Consultation and call for evidence: Setting up the School Support Staff Negotiating Body (SSSNB)  

This response is submitted by the Local Government Association (LGA) on behalf of local authorities and their maintained schools. The LGA is a cross-party organisation that is the national voice of local government. We work with councils and central government to support, promote and improve local government. The LGA covers every part of England and Wales and includes county and district councils, metropolitan and unitary councils, London boroughs.  

The Workforce Team of the LGA offers advice on employment issues and represents local government employer interests to central government, government agencies, trades unions and other interested parties.  

The LGA manages sectoral collective bargaining in local government. This includes the National Joint Council for Local Government Services (NJC) which covers the the pay, terms and conditions of the vast majority of school employers and school support staff in England. Elected councillors (and other employer organisations where appropriate) and nationally recognised trade unions work together in a positive way to reach collective agreements on key employment issues such as pay, and other terms and conditions. This helps to ensure that councils, and other employers, have pay, terms and conditions that are compliant with legislation and, where possible, model best practice.    

The LGA convenes NEOST (the National Education Organisation for School Teachers) which provides employers’ input into the school teachers’ review body and has extensive experience in working with and representing school employers.  

The LGA works closely with member organisations - including school employers - provides advice and support to both the maintained and academy sectors on employment matters. This submission has the support of all the political parties at the LGA.

Note: the questions from the government’s consultation are set out in bold. The LGA’s response is set out in regular type.

Questions on staff in scope of the SSSNB and our proposal to refine the definition of ‘school support staff’

1. Ignoring the definitions (which are covered in the next question), do you agree with our proposals to:

(a) Exclude staff whose pay and conditions are determined through the existing pay and negotiating bodies named above? [List of bodies set out below for reference.]   

i. School Teachers’ Review Body – where the definition in the ERB does not already exclude these staff. STRB covers teachers and school leaders.   

ii. Joint Negotiating Committee (JNC) for Youth and Community Workers. This JNC covers youth workers and community development staff, often employed by local authorities.   

iii. Soulbury Committee. Covers educational psychologists, educational improvement professionals, and managers of youth or community services.   

iv. Joint Negotiating Committee for Local Authority Craft and Associated Employees. This JNC covers skilled tradespeople such as plumbers, electricians, and maintenance workers employed by local authorities.   

v. Joint Negotiating Committee for Chief Officers of Local Authorities. Covers senior officers, such as directors of services within local authorities.   

vi. Committee for Support Staff (subcommittee) of the National Joint Council for Staff in Sixth Form Colleges. Covers support staff in sixth form colleges under a separate national agreement.  

[Yes / No / Unsure. If No or Unsure, please explain.]   

(b) Include academy trust employees in support staff roles who work from locations other than academies?   

[Yes / No / Unsure. If No or Unsure, please explain.]   

(c) Exclude executive leaders of academy trusts?   

[Yes / No / Unsure. If No or Unsure, please explain.]   

2. Do you agree with how we have defined the groups above:

(a) staff covered by the named existing pay and negotiating bodies   

(b) central academy trust staff   

(c) executive leaders of academy trusts   

[Yes / No / Unsure. If No, what would you do differently?]   

3. Are there any staff who you think would still be covered by the broad ERB definition (after our proposed exclusions above) who you think should not be? [Yes / No / Unsure.

If Yes, please explain which staff and why you think they should be excluded from the SSSNB’s remit.]   

4. Are there any other staff working centrally for academy trusts who you think should be included (but would not be under our current proposal)?

[Yes / No / Unsure.   

If Yes, please explain which staff and why you think they should be included.

LGA response   

Q1 (a) Yes, the LGA agrees to the proposal to exclude staff whose pay and conditions are determined through the existing pay and negotiating bodies named in the document. This is in line with the SSSNB that was established pre-2010.   

Q1 (b) Yes, the LGA agrees to the proposal to include trust employees in support staff roles who work from locations other than academies. The majority of academy trusts currently use the outcome of the NJC for local government services national negotiations to determine the pay and conditions for their support staff irrespective of location. On that basis the same school support staff roles in academies should be in scope for the SSSNB. This would be consistent with the previous approach of one set of collectively agreed terms applying across all those employees. There may be some employees supporting schools - in both council and academy employment - that need specific consideration.  

Q1 (c) Unsure. In the maintained sector, “executive leaders” would typically have their pay and conditions set by the Joint Negotiating Committee for Chief Officers of Local Authorities (the Chief Executive role of a local authority has their pay and conditions set by the Joint Negotiating Committee for Chief Executive Officers). The reason that maintained sector has separate negotiating arrangements highlights the difference in these roles from other more operational roles (and in the case of disciplinary procedures for statutory officer, giving them an added level of protection). There is, therefore, a justification to exclude certain leadership roles. However, in the absence of alternative national arrangements excluding executive leaders would mean an “uneven playing field” in respect of recruitment and retention and a heightened risk for pay inequality between men and women (and potentially other equalities groups). If these posts are to be excluded, a very tight definition of what is an executive leader would need to be established and aligned to other key documents such as the Academy Trust Handbook.

Q2 (a) Yes, the LGA agrees to the proposed definition above in relation to staff covered by the named existing pay and negotiating bodies. This is in line with the SSSNB that was established pre-2010.  Since 2010 there have been changes in the composition of the craft (Red Book) cohort and we would seek confirmation from DfE that the inclusion of that unit on this list is still appropriate.  

Q2 (b) and (c) The LGA broadly agrees with these definitions.

Q3 The current absence of clarity of intended scope of the SSSNB, and the lack of consideration of the impact on the wider local government workforce, means it is impossible to answer this question at this point in time.   

Q4 Unsure. The position of centrally employed school improvement staff by academy trusts may need to be considered once the outcome of this consultation and call for evidence has been completed. Whilst many are qualified teachers they may not be employed on STRB terms / as a teacher and their status as to the relevant national pay negotiations may need clarification.   

Evidence on current pay and terms and conditions  

For employers  

Do you use The National Joint Council (NJC) for Local Government Services National Agreement on Pay and Conditions of Service (‘The Green Book’) for school support staff?

[Yes / No / Unsure. If ‘No’, please explain what you do instead.]  

2. Do you pay school support staff based on the pay points in the NJC pay spine? [Yes / No / Unsure. If ‘No’, please explain what you do instead.]

3. How do you decide where to put support staff (i.e. which pay point) on the pay structure that you use? For example, you may use job evaluations or role profiles. [Free text]

4. Are there any parts of contracts with your staff that you would be concerned about changing under the SSSNB? [Yes; No; Unsure. Please explain.]

For employees  

Are there any parts of your current contract that you would be concerned about changing under the SSSNB?

[Yes; No; Unsure. Please explain.]

LGA response  

In relation to this call for evidence the LGA has encouraged local authorities and school employers to respond directly to this call for evidence.  

The LGA is concerned about the significant potential challenge given the current school employment landscape. There are differences between school employers in relation to pay scales, grade boundaries, job evaluations, annual leave and other contractual terms. Depending on what the Secretary of State’s intention is in relation to grading structures (floors) will determine the complexity of the task facing the SSSNB, local authorities and school employers. The implementation of the SSSNB will require significant resourcing in relation to staff time and expertise.  

Funding: The LGA remains concerned that both councils and schools have not been provided with any assurance as to how schools (maintained and academies) and local authorities will be able to deliver the outcomes of the SSSNB without further funding for this purpose. Information about the funding arrangements, and whether there are to be additional funds to help employers with SSSNB implementation, has not been forthcoming. Sufficient funding for both the transition process to the SSSNB and implementing future SSSNB agreements will be vital for employers.

Questions on agency workers – evidence gathering  

For employment agencies

1. Have you placed any individual workers in both school support staff roles and other types of roles not related to schools (outside of schools, academies, or academy trust offices)?[Yes / No / Unsure]

2. If yes (to Q1), does hourly pay differ between school-based roles and non-school roles? [Yes / No / Unsure. If Yes, please explain how the hourly pay differs.]

3. If yes (to Q1), do the worker’s terms and conditions differ between school-based roles and non-school roles? [Yes / No / Unsure. If Yes, please explain the main differences.]

4. Do you use the National Joint Council (NJC) for Local Government Services agreements to help set pay and conditions for agency workers in school support staff roles? [Yes / No / Unsure. Please explain your answer.]

5. Do you place staff in school support staff roles in England only? [Yes / No / Unsure. If No, please list the other countries.]

For agency workers  

1. Do you only work in school settings in England (including academies or for academy trusts), or do you also work in schools elsewhere in the UK or abroad? [Yes – England only / No – Elsewhere / Unsure. If No, please explain where else you work.]

2. Have any of your individual placements in schools or academies lasted more than 12 weeks? [Yes / No / Unsure. If Yes, please say how long the placement lasted]

3. If you have worked in a school or academy for more than 12 weeks, did you receive the same pay and conditions as directly employed staff doing the same or a similar role? [Yes / No / Unsure / N/A. If No, please explain what was different.]

Questions on agency workers – evidence gathering (cont’d)

For school or academy trust employers  

What are your main reasons for hiring temporary agency staff in support staff roles?

[Select all that apply: To address recruitment difficulties / To meet a short term need for specific skills / To cover short-term absence / To cover long term absence / Because it is more cost-effective / Other - please state’ / N/A. Free text to explain your reasons.]

LGA response  

Maintained schools will use agency workers for a variety of reasons including to address short-term absences and vacancies as well as skills shortages. However, as we understand it, it would be unlikely that maintained schools would use agency workers as a “more cost-effective” option.  

Questions on bringing agency workers into the SSSNB

General questions – for all respondents  

Do you think agency workers should be included in the SSSNB in the future?

[Yes / No / Unsure. Please explain your answer.]  

If agency workers were included in the SSSNB, do you think they would need to have contracts to work only in school settings?  

[Yes / No / Unsure. Please explain your answer.]  

Are there any other conditions you think would need to be met for agency workers to be included in the SSSNB?

[Yes / No / Unsure. Please explain your answer.] 

4. What impact do you think including agency workers in the remit SSSNB would have on the following groups?

a) Agency workers  

b) Employment agencies  

c) School employers  

d) Permanent or fixed-term employees  

e) The functioning of the SSSNB  

[Positive / Neutral / Negative / Unsure. Please explain your answers, considering costs, benefits, unintended consequences.]

LGA response  

Q1. Local authorities will have differing views as to whether agency workers should be included in the SSSNB in the future. However, one common concern would be any increase in administrative burdens on agencies and on local authorities. The inclusion of agency staff within the SSSNB could foreseeably result in agencies requiring more support and advice from local authorities and this could result in increased costs to local authorities. If the inclusion of agency staff in the SSSNB results in higher rates of pay this would result in higher costs to employers.

In relation to this question and the questions below, the LGA would want to respond more fully at the time of any future proposed legislation on this matter. Full consideration of all of these questions requires knowledge of the relevant employment law and practice in relation to the guaranteed hours and other provisions within the ERB, and the development of the SSSNB.  

Q2. In relation to this question it is foreseeable that a situation could arise where a member of agency staff is deployed to work as a member of support staff in a school support staff role and in another role directly for the council. In such a situation there would need to be clarity of the correct and relevant pay, terms and conditions for a worker who is working across both school and non-school settings. It would be necessary to avoid an agency worker receiving SSSNB rates of pay when working in a non-school setting. However, this question would be best answered by an employment agency, as they will best understand the feasibility and issues that might arise on ensuring that.       

Q3. This would depend on the operation of the SSSNB and the relevant employment landscape at the time this is being considered.

Q4. (c) It is likely that the inclusion of agency workers could increase both the administrative burden on school employers and the costs that they face. If, in the future, agency workers were to be able to bring or be used as a comparator in an equal pay claim there will need to be measures in place in relation to ensuring that equal pay liabilities are not created.  

e) Consideration would need to be given as to how the SSSNB would operate if agencies are to be included. The LGA is concerned about bringing agencies into what to a large extent is akin to a collective bargaining arrangement. Currently agencies are not represented in pay bargaining arrangements such as the NJC, nor are they statutory consultees in the teachers’ pay review body (STRB). On this basis, it might be more appropriate for agencies to be asked, if needed, to provide evidence or input on an ad-hoc basis. Again, any proposal around agency involvement in the SSSNB would need to be fully consulted on at the time of any potential, future primary legislation.

Question on equalities  

1. Could any of the proposals have an impact – positive or negative – on people with any of the following protected characteristics?

[Drop down for each characteristic: Yes / No / Unsure. If Yes, please explain.]

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

2. What action could help reduce any negative impacts you identified in Q1? [Select any protected characteristics + free text box]

3. Are there any other equality-related impacts you think we should consider? [Free text]

LGA response  

Q1. If the SSSNB delivers higher pay rises than, for example, the NJC (or vice versa) this could result in indirect discrimination. This might happen if, for example, the proportion of black staff is higher amongst a group of staff receiving an NJC rate of pay, when compared with a group receiving a higher SSSNB rate of pay, for work which is of equal value. In order to defend such a claim of indirect discrimination the employer would need to be able to justify that difference in pay. Whether such a defence would succeed would depend on the individual facts, leaving employers in an uncertain position.

Q2. The LGA has alerted the government to equal pay risks and discrimination risks and, to date, has not received satisfactory assurance that risks have been mitigated. The LGA believes that equal pay liabilities arising out of the creation of this new negotiating bodies should be underwritten by central government.  

Q3. Equal pay: As set out previously, the LGA is concerned about the potential for equal pay risks to be created. Both local authorities and schools will be concerned by any potential equal pay risk and may well want to comment on this as part of the consultation. Should the SSSNB result in, for example, a higher annual pay rise being agreed and implemented than that agreed for Green Book NJC employees, then an equal pay risk could occur. This would arise from school support staff comparing themselves with council colleagues who are doing work of equal value (or like work) - of course this could also work the other way round if the NJC pay award was higher. If equal pay cases do arise the cost for the council will normally be significant, even where the council is ultimately able to successfully defend the claim. Experience shows that responding to equal pay cases involves extensive amounts of staff time (human resources and managers) and very large legal bills for councils. This is primarily because of the complexity of such claims and the length of time it takes to resolve them in tribunal proceedings The SSSNB could therefore create a serious new burden for councils and divert funds away from service provision towards responding to cases.

LGA response to Naomi Cooke 
Head of Workforce  
Email: [email protected]

Consultations on employment law reforms