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Question re school support staff restructure.

Discussion in 'Governors' started by swimmingdad, Apr 8, 2017.

  1. swimmingdad

    swimmingdad New commenter

    Hello all.

    Due to budget cuts, we are having to cut the number of support staff at our school. We're having a Governors meeting on the first Monday back to discuss this issue. Problem is, I'm the staff governor on the board and also a member of the support staff so I may very well be losing my job. I won't be able to attend the meeting will I due to a conflict of interest?

    If anyone could give me any pointers on this one I'd appreciate it.


    ditwee likes this.
  2. FollyFairy

    FollyFairy Occasional commenter

    This taken from NUT website maybe useful:

    Paragraph 3 of the Schedule specifically covers the question of governors' participation in decisions on the pay or appraisal of individuals working at the school and provides that where a governor "…who is paid to work at the school other than as head teacher is present at a meeting of the school at which a subject of consideration is the pay or performance appraisal of any particular person employed to work at the school…" then that governor is treated as being in conflict with the interest of the governing body.

    Where teacher governors have a pecuniary interest as defined in these Regulations, therefore, they must declare that interest in accordance with regulation 14, withdraw from the meeting and not vote. Where decisions are to be taken relating to the pay of individuals, they must also withdraw and not vote. (Similarly, the head teacher must withdraw if the subject of consideration is the head's own pay or performance appraisal.)

    However, as paragraph 1(2)(a) clearly provides, teacher governors do not have a "pecuniary interest" requiring their withdrawal when pay policies are being considered, because their interest is no greater than that of the generality of teachers at the school.

    Similarly, the presumption of "conflict of interest" in paragraph 3 applies only to decisions relating to the pay of individuals. It does not apply to decisions on matters of policy.

    NUT advice to teacher governors

    The NUT therefore advises that teacher governors should not withdraw from meetings to discuss school's pay policy, since their interest is not greater than that of the generality of teachers and the Regulations do not require their withdrawal.
    Pomz likes this.
  3. digoryvenn

    digoryvenn Lead commenter

    Unfortunately or fortunately depending upon your point of view you will need to withdraw from the meeting.
    Jesmond12 likes this.
  4. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Yes you will have to withdraw @swimmingdad . You have a conflict of interest under paragraph 16 (b) (i) of the School Governance (Roles, Procedures and Allowances) (England) Regulations 2013. The union advice in post #2 is about Pay Policy and isn't relevant to your situation. (The union advice is about personal pecuniary interests under a different part of the Regulations, not conflicts of interest. They're not the same thing.)

    BTW those regulations only apply to LA maintained schools, but if you are an academy your Articles will have something similar in them requiring you to withdraw.

    Once the governing body has drawn up a restructure plan its proposals need to go to all staff and unions for consultation before they can be implemented.
    Lattelady likes this.

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