Trust chief executives and central team staff currently fall within the broad definition of support staff under the government’s flagship employment rights bill, lawyers have warned.
While Labour has said it will later consult on which staff are captured under the bill, it has only said this will include “whether some or all central team staff in academies should be excluded”.
Legislation to reinstate the school support staff negotiating body (SSSNB) was introduced last week.
The government wants to establish national terms and conditions, career progression routes and fair pay rates.
However, the legislation will also apply to academies, curtailing some of their current pay freedoms.
But the current definition of school support staff is wide-ranging. The bill defines them as anyone “employed by the proprietor of an academy under a contract of employment providing for the person to work wholly at one or more academies”.
‘Really confusing’
Jean Boyle, head of education at Stone King, said it was currently unclear whether senior trust roles – such as chief executive, finance and operating officers – would fall under the SSSNB’s remit.
Central teams also have a plethora of other senior roles, including education directors, estate managers and school improvement leaders.
Boyle said: “I don’t know whether the legislation was drafted purposely to exclude central staff, or purposely to include central staff. It’s really confusing.”
The Department for Education said it intended to “consult on the categories of people who should be excluded from the SSSNB’s remit prior to making secondary legislation”.
This would include “whether some or all central team staff in academies should be so excluded”.
‘Exclusions must apply to central teams’
In a briefing to members, seen by Schools Week, Leora Cruddas, the chief executive of the Confederation of School Trusts (CST), said the “exclusions must apply to central teams in trusts”.
In a statement, Cruddas added: “The bill sets out very broad arrangements for the school support staff negotiating body, with the intention of providing more precise details in secondary legislation after consultation, so we don’t yet know exactly what the impact will be.
“We are talking to school trusts to understand potential practical implications, The CST will work with the government, other employer representatives, and the trades unions on this over the coming months.”
The confederation has already warned the government that trusts should be exempt from having to follow national pay for support staff. At present they do not have to follow national rates for teachers.
Your thoughts