Agenda Document Pack - Renfrewshire Council Joint Negotiating Committee for Teaching Staff - 03/09/2024
Renfrewshire Council · 3 September 2024
Back to Renfrewshire Council Joint Negotiating Committee for Teaching Staff — 3 September 2024 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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28/08/2024 Notice of Meeting and Agenda Renfrewshire Council Joint Negotiating Committee for Teaching Staff Date Time Venue Tuesday, 03 September 2024 14:00 Corporate Meeting Room 2, Renfrewshire House, Representing Renfrewshire Council Management Councillor E Rodden; Councillor J Paterson; E Henry (Head of Education); G Lyons (Interim Head of Education); J Colquhoun, Education Manager (Development); K Henry, Head Teacher, St Andrews Academy; J Houston, Head Teacher, Mossvale Primary School; A Hall, Education Manager (Development); M Thomas, Education Manager (Development) (all Education and Childrens' Services); and K Clark, Strategic Lead Partner (People), (Finance and Resources), Representing Renfrewshire Council Teaching Staff K Fella/M Russell (Joint Secretary), JP Tonner, T Millar, Y Murray, D Tollan, B Kelly and P Quinn (all EIS); R Kane(SSTA); and L Gibson (NASUWT) and D Baxter (EIS - Adviser to Teachers'Side). Further Information A copy of the agenda and reports for this meeting will be available for inspection prior to the meeting at the Customer Service Centre, Renfrewshire House, Cotton Street, Paisley and online at http://renfrewshire.cmis.uk.com/renfrewshire/CouncilandBoards.aspx For further information, please email democratic-services@renfrewshire.gov.uk MARK CONAGHAN Head of Corporate Governance Page 1 of 114
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28/08/2024 Items of business Apologies Apologies from members. Declarations of Interest and Transparency Statements Members are asked to declare an interest or make a transparency statement in any item(s) on the agenda and to provide a brief explanation of the nature of the interest or the transparency statement. Chairperson Consider the appointment of a Chairperson for this meeting. 1 Minute of Previous Meeting Minute of previous meeting held on 11 June 2024. 5 - 10 2 Matters Arising Matters arising from the Minute of the previous meeting held on 11 June 2024. 3 Action Log 11 - 16 4 Appointment of Staff Report by Head of Education. 17 - 20 5 Absence Management / Supporting Attendance (Teachers) Policy Report by Head of Education. 21 - 30 6 JNC 14/15 Discipline and Grievance Procedures Report by Head of Education. 31 - 106 7 Job-Sizing Review Report by Joint Secretary (Teachers' Side). 107 - 108 8 Printing Procedures and Printing Facilities Report by Joint Secretary (Teachers' Side). 109 - 110 9 Changes to Digital Infrastructure Report by Joint Secretary (Teachers' Side). 111 - 112 10 Duel Presentation and Unit Catch-up Report by Joint Secretary (Teachers' Side). 113 - 114 Page 2 of 114
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28/08/2024 11 Date of Next Meeting Members are asked to note that the next meeting of the Renfrewshire Council Joint Negotiating Committee for Teaching Staff is scheduled to be held at 2.00 pm on 12 November 2024. Page 3 of 114
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Minute of Meeting Renfrewshire Council Joint Negotiating Committee for Teaching Staff Date Time Venue Tuesday, 11 June 2024 14:00 Corporate Meeting Room 2, Renfrewshire House, PRESENT Representing Renfrewshire Council Management Councillor Paterson; E Henry and G Lyons, both Interim Head of Education, J Colquhoun, A Hall and M Thomas, all Education Managers (Development), K Henry, Head Teacher, St Andrews Academy (all Education & Children’s Services); and K Clark, Strategic Lead Partner (People), (Finance and Resources). Representing Renfrewshire Council Teaching Staff K Fella, (Joint Secretary), M Russell, Y Murray, (all EIS); R Kane (SSTA); A Dolan (NASUWT) and D Baxter (Adviser to Teachers' Side). IN ATTENDANCE S Fanning, Strategic Lead Partner (Health & Safety) and D Cunningham, Committee Services & Licensing Officer (both Finance & Resources). APOLOGIES Councillor Rodden, J Houston, Head Teacher, Mossvale Primary School, JP Tonner, D Tollan, T Millar and B Kelly (all EIS) and L Gibson (NASUWT). DECLARATIONS OF INTEREST AND TRANSPARENCY STATEMENTS There were no declarations of interest or transparency statements intimated prior to the commencement of the meeting. Item 1 JNC030924 Page 5 of 114
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1 CHAIRPERSON In accordance with the terms of the local recognition and procedure agreement, it was due to be the Teachers’ Side to chair this meeting. As the Joint Chair (Teachers’ Side) had submitted apologies, it was requested that the Management Side chair this meeting. This was agreed. Councillor Paterson chaired the meeting in Councillor Rodden’s absence. DECIDED: That Councillor Paterson chair this meeting. 2 MINUTE OF PREVIOUS MEETING There was submitted the Minute of the meeting of this Committee held on 14 May March 2024. DECIDED: That the Minute be approved. 3 MATTERS ARISING In relation to mobile phone use in schools, it was noted that the Interim Head of Education would re-issue the Council’s policy on mobile phone use in schools to all head teachers and arrange a meeting to discuss this further with the Teachers’ Side. The Teachers’ Side advised that they would commence their own review of the policy meantime whilst awaiting an update on the Scottish Government’s position on the matter. In relation to the Violence and Aggression Policy it was agreed that any specific issues in relation to the reporting of incidents be raised with the Interim Head of Education. It was noted that further information in respect of professional learning would be available at the October In-Service day as this initially required to be considered by the Education and Children’s Services Policy Board. In relation to the Inclusion Update, it was noted that there had been several media statements made recently relative to ASN provision/funding. DECIDED: (a) That the Interim Head of Education would re-issue the Council’s policy on mobile phone use in schools to all head teachers; (b) That the Interim Head of Education would arrange a meeting to further discuss mobile phone use in schools with the Teachers’ Side; (c) That it be noted that the Teachers’ Side would commence their own review of the mobile phones in school policy; (d) That any specific issues in relation to Business World incident reported be raised with the Interim Head of Education; and Page 6 of 114
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(e) That it be noted that further information relative to professional learning would be available at the October In-Service day following consideration by the Education and Children’s Services Policy Board. (f) That it be noted that there had been recent media statements made relative to ASN provision/funding. 4 ACTION LOG The action log for the JNC was submitted. DECIDED: That the updates to the action log be noted. 5 ANNUAL REPORT SESSION 2023/24 There was submitted a report by the Joint Secretaries relative to the Annual Report for Session 2023/2024. It was noted that at Appendix 1, Management Side Membership, the report should have read J Houston, Head Teacher, Mossvale Primary School, and not Heriot Primary School. The report outlined the meetings of the Renfrewshire Council Joint Negotiating Committee for Teachers held since the previous Annual General Meeting on 6 June 2023. The report detailed the ongoing work of the Committee, it’s membership and summarised the reports discussed during this period. It was highlighted that the issue of staff not having access to Standard Circulars on Renfo, which had been raised earlier in Session 2023/24, was not yet resolved. The Interim Head of Education advised that she was unaware of this issue as it had been discussed prior to her appointment but that she would investigate how access to Circulars could be provided going forward. DECIDED: (a) That the Interim Head of Education investigate how access to Standard Circulars could be provided to staff; (b) That the Annual Report Session 2023/24, amended as above, be circulated to all educational establishments; and (c) That otherwise the report be noted. 6 MEMBERSHIP OF THE JOINT NEGOTIATING COMMITTEE FOR TEACHERS 2024/25 There was submitted a report by the Joint Secretaries relative to Membership of the Joint Negotiating Committee for Teachers for session 2024/25. The report outlined members, joint chairpersons and joint secretaries for 2024/25. The Teachers’ Side advised that T Millar and P Quinn (both EIS) were no longer Page 7 of 114
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members and that they may add additional members or substitute members as required. The Management Side advised that M Thomson and J Colquhoun were stepping down and being replaced by S Bell and Y Ward, both Education Managers. DECIDED: (a) That the membership of the Joint Negotiating Committee for Teachers be noted for session 2024/25; (b) That the appointment of joint chairpersons Councillor E Rodden and Mr JP Tonner and joint secretaries E Henry and K Fella be agreed; VALEDICTORY The Joint Secretaries expressed their gratitude to the outgoing members for their valuable contribution to the work of the Renfrewshire Joint Negotiating Committee for Teachers. 7 DATES FOR FUTURE MEETINGS 2024/25 There was submitted a report by the Joint Secretaries relative to dates for future meetings of the Renfrewshire Joint Negotiating Committee for Teachers during Session 2024/25. The report outlined meeting dates which were agreed at Council to the end of 2024 and proposed meeting dates for 2025 to be approved by the JNC. DECIDED: (a) That the schedule of meetings to the end of 2024 be noted; and (b) That the proposed dates for meetings during 2025 be agreed. 8 SCHOOL HOLIDAYS There was submitted a report by the Interim Head of Education relative to the start date for the August 2025 session and the re-alignment of dates to better match the session dates of neighbouring Local Authorities. There followed a general discussion on the proposals and it was agreed that the amended start date of 12 August 2025 be approved. DECIDED: That the amended start date of 12 August 2025 be approved 9 NQT INDUCTION DAYS (FRI 11TH AUGUST 2023 AND 12TH AUGUST 2024) There was submitted a report by the Joint Secretary (Teachers’ Side) relative to trade union involvement at Newly Qualified Teacher (NQT) induction days. The Teachers’ Side advised that they had previously been invited to present the benefits of trade union membership to Renfrewshire’s NQTs, but that this opportunity had not been afforded to them in 2023. The Teachers’ Side requested that the Page 8 of 114
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participation of trade union representatives be re-incorporated into the August 2024 induction event and that trade union input be made a standing item at future NQT induction days. J Colquhoun, Education Manager, explained that there had previously been two NQT induction days, but that these were now condensed into one day. Due to the time pressure of fitting in all the required information in one day, it would not be possible to accommodate a trade union session at this forthcoming induction day. Trade union representatives were still welcome to be present on the day and communications would be provided in advance to all NQTs regarding trade union membership. It was proposed that a separate trade union information session be arranged for NQTs, it was agreed that J Colquhoun, Education Manager, discuss this further with the Joint Secretary (Teachers’ Side). DECIDED: (a) That it be noted that there could not be a trade union session at the August 2024 NQT induction day; (b) That trade union information be provided to NQTs in advance of the August induction day; and (b) That J Colquhoun, Education Manager, discuss the provision of a separate NQT trade union information session with the Joint Secretary (Teachers’ Side). 10 RENFREWSHIRE EDUCATIONAL PSYCHOLOGY SERVICE (REPS) There was submitted a report by the Joint Secretary (Teachers’ Side) relative to Renfrewshire Educational Psychology Service (REPS). The report outlined the role of Educational Psychologists and their concerns expressed regarding their ability to deliver the required initiatives due to the proposed termination of temporary contracts recently announced and around the staffing complement within the service. The Teachers’ Side expressed concern that any reduction in the REPS service would have a consequential impact on teachers and the level of support being provided to pupils and young persons at a time when evidence indicated that the need for the REPS service had increased, not decreased. The Interim Head of Education provided the Committee with an explanation on REPS current ratios, staffing levels and funding. She advised that communications had already taken place with the Head of REPS. The Joint Secretaries would discuss this matter further and involve the Head of REPS if required. DECIDED: That the Joint Secretaries discuss this matter further and involve the Head of REPS if required. SEDERUNT G Lyons left the meeting during the following item of business. Page 9 of 114
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11 SEESAW AND IMPLICATIONS OF DIGITAL PLATFORMS There was submitted a report by the Joint Secretary (Teachers’ Side) relative to Seesaw and other digital platforms and the implications for accessibility to teachers outwith the working day via its instant messaging function. The report advised that Seesaw was regularly used by parents/carers as a communication method, despite several reminders that this should not be done. The Teachers’ Side expressed concern that the reporting function of Seesaw, in particular the expectation that learning continue to be shared with parents/carers, was impacting time spent teaching or preparing for lessons and was unsustainable as it had created additional workload and stress for teachers. The Teachers’ Side sought to balance the workload of teachers with proportionate progress reporting by way of an audit of digital platform use to create a policy which would ensure a consistent approach across all establishments, limit access to teachers beyond their normal working day and incorporate protocols around the use of Seesaw when messaging teachers to involve intermediaries such as the school office or SMT as appropriate. The Teachers Side also requested recognition that where staff agreed to the use of digital platforms such as Seesaw that these be realistically incorporated into working time agreements with time taken from the recording and reporting time used for that purpose. There was a general discussion on the benefits and negative impacts of using Seesaw and it was agreed that a review of it’s use and cost would be beneficial and that this could be reflected in the work being undertaken on Working Time Agreements. The Interim Head of Education would take this area of work forward. DECIDED: That the Interim Head of Education arrange a review of digital platform use across the school estate, in particular the Seesaw application. DATE OF NEXT MEETING It was noted that the date of the next meeting of the Renfrewshire Joint Negotiating Committee was scheduled to be held at 2.00pm on 3 September 2024. Page 10 of 114
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Joint Negotiating Committee For Teachers – Action Log Item 3 Date of JNC Meeting Report Action to be taken Officer responsible Due date (default date is the date of the next meeting unless either the report or the Joint Secretaries suggests an alternative date) Status (this section requires to be completed by the two Joint Secretaries to be included as an update at the next meeting) 6 February 2024 Item 3 Matters Arising (a) Set up working group to discuss JNC/15 Grievance Procedures (c) Standard Circular access work (d) Safeguarding triggers in SEEMIS (e) Let’s be Heard Covid Enquiry update (a) E Henry - Interim Head of Education (c) J Colquhoun -Education Manager (Development) (d) E Henry - Interim Head of Education (e) M Thomas - Education Manager (Development) 26 March 2024 26 March 2024 26 March 2024 26 March 2024 To be arranged for Term 4 To be arranged for Term 4 Item 3 JNC030924 Page 11 of 114
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6 February 2024 Item 4 Violence and Aggression Update (a) Provide examples of BW glitches (b) Update on national H&S working group (a) Teachers’ Side (b) Principal HR&OD Adviser Ongoing Ongoing 6 February 2024 Item 6 Mobile Phone Use (a) Staff advised that policy would be reviewed (b) Working group to be set up to facilitate review of policy (c) Mobile phone policy reissued to schools with caveat that phones can only be used as directed by staff G Lyons - Interim Head of Education Ongoing 26 March 2024 Item 3 Matters Arising (a) Notify Principal HR&OD Adviser of any BW issues with reporting incidents (c) Review of Mobile Phone Use in Schools Policy (e) Discuss time for Trade Union meetings not being provided Teachers’ Side GL – Interim Manager of Education and Teachers’ Side EH – Interim Head of Education and Teachers’ Side 14 May 2024 14 May 2024 14 May 2024 Ongoing Ongoing Update required from Teacher’s side Page 12 of 114
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14 May 2024 Item 7 Violence and Agression (b) Professional Learning to be shared with HTs (c) HTs to be requested to remind teaching staff of the reporting arrangements in place in their schools (d) Meeting with Teachers Side to discuss BW incident recording EH EH SF and Teachers Side 11 June 2024 11 June 2024 11 June 2024 14 May 2024 Item 8 Removal of Teacher Exchange Scheme That the scheme continue and it be promoted more widely within schools and revisited next session. EH and Teachers Side Ongoing 14 May 2024 Item 10 Flexible Working Flexible Working Policy information to be issued to all HTs EH 11 June 2024 14 May 2024 Item 11 In Service Days/Public Hoildays and P/T Contracts Meeting to be held between both sides to discuss Both Sides 11 June 2024 Page 13 of 114
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14 May 2024 Item 12 Payroll and Salary Overpayments (a) Working Group to be established to discuss concerns raised; (b) that payroll directional videos be provided to teachers; (C) Ipads provided to schools to enable access to BW to be located and put back into use within the Council estate. Both Sides Management Side Both Sides 11 June 2024 11 June 2024 11 June 2024 11 June 2024 Item 3 Matters Arising (a) Reissue the Council’s policy on mobile phone use in schools to all HTs (b) Arrange meeting to further discuss mobile phone use in schools with Teachers’ Side (c) Raise BW issues (d) Professional Learning Information to be available at October In-Service day GL GL Teachers’ Side EH 3 September 2024 3 September 2024 3 September 2024 3 September 2024 Page 14 of 114
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11 June 2024 Item 4 Annual Report (a) Investigate how Standard Circulars could be made available to staff (b) Annual Report 2023/24 to be circulated to all educational establishments. EH EH 3 September 2024 3 September 2024 11 June 2024 Item 8 School Holidays Start date amended to 12 August 2025 in line with other neighbouring authorities and discussion to be continued on the remaining school days for 2025/26. Both Sides 3 September 2024 11 June 2024 Item 9 NQT Induction Days The provision of a separate TU information session outwith the NQT induction day would be discussed J Colquhoun and Joint Secretary (Teachers’ Side) As soon as possible. 11 June 2024 Item 10 REPS Discuss the provision of REPS and involve Head of REPS if required Joint Secretaries 3 September 2024 Page 15 of 114
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11 June 2024 Item 11 Seesaw and Digital Platforms Review digital platform use across the school estate, particularly Seesaw GL with Teachers Side Ongoing Page 16 of 114
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Agenda Item .......... Renfrewshire Joint Negotiating Committee for Teachers To: Renfrewshire Joint Negotiating Committee for Teachers On: 3 September 2024 Report by Head of Education Standard Circular 16 (a) The Appointment of Senior Promoted Staff in Primary, Secondary, and ASN Schools (b) The Appointment of Senior Teachers, Assistant Principal Teachers and Principal Teachers in Primary, Secondary and ASN Schools (c) The Appointment of Teachers to Permanent Basic Grade Posts 1. Background 1.1 We are updating a number of our Standard Circulars that have not been reviewed for some time. To ensure an open and transparent approach to this we would like to make members aware of this work. Standard Circular 16 gives general information and guidance about the appointment of teachers to permanent posts. 2. Recommendation 2.1. Members of the JNC are asked to support this policy being updated as it has not been reviewed since 2001. Item 4 JNC030924 Page 17 of 114
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Revised Standard Circular 16 _____________________________________________________________________________________________________ Standard Circular 16 July 2001 July 2001 Education and Leisure Services Cotton Street Paisley PA1 1LE To: Heads of all Educational Establishments Dear Colleague SCHEME FOR THE APPOINTMENT OF TEACHERS TO PERMANENT POSTS This circular gives general information and guidance about the appointment of teachers to permanent posts. 1. Renfrewshire Council aims to be an equal opportunities authority. The general aim of its equal opportunities policy is to ensure that no job applicant or employee receives less favourable treatment than any other on grounds such as race, colour, nationality, ethnic or national origins, religion, age, sex sexuality, marital status or disability. No job applicant or employee should be disadvantaged by conditions or requirements which cannot be shown to be justified. 2. Permanent teaching posts in Renfrewshire are normally advertised nationally through the public press. Temporary vacancies may be filled without national advertisement. 3. Application for posts can be made by any teacher who is registered with the General Teaching Council. 4. Renfrewshire Council operates a job-sharing scheme for teachers. 5. A school job description and person specification will be prepared for each post. These will correspond with nationally agreed duties and standard Renfrewshire job descriptions, copies of which are available in all schools. 6. Full account will be taken of the professional qualifications, the length and nature of the teaching service, registration with the General Teaching Council and the relevant experience of each candidate. Renfrewshire Council Page 18 of 114
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_____________________________________________________________________________________________________ Standard Circular 16 July 2001 July 2001 -2- 7. The authority will fulfil its statutory obligations in relation to the filling of promoted posts in denominational schools. 8. Recommendations for appointment to posts will be made by appointment committees. The membership of these committees is described in the appropriate standard circular for each category of post. Each appointment committee includes a representative of the director of education and leisure who will monitor those parts of the selection process in which he/she is involved. Any concerns expressed by the director’s representative which cannot be resolved at the time will be considered by the head of support for learning. No appointment can be confirmed until the matter has been resolved. 9. In addition the director of education and leisure, or any other officer of the education authority nominated by the director, is entitled to take part in any of the proceedings of an appointment committee as an assessor but will not have a vote at any stage in the proceedings. At interview an assessor would be entitled to ask questions of candidates and to make comment on candidates at the discussion stage. 10. Canvassing of a member of an appointment committee, whether directly or indirectly, shall disqualify the applicant from consideration for the post in question. 11. Appointment committees, other than in exceptional circumstances, may not consist solely of members of one sex. 12. Members of an appointment committee (including assessors) must declare in advance to the director of education and leisure, any relationship or close friendship with any of the applicants which to an outsider could suggest bias which might be a factor in any judgement made during the selection process. The director of education and leisure will then assess what action is required. Failure to declare an interest will be regarded as a serious breach of council policy. 13. Application for posts must be made on the appropriate form. Applications will normally be submitted through the candidate’s head teacher in order that the appropriate report can be attached by the head teacher to the application form. Reports on candidates who are head teachers of schools in Renfrewshire will be written by the director of education and leisure or his/her nominated senior officer. Reports on applicants from another authority will be obtained from that authority. Applicants who are not employed in a school should submit a report from an appropriate person. Applicants may also submit a copy of one testimonial. 14. Renfrewshire Council is committed to a policy of openness and accountability in keeping with which all applicants must be given a copy of the appropriate report form written about them and must have the opportunity to discuss it with the appropriate member(s) of the council’s staff. Page 19 of 114
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_____________________________________________________________________________________________________ Standard Circular 16 July 2001 July 2001 -3- 15. Preparing for an interview itself can be a valuable learning experience for candidates. All candidates who are interviewed will have the opportunity, should they so wish, to discuss their performance at a later date with the head teacher or one of the authority’s representatives on the appointment committee. 16. The authority will continue with a training programme for all officers who are regularly involved in the selection process. The eventual aim will be to ensure that all staff involved in the selection process will have had appropriate training. Elected members of the authority and school board members will be encouraged to undertake appropriate training. Yours sincerely SHELAGH RAE Director of Education and Leisure IM/EJ/BA/LG July 2001 Page 20 of 114
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Agenda Item .......... Renfrewshire Joint Negotiating Committee for Teachers To: Renfrewshire Joint Negotiating Committee for Teachers On: 3 September 2024 Report by Head of Education Absence Management / Supporting Attendance (Teachers) Policy 1. Background 1.1 We are updating a number of our policies that have not been reviewed for some time. To ensure an open and transparent approach to this we would like to make members aware of this work. The Absence Management/Supporting Attendance Policy has not been updated since 2001. This year this policy was updated for local government employees. This has resulted in establishments working with two different sets of procedures in relation to absence management. 2. Recommendation 2.1. Members of the JNC are asked to support this policy being updated to ensure clear and consistent absence management and supporting absence processes and procedures for Local Government and teaching employees. Item 5 JNC030924 Page 21 of 114
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Absence Management Policy Teaching Staff Aims and Objectives of the Policy To ensure that all services are delivered efficiently and effectively. As an employer the Council has a duty to respond to actual and potential problems arising from absence levels particularly in relation to service delivery and staff welfare. The Council recognises its responsibility for the health, safety and welfare of its employees and, in conjunction with other policies of the Council, places great emphasis on the comprehensive range of services and agencies established to provide assistance to employees. All employees will be treated in a fair and consistent manner and will be encouraged to seek help with any problems they might have which are resulting in non- attendance at work. Employees may seek assistance from colleagues and/or trade union representatives at any point in the application of this procedure. 1. Notification and certification requirements 1.1 In relation to all absence on grounds of illness, the following notification and certification requirements should be observed as appropriate. 1.2 A teacher must fulfil all the requirements set out below to be entitled to the authority’s Sickness Absence Allowance. 1.3 Stage 1 – An employee who is unable to report must notify the head of the establishment where possible within 1 hour of normal school opening. If at all possible, notification should be given before the start of the working day. As much information as possible should be given regarding the reason for the likely duration of the absence. In circumstances where the employee is unable to make personal contact with the head of the establishment, a relative or friend should be asked to make the necessary contact. 1.4 Stage 2 – Staff who are absent from work for between 1 and 7 calendar days must complete a self-certification form on return to work. 1.5 Stage 3 – Where an absence continues to a fourth day, the employee, or some other person acting on his or her behalf should contact the establishment and indicate whether the period of absence in likely to continue beyond the seven calendar days. Where it is anticipated that the absence will continue beyond the seventh day, a self-certification form should be sent to the employee for completion in respect of the first seven days. Page 22 of 114
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1.6 Stage 4 – Where the absence extends beyond seven calendar days the employee must submit a doctor’s statement to cover the period after the seventh day, together with a self-certification form to cover the first seven days of absence. 1.7 Stage 5 – Where further doctor’s statements are received extending the period of the same absence, these must be submitted timeously. 1.8 During any period of absence, the employee should maintain regular contact with the head of establishment. The frequency of contact may be varied in cases of long-term absences, when the employee should maintain contact, at least in accordance with the length of their doctor’s certificates. 1.9 It is good management practice to maintain contact with absent employees whether their absence is of a short or long term nature. In certain cases the employee of head of establishment may consider it more appropriate to maintain contact through a third party. Head teachers should be aware that contact during periods of absence is a delicate issue, and every effort should be made to avoid contact which might be felt by an employee as being harassment, especially if they have followed the guidelines laid out for contacting the school and submitted medical reports. Pastoral visits or calls should be clearly established as such. Employees have the right to refuse visits or calls to their homes when sick, or at any other time. 2. Recording Details 2.1 Attendance records should be maintained for all members of staff. All absences must be recorded on the appropriate record system. All necessary forms for the use of the finance department must be completed and submitted as required. Strict confidentiality must be maintained with respect to all recorded details, especially regarding medical certificates. Employees have a right of access to all information recorded in personal files. No comments, other them verifiable facts, should be recorded. 3. Return to work process 3.1 The employee must contact the head of establishment or school officer on return to work to confirm that return to work has taken place and to finalise any remaining documentation. The arrangements for this may be quite informal. Confirmation of the employee’s return to work is normally all that is required where the head of establishment is satisfied that the cause of absence was genuine and that the absence records is not a matter of concern. Page 23 of 114
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3.2 The date of the return should be recorded on the SEEMIS staff absence attendance record. Any relevant documentation should be held separately and confidentially. 3.3 Where there are any concerns regarding the return to work it should be noted on the self-certification form. Advice should be sought from a more senior manager and/or a personnel practitioner, with a view to arranging a formal interview if appropriate. 3.4 Where it is considered that there has been an abuse of the system, further steps may be taken as indicated in section 9 below. 4. Return to work meetings 4.1 Where a return to work meeting is considered, the purpose of the meeting must be intimated to the employee in advance. The employee should be reminded of the right to representation at this meeting. Such meetings should include consideration of periods of absence due to an accident in the course of employment. A meeting will normally be arranged with employees whose absence record is a cause for concern (appendix 1 gives suggestions on what may constitute a cause for concern). 4.2 The meeting is essentially fact finding in nature and should take place in a private setting. It should be conducted in a sympathetic manner. While such interviews will normally be conducted within the establishment, there may be occasions where an employee may choose to discuss the nature of the his/her absences with a mutually acceptable person outwith the establishment. 4.3 Where the underlying cause of the employee’s absence is believed to be or can be established to be the result of personal difficulties such as domestic or marital problems, debt, alcohol, drug or substance abuse, or gambling, the head of establishment may suggest that the employee will wish to refer him or herself to the appropriate welfare service. Advice in this matter may be sought from the Personnel Manager, education and leisure personnel. 4.4 Where the underlying cause of absence is believed to be health-related, an employee may be required to produce satisfactory additional evidence of medical circumstances or to submit to a medical examination by the Council’s examining medical officer. Heads of establishment should bring relevant cases to the attention of education and leisure’s personnel services manager who may make arrangements for a medical examination. Heads of establishment must discuss with employees the intention to report a concern to the personnel services manager and must advise them that this may result in a need to approach the employee’s own doctor. Employees in this situation Page 24 of 114
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will be advised by the appropriate officer of their rights under the Access to Medical Reports and Records Acts and will be asked to sign a form of consent. 4.5 Monitoring Period/Follow Up Meeting When a manager after conducting a sickness/absence meeting decides to review the employee’s attendance after a further period, which may or may not include the assistance explained below, there will be a requirement to conduct a follow up meeting which should take place no later than 3 months from the date of the first sickness/absence meeting. If an acceptable level of attendance has been achieved, the employee should be encouraged to maintain that level. If no improvement has been made then further advice/help may be offered and another meeting can be arranged for a future date, which may include further close monitoring of the employee’s attendance record. Note: All sickness/absence meetings must be recorded separately and confidentially using the appropriate documentation. 5. Guidance on Managing Absence Categories (see 4.1 above) 5.1 Short Term Intermittent Absence 5.1.1 Definition – A short-term absence can be defined as any single period of absence including industrial injury, to a maximum of 19 working days (NB. This definition applies for the purposes of these guidelines only. It does not apply to thresholds set from time to time for absence cover purposes). 5.1.2 Where short terms absences have been identified, a distinction should be made between absence on grounds of ill health or injury where there is an identifiable underlying health problem, and an absence record which has short term intermittent absence and where there is no identifiable underlying health problem. 5.2 Short Term Intermittent Absence – Underlying Health Problem 5.2.1 In a case of illness where there is an underlying health problem which manifests itself as short term intermittent absences and the underlying health problem is confirmed by the Council’s Medical Adviser, it is not appropriate to take disciplinary action. Where medical examination and/or information reveals an inherent underlying medical problem the employee will usually receive medical, physiotherapy, remedial surgery etc. which will often result in an acceptable rate of recovery and attendance level being achieved. Page 25 of 114
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5.3 Short Term Intermittent Absence – no underlying health problem 5.3.1 In the case of short term intermittent absence where there is not identifiable underlying health problem, the matter should be treated as an attendance issue and the manager/supervisor should give consideration to undertaking a formal counselling interview in an attempt to allow the employee the opportunity of improving his or her attendance record. The employee should be informed of the potential consequences if there is a failure to improve. This should be done prior to determining whether or not invoking the disciplinary procedure is appropriate. (paragraph 9) 6. Long Term Absence 6.1 Long-term absence is defined as any single period of absence, including industrial injury, amounting to 20 or more working days. (NB. At 6.1 and 6.2: This definition applies for the purposes of these guidelines alone. It does not apply to thresholds set from time to time for absence cover purposes). 6.2 When an employee has been absent for 20 working days, that employee will be considered to be a long term absentee. Thereafter, except in cases where it is deemed medically inappropriate, the head of establishment, depute or other appropriate nominated senior officer should seek to maintain contact with the employee, on a quarterly basis as a minimum, offering advice and assistance as appropriate. 6.3 In normal circumstances medical advice should be sought from the Occupational Health Adviser as to the nature of the problem and the likely duration of the absence. (see section 8) 6.4 Throughout the duration of the absence it is essential to consult regularly on a personal basis with the employee and consider the employee’s opinion on his/her condition. Where the prognosis is such that a prolonged absence or absences are likely then the case should be treated as one of capability (see paragraphs 1.9 and 6.9 (c)). 6.5 Regular contact should be maintained with the member of staff where possible. If circumstances allow, the situation should be reviewed at quarterly intervals. This will help to keep the establishment informed and will allow the employee to be given any re-assurances which may be necessary. 6.6 After a long absence a member of staff may have anxieties about his or her ability to cope with the demand of the job when he or she returns. In order to assist the employee heads of establishment may wish to discuss with the personnel services manager and the employee the possibility of a more flexible approach to a return to work. Page 26 of 114
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6.7 In circumstances where the employee is unlikely to return to work further action will generally be initiated by the director of education and leisure. As a first step the medical facts must be confirmed (see section 8). 6.8 When reviewing the case the following factors should be taken into consideration: Age and length of service Entitlements to pension and other financial benefits Any continuing entitlement to sickness allowance The attitude of the employee to any major change in lifestyle The effect of the continuing absence on the delivery of the service and other employees 6.9 Circumstances may vary from case to case. The following are, however, some of the possibilities which will be considered by the director. (a) Part-time work – phased return to work: some employees while being unable to return to work full-time may be capable of working reduced hours. This can be achieved by means of job-sharing, part-time working or by a phased return arrangement following discussion with the personnel services manager and the employee. The employee will be advised regarding the financial implications (b) Ill health Retirement: where a teacher is unable to return to work it is open to him/her to apply to the SPPA for ill health retiral. It should be noted that to be granted such a retiral a teacher has to be assessed as permanently unfit to teach, this determination being made by the SPPA based on medical reports. Advice on this process should be sought from education and leisure’s personnel section. (c) Consideration of dismissal on grounds of incapability through ill-health: where retirement on the grounds of permanent ill health is not accepted, and where there is documented evidence of the correct procedures having been followed, consideration may have to be given to terminating employment on the grounds of the employee being unfit to perform the duties of the post because of ill-health or absence. This involves dismissing the employee. Authorisation for such a dismissal can only be granted by the education and leisure committee. The terms of teacher conditions part 13.2.9 are applicable in such cases. 7. Management Considerations 7.1 Employee Assistance At the return to work and sickness/absence meeting, the manager will assess the employee absence record, its effect on the service, as well as other employees and attempt to establish reasons for the absences, identify Page 27 of 114
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underlying trends and seek to offer any assistance to the employee e.g. Occupational Health Adviser (OHA), Staff Welfare Service, Employee Counselling Service (ECS), Health and Safety advice and other related personnel policies, all with a view to improving the employee’s attendance record. Note: In circumstances where an individual has been referred to OHA or the Employee Counselling Service, a further interview should be arranged as soon as the relevant report has been received. In circumstances where there is an identifiable underlying health problem managers should refer to paragraph 5.2. 8. Referral to the Council’s Examining Medical Officer 8.1 Special Medical Examinations 8.1.1 In normal circumstances in the case of long-term absence, medical advice should always be sought from the OHA. In the case of short term intermittent absences, whilst it is not always necessary to obtain a medical report it may be advisable to do so in some circumstances, if only to establish that there is no underlying health problem. Where it is considered that a medical examination may be required this should be discussed with the personnel services manager. 8.1.2 A medical report will contain the following information: The nature of the problem its’ likely duration whether the employee is likely to make a full recovery and, what work he or she is capable of undertaking and in what period. 8.1.3 The purpose of obtaining this information is to enable the manager to make informed decisions on how to deal with the employee’s absence within the terms of this policy. However, any decision relating to the employee is the responsibility of managers in consultation with the personnel office and not the OHA. 9. Disciplinary Considerations 9.1 Where there are grounds for suspecting an abuse of sick leave entitlement, it is vital that the employee is advised of his/her rights, especially to representation, before any action is taken. If at any stage in the management of absence procedure (including the return to work process) an employee’s absence record is deemed to be unacceptable and/or where: Page 28 of 114
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A particular pattern of absence can be identified and/or No sustained improvement has taken place and/or The employee is unable to offer any mitigating reason for the absences and/or There is no identifiable underlying health problem The manager many consider further action. 9.2 Action may include the removal of employment facilities such as: Withdrawal of self certificates, or Withdrawal of sickness allowance Where this is considered, the terms of part 13.2.17 of the conditions of service for teaching staff apply. It is essential therefore that education and leisure’s personnel services manager is consulted before any action is taken or suggested. 9.3 Disciplinary action from warning through to dismissal depending on the circumstances/past records of the case, in accordance with the relevant conditions of service and procedures. 9.4 The head of establishment, where appropriate, will consult with an officer responsible for personnel matters within the department before deciding on the course of action/discipline he/she intends taking to ensure a consistent approach. 9.5 Where there is any abuse of the system, withdrawal of the employee’s rights to sickness allowance may be considered as a first step before formal disciplinary action is taken. Such cases should be referred by heads of establishment to the director of education and leisure, via the personnel services manager, who will determine whether or not the right to sickness allowance should be withdrawn. 9.6 In all cases where there in continuing cause for concern, the matter must be discussed in detail with the employee and every effort must be made to try and ensure an improvement in attendance. The employee must be advised that, if the required improvement is not achieved and maintained, formal disciplinary action may result. 9.7 Where absence is considered to be unreasonable or unjustified, or to be an abuse of the system, the possibility of disciplinary action must be drawn to the employee’s attention, in all cases, the employee must be informed of the improvement in attendance which is expected and warned of the likely consequences of failing to improve. Page 29 of 114
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9.8 If there is no satisfactory improvement in attendance, disciplinary action may be taken in terms of the relevant conditions of service, up to and including a recommendation of dismissal to the lifelong learning and work policy board for its consideration. 9.9 The council’s disciplinary procedures are contained in the relevant schemes of conditions of service. It is extremely important that these procedures are adhered to in every detail. 9.10 Further Help and advice on disciplinary and welfare procedures is available from education and leisure’s personnel service section. Appendix 1 Refer to paragraph 4.1: 3 self-certificates or a total of 6 working days within a rolling 6 month period, unless in terms of 3.7 above an interview should be convened earlier. 5 absences (self-certified and/or medically certificated) or 10 working days within a rolling 12 month period. Any period of unauthorised absence. Unauthorised absence is any period of absence which is not reported according to the Council’s procedure. Page 30 of 114
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Agenda Item .......... Renfrewshire Joint Negotiating Committee for Teachers To: Renfrewshire Joint Negotiating Committee for Teachers On: 3 September 2024 Report by Head of Education JNC 14/15 Discipline and Grievance Procedures 1. Background 1.1 JNC 14 and 15 have been brought to this group previously, we would like to show a commitment to updating them session. 2. Recommendation 2.1. Members of the JNC are asked to support JNC14 and 15 being updated. Item 6 JNC030924 Page 31 of 114
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Item 7 Renfrewshire Joint Negotiating Committee for Teachers To: Renfrewshire Joint Negotiating Committee for Teachers On: 3 September 2024 Job-Sizing Review Report by Joint Secretary (Teachers’ Side) Background Appendix 2.3 of the SNCT Handbook relating to job-sizing states that either a teacher or the employer may seek a review of a post to determine the number of salary points attached to the post if either party feels that there has been a substantial change in the remit. Where a postholder believes a review is appropriate they should initially discuss this with their Headteacher or Manager and where the Council believes there is a need for a review this should be discussed with the postholder. All reviews would then be referred to the Authority’s recognised jobsizing coordinators for consideration. Action We seek to remind Headteachers of the terms of Appendix 2.3: Job-Sizing Review with specific reference to the two points in the year at which a review can be triggered. Item 7 JNC030924 Page 107 of 114
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Renfrewshire Joint Negotiating Committee for Teachers To: Renfrewshire Joint Negotiating for Teachers On: 3rd September, 2024 Printing Procedures and Printing Facilities Report by Joint Secretary (Teachers’ Side) Background Recently Renfrewshire introduced a new print strategy in schools without any impact assessment or consultation with the teaching unions or staff whom it most affects. The Council started its implementation of the new strategy which has reduced the number of print devices available in schools and aims to lower the overall volume, and cost, of printing. Over the summer some new devices were brought into some establishments and whilst the move towards environmentally sound, green policies is generally supported and welcomed by the Teachers’ side the recent changes to school printer access and caps on individual and departmental printing has raised some problems for teachers. The bottom line is that any restrictions will ultimately reduce materials available to children and young people. The Teachers’ side has concerns with the implementation, infrastructure and timing of the launch of Renfrewshire’s new print strategy as it comes alongside other Microsoft licensing issues which exacerbate difficulties in accessing teaching resources. To add to the frustration, during the recent in-service days valuable time was spent gaining access to new logons/pins. Systemic and administrative problems detracted from the time available for preparation at the start of term. Some staff have expressed the worry that the very low caps imposed on in-house printing in some schools creates additional workload as teachers are having to revisit plans and produce bulk resources much further in advance. Strict limits have been imposed on the amount of ad hoc local printing permitted which will Item 8 JNC030924 Page 109 of 114
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inevitably have the effect of limiting flexibility, the lag in some subjects may even make materials less topical. There are other concerns that over-reliance on a single, central reprographics source, namely Document Solutions which can take long periods for documents to be returned to schools, is unwise. Others cite that irrespective of the quality of material produced – and there have been instances when the quality of print materials has been poor - the cost is levied to the school. Part-time staff are concerned that any restrictions will impact them disproportionately. The push towards digital learning whilst a feature of a modern curriculum does highlight inequality, raising serious concerns for those children and young people in our learning communities from lower decile backgrounds with variable access to devices or Wi-Fi at home. The poverty-related attainment gap may be widened where non-digital resources are restricted in schools. There are serious concerns too for ASN pupils and a teacher’s ability to respond to the immediate learner’s needs especially where differentiated materials are required quickly. All cuts to resources, be it photocopying budgets or print facilities, is a loss to children and young people in schools. Action • The Teachers’ Side is seeking a reconsideration in the reductions on individual and departmental printing quotas, sometimes capped at very low amounts. • A recognition that the new print strategy may place unnecessary burdens in respect of planning and limit flexibility of teachers to react to learners’ needs • The Teachers’ side is seeking assurances that the administrative aspects of gaining access to copiers will be dealt with by admin staff and that this will not fall to individual teachers to contact IT helpline as time taken to do so reduces time available for preparation and correction. Page 110 of 114
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Renfrewshire Joint Negotiating Committee for Teachers To: Renfrewshire Joint Negotiating for Teachers On: 3rd September, 2024 Changes to Digital Infrastructure Report by Joint Secretary (Teachers’ Side) Background Before the summer break there were a number of changes to schools’ digital infrastructure which are presenting several problems for staff upon their return to work after the summer recess. Staff are reporting some of the following issues: • inability to log in to Office 365 which means that staff are unable to produce and edit documents and presentations required for teaching classes. • inability to access necessary school servers which means they are unable to view and share whole school information • issues with logging into or accessing Seemis, which is an essential part of attendance, pastoral and behaviour tracking and reporting • problems with pupils logging into computers which presents subject specific implications for teaching and learning and ultimately attainment. All problems are being logged with IT helpdesk but there are concerns about the time it takes for matters to be dealt with, especially where in many cases the need is urgent and immediate. IT problems are an unnecessary source of stress and are having a significant impact on staff wellbeing and workload adding to the routine challenges that are already present for teachers. Item 9 JNC030924 Page 111 of 114
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Action • Council should investigate the many difficulties staff are reporting when trying to access online and digital resources and commit to having access issues resolved more quickly. • Conduct an audit of teaching time and/or teachers’ non-contact time lost to resolving digital problems. • Ensure that IT support is readily available and that the helpdesk treats calls as a matter of urgency ensuring problems are dealt with as quickly as possible. The affected staff need to be contacted directly to update when their issues are resolved to assist them in effective planning. • Where problems cannot be resolved with a single call that an administrative liaison link is assigned in each establishment who can resolve matters for staff rather than have teachers engaged in time- consuming access issues because there is an expectation that the infrastructure should be in place to facilitate teachers in their work rather than have individuals responsible for reporting and discussing such problems- all time wasted in doing so detracts from teachers’ non-contact preparation and correction time. Page 112 of 114
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Item 10 Renfrewshire Joint Negotiating Committee for Teachers To: Renfrewshire Joint Negotiating Committee for Teachers On: 3rd September 2024 Dual Presentation and Unit Catch-up Report by Joint Secretary (Teachers’ Side) Background Secondary members have raised concerns regarding the emerging practice of ‘dual entering’ S4 learners for National 4 and National 5 qualifications in the same subject. This is resulting in double the workload for teachers as well as stress for learners and is being done despite the Cabinet Secretary for Education having expressed the view that ‘…under no circumstances should large numbers of candidates be dual presented’ and that dual presentation would only be appropriate in a ‘very limited number of exceptional circumstances’ which should involve dialogue with young people and their parents/carers. In some cases, learners are being asked to attend school during valuable exam leave time to complete National 4 units for a subject where they are already being presented at National 5 level. Unit Catch-ups in May (for persistent non-attenders) Teachers are concerned at the growing expectation that they will cram National 4 and/or 5 units into the month of May for candidates who persistently do not attend throughout the academic session. It has become commonplace, while the SQA exam diet is already underway, to have students Item 10 JNC030924 Page 113 of 114
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Item 10 in school to complete unit assessments, despite there being no valid medical reason for their absence. Where valid reasons exist teachers are sympathetic and supportive. Teachers are however expected to ‘teach’ courses which would otherwise take much longer to complete in a truncated period in an effort to capture a cohort of persistent non-attenders and get them a ‘pass at all cost’. The practice is becoming a quick fix for the purpose of simply completing units but causes additional teacher workload and devalues the integrity of qualifications. The emphasis needs to be refocused on ensuring that young people attend regularly, not just for the month of May and it cannot be expected that teachers will continue to simply “pull learners through” units. The practice of allowing young people to complete units without completing normal courses sends the wrong message, that it is permissible to be absent from school for long periods as one-to-one sessions will be available in May. Action • The above concerns be noted. • Teachers, in discussion with learners and parents, should decide, as early as possible, the correct level of study for the learner. • Learners should only be presented for one level of study per qualification eg National 4 or National 5, except in exceptional circumstances • Finalising of unit assessments and reassessments in the month of May should accommodate learners who have already completed some units or parts of units at a particular level and require only limited time to complete the outstanding assessments to achieve a qualification. Page 114 of 114