Agenda item

The Council considered a joint report of the Corporate Director of Resources and Corporate Director of Children and Young People’s Services which provided an update following the review of roles and responsibilities of teaching assistants which had been undertaken with Trade Unions and representatives from Head Teachers and Teaching Assistants and sought authority for a revised proposal in relation to changes to teaching assistant terms and conditions of employment (for copy see file of Minutes).

The Corporate Director of Resources apologised for the late circulation of the complete updated report and explained the reasons for this.  If approved, then the recognised Trade Unions would ballot their members on the proposals prior to school holidays.

The Corporate Director of Resources informed Council that the report being considered was the result of hard work by all of those who had been involved in the process and thanked them for their work.

In moving the report Councillor J Brown, Portfolio Holder for Social Inclusion thanked all those who had been involved in the review process, including recognised Trade Unions, Teaching Assistants, County Council staff and Head Teachers.  The proposed offer was a significant improvement on the previous position and it was important to note that no Teaching Assistant would lose any money until the end of a 2 year period following implementation.  The recognised Trade Unions had shown a willingness to ballot their members on the proposal but before this could happen Council needed to approve the recommendations contained in the report.  If the recommendations were not approved then the recognised Trade Unions would be denied their right to carry out this democratic process.

In seconding the report Councillor O Gunn, Portfolio Holder for Children and Young People’s Services informed Council that the review process had been undertaken with openness and commitment on all sides with a level of co-operation which was commendable.  The proposal would bring equality and fairness for all employees while recognising the work undertaken by Teaching Assistants.

Councillor R Bell expressed concern that there was no sight of the proposed job descriptions which had been agreed with Head Teachers and would result in nearly 80% of Teaching Assistants being forecast to receive an increase in pay.  Councillor Bell sought an assurance that the process for the review of job descriptions had been independent and objective.  Councillor Brown replied that the assimilation process had been undertaken with recognised Trade Union and Human Resources representatives present.  The Corporate Director of Resources added that the County Council’s Job Evaluation process had been followed.

Councillor O Temple moved a Motion under Paragraph 12(k) of the Council Procedure Rules that the debate be adjourned.  While he was pleased that the proposal would withdraw the dismissal notices issued to Teaching Assistants and would increase to two years the protection for all Teaching Assistants who would lose income under the new proposals, the report circulated to Members was short on the precise detail of the proposals and had been circulated with very short notice which had not allowed for detailed consideration of the proposals.

Seconded by Councillor A Hopgood.

Upon a vote being taken the Motion was Lost.

Councillor A Watson thanked the review team for the work they had undertaken but considered that Teaching Assistants should have been consulted on the offer before it was brought to Council.  Councillor J Brown replied that it was the wish of the recognised Trade Unions to carry out a consultative ballot after Council approval of the proposals had been obtained.

Councillor A Hopgood informed Council that she considered Members were being asked to vote on a new grading structure for Teaching Assistants without any knowledge of what that structure was.  She considered it was unfair to ask Council to do this given the lack of detail in the report and the short notice given to consider the report.  The Council had been told 18 months ago that the offer then to Teaching Assistants was a final offer, yet this had now changed.

Councillor P Howell also expressed concern that Council was being asked to vote on a report which had only been circulated 48 hours prior to the meeting.

Councillor A Napier, Portfolio Holder for Finance apologised for the lateness of the circulation of the report.  He reminded the Council that the terms and conditions of employment for Teaching Assistants needed to be reviewed to mitigate the risk to the Council of equal pay claims.  It was not the duty of elected Members to determine Job Record Documents, Job Description’s and Grades.  The Job Evaluation process had been agreed by Council with unanimity and this was now being used in the Teaching Assistant review.

Councillor O Gunn reminded the Council that the review had been carried out by a Working Group which had made recommendations.  She apologised for the late circulation of the report for which an explanation had been provided.  The recognised Trade Unions had requested that the report be considered by Council prior to the start of the school holidays.  It was for the recognised Trade Unions to provide details of the proposal to their members before the consultative ballot took place.

In accordance with Standing Order 16.4 Councillor O Temple sought a named vote on the approval of the report.  The requirements were met.

A named vote on the recommendations in the report was taken.

For

Councillors E Adam, A Batey, D Bell, J Bell, H Bennett, G Bleasdale, D Boyes, P Brookes, J Brown, C Carr, J Carr, J Chaplow, J Clare, J Clark, M Clarke, K Corrigan, R Crute, M Davinson, S Dunn, O Gunn, C Hampson, S Henig, D Hicks, K Hopper, L Hovvels, S Iveson, I Jewell, O Johnson, B Kellett, A Laing, J Lethbridge, J Maitland, R Manchester, C Marshall, L Marshall, M McKeon, I McLean, O Milburn, A Napier, M Nicholls, H Nicholson, A Patterson, L Pounder, S Quinn, J Robinson, H Smith, T Smith, B Stephens, J Stephenson, P Taylor, F Tinsley, J Turnbull, C Wilson, M Wilson, D Wood and R Yorke.

Against

Councillors B Avery, A Bell, R Bell, J Blakey, J Charlton, I Cochrane, G Darkes, S Durham, D Freeman, N Grayson, K Hawley, T Henderson, A Hopgood, P Howell, K Liddell, L Maddison, C Martin, S McDonnell, M McGaun, J Nicholson, R Ormerod, A Reed, S Robinson, J Rowlandson, A Savory, P Sexton, A Simpson, O Temple, K Thompson, A Watson, A Willis and S Zair.

Resolved:

That:

(i)            The suspended notices of dismissal and re-engagement issued in October 2016 be withdrawn with immediate effect;

(ii)          The work of the project board and project team in reviewing the roles and responsibilities of teaching assistants be noted with thanks;

(iii)         The Corporate Director of Resources be authorised to communicate the offer set out at paragraph 16 of the report to teaching assistants and relevant recognised trade unions;

(iv)         The Corporate Director of Resources be authorised to conclude the changes to teaching assistant terms and conditions of employment by agreement upon acceptance of the offer by all of the relevant recognised trade unions.