Frequently Asked Questions
Communication
Leadership
Location
Re-organisation
Transfer Arrangements
ESA
Redundancies & Early Retirement
Terms & Conditions & TUPE
Teachers, Schools, Pupils & Parents
Communication
Who has responsibility for Management Information and how will Communication be improved?
A Communications Plan for RPA is being prepared, to ensure effective communications. This will link with the central communications from OFMDFM on RPA but we will want to ensure that staff throughout the education sector get clear information, relevant to their concerns. In addition to specific communications events, such as the staff conferences, and workshops, managers at all levels will ensure that staff are fully informed of developments.
Leadership
Who will be answerable to the Assembly: Will or Gavin? Will a DE Minister be able to say “X is an operational matter which is the responsibility of ESA”?
The Permanent Secretary and the Chief Executive will both be answerable to the Assembly for their respective responsibilities. The Assembly’s Education Committee could require either to give evidence (and, indeed, any other DE or ESA official). In addition, as Accounting Officers, the Permanent Secretary and the Chief Executive could be asked to give evidence to the Assembly’s Public Accounts Committee.
It is too early to say how Assembly questions on operational matters will be handled. This will depend on the views of the Minister, the Speaker, and the Assembly. During the last period of devolution, some Ministers tended not to use the formulation suggested in the question, and answered questions on detailed operational matters.
Location
What locations are being considered for the ESA HQ and sub-offices and will regional offices have lead responsibilities for particular services. If so, will that involve the relocation of staff from the DE affected Branches to a number of different locations?
At this stage, work is underway to determine the full range of functions for which ESA will have responsibility and the most appropriate structure for the new organisation. This will inform decisions on location issues, including the need for regional offices.
Any decisions on location, including an Interim or Permanent HQ, will be subject to equality screening, and an Equality Impact Assessment and consultation where appropriate. Decisions will be taken in line with the guiding principles for RPA location which will be agreed by Government, and which currently are out for consultation. This process will allow Ministers to look at all the locational decisions on the many sectors affected by the RPA at one time.
No decisions have been taken yet on the relocation of staff. However, if it is decided to physically re-locate work, staff would move within their existing contractual mobility obligations and their entitlements, such as excess fares etc, will still apply.
Is it anticipated that all (teachers and non teaching) payroll functions will be situated on the one location? Also, will factors such as work-life balance be taken into account?
No decisions have yet been taken on where functions will be located.
If it is decided to physically re-locate work, staff would move within their existing contractual mobility obligations and their entitlements, such as excess fares etc, will still apply.
Re-Organisation
When will we know if the posts to transfer will remain unchanged?
Work is underway to determine the structure of the new organisation. A Staff Transfer Scheme, which will be drawn up in conjunction with existing employers and TUS, will set out how staff will transfer and the posts that they will transfer into. Whilst a date has not been agreed yet, this will be developed well in advance of the establishment of ESA.
There are concerns about the whole legislative process with regard to the setting up of ESA as it is being done at such a frantic pace. Are we confident that we will get this right within the very tight timescale and what plans are in place for dealing with any delay in the passage of the RPA legislation?
We are working to the deadline set by Ministers with regard to the RPA, and it is our intention to have the Education and Skills Authority operational by 1 st April 2008 . Discussions on the legislative process and timetable, and in particular the implications of a returning Assembly, are ongoing with the legislative Counsel. If there is to be any change to the current timetable, staff will be informed as soon as possible.
Transfer Arrangements
How will transfers be managed?
As part of the Public Service Commission’s third guiding principle and associated recommendations on Staff Transfers, Government in consultation with the PSC, relevant public service employers and the relevant trade unions, is preparing a Code of Practice, which would establish the key principles for statutorily-based staff transfer schemes and transfer arrangements, including arrangements for pension and for third party dispute resolution.
ESA
Has there been a target staffing budget/staff numbers set for ESA and how does this compare with existing staff numbers across the affected groups?
Work is ongoing to determine the full range of functions for which ESA will have responsibility and the structure of the new organisation. No decisions have yet been taken regarding the staffing budget or staffing numbers for ESA but a key aim will be to reduce duplication to release resources to front line services.
How can you say 'ESA is going to be a place where people will want to work' when so little is known about it. How will it be better to work in than DE/NICS - what flexibility will there be vis a vis pay and conditions ?
The aim is to build an excellent organisation in which staff will take pride. ESA will have a strong focus on leadership and management, who will support, challenge and motivate staff. There will be a strong positive working environment, with a focus on staff development to ensure staff are highly skilled and are respected throughout the education sector.
In relation to pay and conditions, staff will transfer with their existing terms and conditions in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). New terms and conditions will be developed for new ESA staff through negotiation with TUS.
How can we ensure consistency of practice across ESA and at the same time ensure that it is “tuned in” at a local level to Health and Social Services, Neighbourhood Renewal, the new District councils, and FE?
These are factors that will have to be taken into account in the design of the organisational structure and the service delivery models for different service areas.
Will administration of teachers pensions be aligned with non-teachers pensions, which is external to ESA (NILGOSC)?
At this stage, there is no intention to align the administration of teaching and non-teaching pensions.
Will the transfer to ESA affect staff’s career development prospects and will lack of training disadvantage staff who transfer to ESA? Will the staff development budget be ample for training requirements for those staff transferring?
The establishment of ESA is an exciting opportunity for staff in relation to career development. The new organisation will have a focus on continuing personal development and on providing sufficient training to meet business needs.
How will an organisation with so many different pay scales and grades work with regard to equalising pay and terms and conditions – will there not be equality issues/people doing similar jobs but being paid different rates. For this reason do you envisage terms & conditions changing after TUPE expires?
In accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), staff will transfer with their existing terms and conditions. ESA will be developing its own terms and conditions for new staff and this will be the subject of TU negotiation.
One of the panel stated, “employability is the new security”
- What impact does this have to those transferring to ESA?
- Are all jobs now in the melting pot – if not now when?
There will be a focus within ESA on developing staff to ensure that they are highly skilled, professional, efficient and respected throughout the education sector.
Work is ongoing to determine the structure of the new organisation, which provides an opportunity to streamline administration and consider new approaches to service delivery. Until this work has been completed, it is not possible to determine how many posts will be required in ESA.
Redundancies & Early Retirement
Water Service staff were apparently promised job security but encountered significant reductions in staffing levels. Can a guarantee be given that there will be no compulsory redundancies?
The Secretary of State gave the commitment in his statement of 22 November 2005 that every effort would be made to avoid redundancies and arrangements such as vacancy management have been put in place to support this aim. However no guarantee can be given, at this stage, that there will be no compulsory redundancies given the scale of the RPA changes taking place across the Public Sector.
If there are reductions in staff numbers how will this be managed – will there be an early retirement scheme and will there be enhancement for those staff with less than 40 years service?
At present there are no plans to run an early retirement scheme.
In order to minimise the risk of redundancies a Vacancy Control Policy has been implemented across the RPA Affected Group.
If voluntary redundancy packages are available, will they be available for all staff, regardless of age, working pattern etc?
The PSC has issued a draft Guiding Principle in relation to Voluntary Severance Arrangements and this is currently under consideration by Government.
Is the rumour true that people over 50 should consider leaving?
No, this rumour is unsubstantiated and all staff are protected by age discrimination legislation.
Terms & Conditions & TUPE
What does TUPE mean, how long does it apply and what happens when this protection expires?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 is the main piece of legislation governing the transfer of an undertaking, or part of one, to another. The regulations are designed to protect the rights of employees on the day of transfer enabling them to have the same terms and conditions, with continuity of employment, as formerly, along with appropriate arrangements to protect occupational pensions. TUPE protection is not subject to any specific time limit. In addition, TUPE places significant constraints on the variation of these terms and conditions at a later stage.
It is proposed to incorporate into RPA implementation legislation the necessary provisions to ensure this applies to all staff transferring as part of the Review of Public Administration.
Will staff transferring have the choice of freezing their current pension?
Yes. Staff will have the option of preserving their accrued benefits.
Does TUPE protect our flexible working hours or if I have to apply for my post and am successful in competition will flexi apply?
TUPE protects all your terms and conditions (including flexible working hours), and again, whilst it is unlikely that the majority of staff will have to apply for posts, if you are successful in a competition your appointment will be on the acceptance of the terms and conditions advertised for that post.
How will work-life balance be supported more effectively, especially given workload problems and uncertainty over location, and for those who wish to pursue part-time work/ jobshare?
It is vitally important that we all have a good work-life balance. Whilst needs of the business must be considered, every effort will be made to accommodate staff with regard to requests for part-time work, job sharing etc.
Teachers, Schools, Pupils & Parents
The Education and Skills Authority will be a single authority for all of Northern Ireland, is it anticipated that, some time in the future, it will have the power to relocate teachers and principals throughout Northern Ireland or a sub-region of Northern Ireland to where their skills are particularly needed?
Under the new arrangements, ESA will be the single employing authority for teachers. ESA will be required to carry out ‘collective’ functions such as:
- Determining terms and conditions of employment;
- Negotiating with trade unions etc;
- Strategic workforce planning; and
- Oversight of staff appointments.
The role and functions of employer will rest with the Boards of Governors who will largely retain their present role in relation to the selection, appraisal, promotion and dismissal of school-based staff. They will continue to make the key decisions on staff appointment and management. The role of the Education and Skills Authority will be to ensure that this is done within a consistent framework across all schools.
Much of the focus around RPA and other reform agenda projects would appear to be driven by a desire to release resources to front line services, which in the case of the education sector means increased teacher salaries as this is the single largest cost in front line educational services. In recent years teachers pay awards have been significantly higher than those received by Civil Servants, this is in an environment in Northern Ireland where the supply of teachers significantly outweighs the demand. Is this an equitable situation? And is it likely and on what grounds is it expected that further increases in teachers salaries within this environment will improve educational outcomes?
Whilst staff costs account for some 80% of the education budget, the reinvestment of resources will not be exclusively in teachers’ salaries, which will continue to be governed by overall pay policy.
The key focus of the new arrangements will be raising standards in all schools.
Are appropriate messages regarding changes in policy and structures being conveyed to teachers? What can we tell them by way of reassurance and what support and training will be available to help them deal with the new policies and also with the increasing complexities of their work?
Ministers have made it clear that a primary objective of the changes in administration is to release resources to support schools and other front line services. This message has been widely communicated, both through the media and directly to teachers, school principals and their representatives. The realignment of resource and meeting the professional development needs of teachers will be key tasks for DE / ESA in the years ahead.