Every Child (Achieving their Potential) Ltd Consultation with Tutors

1. Every Child (Achieving their Potential) Ltd Consultation with Tutors Norma Spark Managing Director Every Child 4th September 2019

2. Cessation of the Every Child Company • Newham Council Cabinet decided on 4th June 2019 to cease the delivery of the Every Child Programme and the funding to the company • The Council is piloting a new cultural enrichment offer from September 2019 and considers Every Child not to be a suitable vehicle to deliver the new offer • The company will close on 31st August 2019 • Every Child has been asked by Newham Council to: • initiate consultation on the formal change process • cease the Every Child programme

3. Questions raised at the mid point Consultation Meeting on 13th August 2019 Q: Is Payment in Lieu of Notice subject to National Insurance and tax deductions?A: YesQ: Are Pension payments deducted from PILON payments? A: Payments in lieu of notice are not pensionable pay for the purposes of the LGPS or the Teachers Pension Scheme. Therefore, pension payments will not be deducted. Q: Will tutors be offered individual consultation meetings?A: Yes, Julie Sheadis offering individual sessions. This can include HR related questions, support with interview skills and other related matters. Tutors can also book individual meetings with Every Child Management Team. Julie.shead@onesource.co.uknorma.spark@everychild.comtherese.may@everychild.comjune.fileti@everychild.com Slides covering the issues raised at all of the consultation meetings areon the Every Child website, to which all tutors have access.

4. Q: How will the new Cultural Enrichment offer be managed? A: Every Child has not been party to the Council’s discussions. We will ask our Commissioners how they will share information about the new programme and when it will be available.All schools have been asked by the Council to submit proposals for grant funding, to deliver cultural enrichment in their schools.Q: Will LBN be delivering music education and can tutors TUPE back to the Council? A: Schools will bid for funding from LBN to deliver cultural enrichment in ways that most suits the school. It is possible that TUPE will apply to these new arrangements. However, it is difficult to predict because the decision to seek funding will be made by each individual school. Q: Has the Dept. for Innovation, Business and Skills been advised that more than 100 people will be made redundant? A: Yes Q: What steps have been taken to identify alternative employment offers for tutors? A: All tutors details have been provided to schools. We willask our Commissioners at Newham Council to do that again, when more details about the cultural enrichment programme are availableWe are posting details of Council vacancies, on the Every Child website with contact details in the Council’s HR Service. Yusuf Okanlawon is the redeployment coordinator and he will provide a link to the Redeployment site.

5. Q: Can we have access to the Council’s Redundancy Policy? A: Yes, its on the Every Child website and the Council’s website. Anyone who has difficulty accessing the policy, please let us know and we will help. Q: Are Tutors entitled to back dated holiday pay?A: Following the recent decision in the case of Harpur Trust v Brazel it is highly possible that tutors will be due some additional pay in addition to what has already been paid to them as a holiday supplement. A calculation will be done by payroll and any arrears will be paid to tutors along with their redundancy payments. In the event that payments are due the arrears will go back no further than 2 years. Q: How is redundancy payment calculated? A: Normally redundancy payments are calculated on the 12 weeks pay leading up to the date of redundancy. However, Payroll advise in calculating the 12 weeks average, they do not include any periods of unpaid work, for example – sickness, maternity, school holidays or weeks where there was no pay. Q: Can we have clarification on whether the Local Government Modification Order applies to Every Child? A: Yes it does.

6. Q: Can Union Reps attend personal meetings? A: Yes Q: Will PILON payments be taxed at the higher rate? A: This is dependant upon an individuals tax situation. It is not possible to provide a response that will be appropriate for everyone. Q: If schools were closed for elections, would that figure in the 12 weeks average calculation on which redundancy payments are calculated? A: There are many variations in tutors working patterns. Payroll have been made aware of this query and will consider it when calculating the 12 week average. Tutors should speak to Payroll regarding their individual circumstances. Q: What happens to the pension contributions made by tutors? A: Pensions can be frozen or transferred to another employer. Anyone over 55 years of age who receives a redundancy payment will receive their pension entitlement. This may include a lump sum and an annual pension depending upon the type of pension scheme they belong to. Q: Can contact details for payroll and pensions be put on the website? A: Yes – see slide 10

7. Q: Can we have clarity on whether tutors are being treated as employees and should have access to redeployment? A: See slide 3 from the consultation meeting on 13th August 2019. Q: If tutors are not being treated as employees, then they should be able to work for another public sector body, irrespective of the 4 week rule and not loose redundancy payments. A: Tutors are being treated as if they were employees by virtue of them being given redundancy pay etc. The purpose of the 4 week rule is to ensure that  those receiving redundancy payment do not also retain their continuous service as well. Therefore, adherence to the 4 week rule is a requirement that needs to be obeyed in order to receive redundancy payments.” Q: Has the list of tutors been circulated to schools? A: Yes twice. We will ask Commissioners to circulate again in September when schools resume. Q: When will be find out what our redundancy payment will be? A: An estimate will be received with your redundancy notice. Q: How will the schools spend their grants under the cultural enrichment programme? A: Individual schools will make their own decisions about how they use the funding.

8. Consultation Timeline July – September 2019 • 45 days consultation period runs from 23rd July 2019 to 6th Sept 2019 • Notification letters to tutors and recognised Trades Unions – 17th July 2019 • Initial meeting on 23rdJuly 2019A follow up meeting and HR surgery at the mid point of the consultation (13th August 2019)A final meeting at the end of the consultation (4th September 2019 ) • Drop in sessions available during August 2019 • Frequently Asked Questions (FAQs) –ongoing • HR support for individuals (Julie Shead, OneSource, email: julie.shead@onesource.co.uk

9. After the consultation period ends … • Newham Council Shareholder Board reviews the outcomes from the consultation • Redundancy notices are prepared • Letters are sent to all tutors • Final payments are made – up to 4 weeks after the last day service (dates will be confirmed) • The Every Child company is closed.

10. Contact details at Newham Council • Julie Shead, HR Consultant - for HR related issues 01708 432 262 julie.shead@onesource.co.uk • Ian Weavers, Pension Contract Manager – for pension related enquiries 0203 373 8404 ian.weavers@onesource.co.uk • Paula Astrella, Payroll Manager – for payroll enquiries0203 373 8412 paula.astrella@newham.gov.uk • Nurun Nazira, Sharholder Officer – for administrative issues0203 373 0723 nurun.nazira@newham.gov.uk • Shah Islam, Every Child Commissioning Manager – for Every Child and the new Cultural Enrichment Programme enquiries. 0203 373 7085 shah.islam@newham.gov.uk

11. Thank you