in position from the Government. Importantly, the updated guidance includes the following significant change to the interpretation of the definition of part-year worker.
The definition of Part-Year Worker
A key question for schools arising from the new Regulations was whether the definition of a “part-year worker” covered term-time only staff who are paid an annual salary in twelve monthly instalments. This is significant given that most teaching staff, and many support staff within schools, will fall into this category.
We published a note addressing this question which can be found here. In summary:
- Our view was that, on a strict reading of the new Regulations which a Court would take, whilst there is some ambiguity, those staff engaged on a term time only contract, who have weeks where they are not expected to work but continue to be paid over 12 months, do not appear to fall within the definition of a “part-year worker”.
- The Government guidance published in January 2024 supported this interpretation, providing an example of an individual (“Ian”) who is paid an annualised salary over 12 months but has periods of time that last more than one week where he is not working. The guidance suggested that Ian would not be a part-year worker for the purposes of the new Regulations.
The Government guidance in this respect has led to concern within the sector and uncertainty as to the calculation of holiday entitlement and pay for salaried term-time only staff. The implication was that the decision in Brazel would continue to apply and those members of staff should receive, and be paid for, a minimum of 5.6 weeks’ holiday each year.
Given the lack of clarity in relation to this, ISBA obtained Counsel’s Opinion from Caspar Glyn KC, who was instructed in the Harpur Trust v Brazel case. Counsel agreed with our analysis of the definition of “part-year worker” under the new Regulations.
Updated guidance
However, the latest iteration of the Government guidance, updated on 1st April 2024, removes all reference to the “Ian” example. Instead, it notes as follows:
“The regulations require that there must be a period of at least one week ‘for which they are not paid’ which means that it would still be possible for a worker to be paid ‘during’ that period so long as there is no expectation of them working in that period and nor are they receiving payment ‘for’ that period.”
The Government has therefore changed its view and changed its guidance. The key change is that the Government is now of the view that no longer does a part-year worker have to be, for a period of at least a week, both (i) not working and (ii) not receiving pay in the week for which they are not working.
The Government’s view is now that in that period of at least a week the worker is a part-year worker if they are both (i) not working and (ii) not paid being paid for that week in which they are not working.
Accordingly, the Government has reversed its position on the meaning of the new Regulations and this highlights the ambiguity that exists within the drafting. The guidance now supports a different interpretation i.e. that term-time employees who only work and receive pay in relation to those term-time hours, but receive their pay averaged out over 52 weeks (for administrative purposes) are arguably part-year workers.
This is a welcome revision for schools who may otherwise have been concerned that a significant majority of term-time only staff would not fall within the scope of the new Regulations.
Given the ambiguity within the drafting of the new Regulations, it is possible that this interpretation could be challenged. Unfortunately, clarity will only be achieved by way of binding case law which is likely to take a number of years. However, taking into account this element of risk, schools may now legitimately rely on the updated Government guidance and consider that term-time staff, as described above, fall within the meaning of “part-year worker”.
This note has been reviewed by Counsel who agrees with its content.
Source: Harrison Clark Rickerbys
The 2024 ISBA technology survey followed on from the 2018 ISBA IT survey, looking to gather the perspectives of academic leads, IT staff and bursars in relation to the technology strategy and technology use within schools. The survey sought to provide schools and school leaders with valuable benchmarking and trend data, with the plan to continue this with follow-up surveys biennially, with 2026 being the next planned survey.
Our thanks go to all those who completed this year’s survey. The results demonstrate noticeable progress across the recommendations outlined in 2018. Of particular note in the survey results are the positive developments in technology strategy engagement, the reliability of technology provision, utilisation of cloud services, and, most significantly, the integration of technology in teaching and learning processes, leading to supporting enhanced student outcomes. While some progress can be attributed to deliberate actions within educational institutions as part of strategic plans, the onset of the 2020 pandemic and subsequent lockdowns, mandating online learning, also played a pivotal role in accelerating change. ISBA members can now read the full report of the technology survey here.
The DfE has launched a 12-week call for evidence to take the views of schools, colleges, and other professionals on safeguarding practice development and direction, in advance of Keeping children safe in education 2025 (KCSIE). Your reflections, experience, and suggestions in this call for evidence will help the DfE to inform future iterations of KCSIE and shape its long-term policies to support staff to keep children safe in education. For this reason – whilst it will not be publishing the results of this call for evidence, the DfE will consult on any substantive changes it makes to future iterations of KCSIE, and school and college safeguarding policy, following this exercise, in the normal way.
Schools, particularly DSLs, may wish to consider completing the survey which includes the following:
- Safeguarding is one of the most important responsibilities that schools and colleges have, and we know how seriously teachers, designated safeguarding leads, support staff, and school and college leadership take that responsibility.
- As new safeguarding threats emerge, we all need to consider how we can best respond to those threats and what solutions can be put in place to address them. This call for evidence is therefore deliberately broad and seeks to reflect areas and issues that have been shared by school and college safeguarding professionals, or where wider systemic changes mean we have an opportunity to better align school and college safeguarding policy, including the findings of Ofsted's ‘Big Listen.’
- Ministers have decided that KCSIE 2024 will undergo technical changes only before final publication in September 2024, with a view to providing a more substantively updated document, encompassing wider changes, to be delivered in 2025.
Source: DfE
Did you know that ISBA provides a meeting series 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.
Topics covered include finance, estates management, health and safety, inspections, clerk to governors role, the single central register 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 - 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 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.
- Tuesday 16 April 2024, 13.30hrs - 14.45hrs
- Monday 22 April 2024, 11.00hrs - 12.15hrs
- Friday 3 May 2024, 09.30hrs - 10.45hrs
- Thursday 9 May 2024, 14.00hrs - 15.15hrs
- Wednesday 5 June 2024, 10.30hrs - 11.45hrs
- Thursday 13 June 2024, 15.00hrs - 16.15hrs
- Friday 21 June 2024, 13.00hrs - 14.15hrs
Although ISBA is called the Independent Schools' Bursars Association, ISBA is not a trade union for bursars like some other associations may be.
ISBA membership is the school’s, although the bursar/similar tends to be ISBA’s designated ‘primary contact’. Inclusive in ISBA membership, every school can have as many operations colleagues on its individual contact list and all with web access as needed. Why not have more of your operations team able to directly access ISBA’s templates, tools, webinars, support and guidance? Please contact C-J Ward-Askey at isbaadmin@theisba.org.uk to have colleagues added and more logins for the ISBA website issued.
The Schools Partnership Alliance (SPA) is a network of schools, partnerships and Trusts who value the importance of working collaboratively across schools and communities to enable young people to thrive. The SPA champions and encourages partnership work through its networks and research, and offers support, training and guidance to help partnerships to develop and thrive.
The SPA’s aim is to promote and celebrate partnership work that is mutual, sustainable, impactful and focuses on addressing local and national needs. Joining the SPA is free and membership provides access to free content, free courses and reduced rates. Contact info@schoolpartnershipsalliance.org.uk or join online.
According to a recent UK government report, 32% of small businesses experienced a breach or cyber attack in the last 12 months, and one of the most common techniques criminals use is to send fake emails that impersonate your organisation. These phishing emails, as they are known, can be used to commit online fraud, or to spread ransomware and other types of malware. If your organisation is targeted, your business could be disrupted, your reputation damaged, and your customers could suffer real-world harm.
For all these reasons, we’d encourage organisations of all sizes to register with the NCSC's free check your email security online tool, which can prevent criminals exploiting your email domain.
The online tool runs a number of quick technical checks in seconds. You don’t need to provide any personal information, or install any software. Simply enter your email domain, and the tool will instantly identify any vulnerabilities in your email setup that a criminal could exploit.
Since its launch in 2022 more than 120,000 domains have been checked using the tool.
To use the tool, simply visit the NCSC’s Check your cyber security website, and enter your email domain.
You can sign up to the NCSC’s newsletter for small organisations here.
Source: NCSC
Moore Kingston Smith has published its latest edition of Education Matters, its newsletter written specifically for the education sector.
Articles in this issue include:
- Plan for the worst, hope for the best but be ready to be surprised
- What if VAT was applied to independent school fees?
- Data privacy and cyber risks for schools and multi-academy trusts
- Employment law changes in 2024
- What is the driving force behind mergers and acquisitions in independent schools?
- News in brief – latest news and events and resources of interest
We have been contacted by the production team of a new ITV drama called BAD BLOOD which focuses on the infected blood scandal. BAD BLOOD is being made by the team responsible for the very successful Mr Bates vs The Post Office drama series.
The main location in the drama series set in the 1970s/80s is a residential school for disabled children. The school should look and feel like a medium-sized private school in a countryside location. Ideally it would have medical areas but if not the team could shoot those elsewhere. The property would need to be vacant to enable filming over six weeks this autumn.
Here is an example of the property sought by the team. If you’d like to find out more please contact Tony Clarkson of Poison Pen and ITV Studios on 07836 358883 or email: adclarkson@hotmail.com
ASCL is delighted to host its inaugural Conference for a Sustainable Future which will focus on empowering and enabling leaders to make changes in their education setting for a greener, more sustainable world.
There will be a range of inspirational speakers and workshops to support schools, colleges and trusts on their sustainability journey. This will be linked to meeting the aims within the DfE’s Sustainability and Climate Change Strategy, published in 2022, and which includes the action that all education settings will have a nominated sustainability lead and climate action plan in place by 2025.
There will be workshops throughout the day linked to three strands:
1. operations
2. education and curriculum
3. biodiversity
Delegates will receive practical advice and the support they need for their organisation to continue with this essential work and build a sustainable culture in their community.
Please note the ISBA advice and guidance email address has now changed to: adviceatISBA@theisba.org.uk
A parent of a pupil about to take public exams is questioning why they should be paying fees for the summer term. Do you have any advice?
If the parent is unreasonable and won’t accept that teachers are available to help pupils through the exam period and that other school activities are still available to pupils then you may need to revert to the parent contract, Clause 4.7: How the fees are charged and payment requirements. The annual fees are divided into three (3) equal parts and are charged separately on a termly basis, regardless of the length of any term and regardless of your child’s year group.
I am considering updating the parent contract, do we need to get all parents to sign the new version of the parent contract?
This depends on the provisions for amending the parent contract in your existing parent contract. If you use the ISBA Model Parent Contract you just need to give sufficient notice of the proposed amendments and so you do not need to get parents to sign fresh contracts. If the existing parent contract does not allow the school to vary the terms (or does not allow variation without getting the parents' consent), the school should give notice of the new terms to the parents and either ask them to sign fresh contracts or inform them that by continuing to pay the fees they (are deemed to) accept the new terms. Please refer to Parent Contract FAQs.
Do you have a fees in advance template/model terms and conditions?
Please see ISBA’s Bursar’s Handbook chapter B – fees in advance schemes.
We have been receiving a number of emails from schools which have suffered cyber breaches – one seems to be a case of email hacking and another is a very sophisticated scam originating from Russia whereby the fraudsters are setting up parallel fake admissions websites.
In the first case the registrar’s e-mail was hacked and fraudsters gained access to [future] parental details.
The fraudsters then wrote to potential parents offering discounts for early payment. Two families fell victim to the scam and the banks in the case are not being helpful. The school did not have MFA on its emails.
Our advice in this case was to:
- ring Action Fraud and report the bank for enabling the scam by allowing fraudulent accounts to be opened – see if that sparks bank into co-operating.
- inform insurance company in case of claim by parents (in this case the school did not have cyber cover).
- drive a password change across all school accounts. By word of mouth, not email (one has to assume criminals are still inside the system).
- inform all overseas agents.
- introduce MFA urgently.
- consider switch to a payment platform.
In the admissions scam, we are aware that (so far) 132 schools have been targeted in a global scam, not all are UK-based.
The criminals have set up parallel admissions websites, parents get in touch and register through these fake sites. The (overseas) parent in one of the cases reported to ISBA said that she then received a branded entrance exam paper followed by an offer letter. The school only discovered the scam when the parent rang to ask how she should pay the fees.
The school’s IT and cyber advisors found the fake website and tracked the URL to Russia. Some further investigation revealed 132 similar admissions sites in varying degrees of readiness – some still in Russian and under construction, some fully live.
Schools may wish to consider a communication to current and prospective parents alerting them to this scam and drawing their attention to the school’s own processes for payment and admissions.
Please also see our template takedown notice for domains.
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.
- 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 who are not currently working in the independent school sector as well as support staff in independent schools who have considerable administrative management experience 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.
“AI is poised to change the world, and two of the earliest areas that it will impact
are education and marketing.” (Michael Bhaskar)
AMCIS invites you and your team(s) to a FREE 60-minute webinar with special guest Michael Bhaskar, co-author of Sunday Times and NY Times best seller The Coming Wave: AI, Power, and the 21st Century’s Greatest Dilemma, to discuss the outlook for schools and schools marketing in an AI-driven world.
The webinar will be chaired by Dr Helen Wright. In association with Marketing Advisers for Schools. All are welcome to attend including heads, senior leaders, admissions/marketing/external relations directors. Click here for full details and registration.
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
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:
- 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
- Template Takedown Notice for Domains
- ISBA Compliance Frequently Asked Questions (FAQ) - 09/04/2024
- Tax and NIC Treatment of Benefits Associated with Living Accommodation - 09/04/2024
- Guidance on Enhanced Criminal Records checks required for Independent School Proprietors / Chairperson of the Proprietorial Body - 08/04/2024
- Fees in Advance Calculator with Crowe and ISBA Formulae - 08/04/2024
- Updated Government Holiday Pay Guidance - Briefing Note - 08/04/2024
- VAT on School Fees Calculator Spreadsheet - 04/04/2024
- ISBA Technology Survey Report - March 2024 - 26/03/2024
- The Changing Nature of Headship - HMC Final Report - 26/03/2024
- The Changing Nature of Headship in HMC Schools - HMC Research Findings -26/03/2024
- AGBIS Governors' Compliance Guide - 26/03/2024
- Summary of Government Guidance Updates to 26 March 2024
The Pilgrims School - Director of Finance and Resources - Winchester
The Pilgrims School is a leading day and boarding boys’ prep and double choir school, in a beautiful and historic ‘city meets country’ setting in Winchester.
Click here for further information on this job vacancy.
Sir William Perkins's School - Director of Finance and Operations - Chertsey, Surrey
Sir William Perkins’s School is a warm and friendly independent girls’ school for 600 students aged 11-18. Set in 13 acres of attractive green-belt grounds in Surrey, SWPS is a beautiful environment with first-rate facilities.
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.
Click here for further information on this job vacancy.
Summer term regional group meetings will take place as follows:
- 16 April at 9.30am – Welsh, virtual meeting
- 18 April at 9.15am – South West, virtual meeting
- 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
- 16 June at 9.30am – Welsh, virtual meeting
- 17 June, time TBC – Surrey, face-to-face, Daneshill
- 19 June at 10am – EABA, face-to-face meeting, Homerton College