Members' Briefing

SSTA Members Briefing

The SSTA has arranged briefing sessions for members on the challenges facing secondary teachers at this time.
 
The General Secretary Seamus Searson will give the latest information regarding Covid-19, national qualifications and the OECD senior phase review. There will also be a presentation on the impact of the Teachers’ Pensions consultation by Stuart McCullough, Independent Financial Advisor from Llife Ltd.
 
The briefings will be conducted remotely and will take place on:

Please select the briefing you would like to attend and complete the registration form to book your place using the links above.

Pension pot

Pension Consultation – closes 11 October 2020

The Government are currently consulting with all members of the public sector pension schemes which includes the Scottish Teachers Pension Scheme. This is regarding the unjustified age discrimination in relation to the transitional arrangements to the 2015 pension scheme.
 
Within the consultation they are asking you, the scheme member, to make a choice. It's very important that you understand what this choice is and the implications that it could have. The consultation paper is 74 pages long and can be summarised in one question.
 
Background
In 2015 a new Public Sector Career Average Pension Scheme was launched. Depending on your age you were

  1. placed into the career average scheme on the 1 April 2015
  2. given ‘linear taper relief’ which meant that there was a delay before you were moved into the career average scheme or
  3. given protected status which meant that you did not have to go into the new scheme.

Following the McCloud case the Court of Appeal ruled the pension reforms unlawfully discriminated against young members. The government accepted that it was discriminatory on grounds of age and that the situation must be remedied.

Remedy
The government has interpreted the court ruling that members who were in their original scheme prior to the 1 April 2012 will have the ability to have any service accrued under the new scheme transferred back to their original scheme, up to the 31 March 2022.

At that point, any future benefits accrued by the member will be allocated to the Career Average Scheme that was launched in 2015.

Whilst this is an interesting interpretation of the court ruling, further negotiations on this point are continuing. It's important to note that this is not the question asked in the consultation.

Consultation
The choice you are being given is that

  1. you should make the selection for your benefits to be moved back to your legacy scheme at the end of the remedy period (31 March 2022) or
  2. you have the ability to delay this choice until the date you decide to retire.

 
The Government’s Preferred Choice
The governments preferred choice is that you, the member, make the "immediate choice" as to whether you feel your benefits would be better in your original scheme or the Career Average 2015 scheme. Their argument is that this will help them calculate the funding of the schemes going forward.
 
The SSTA Position
The SSTA Salaries, Pensions and Conditions of Service Committee has considered the consultation and is of the view that it is impossible for you to know which outcome would be best as you will only know your personal situation at the point of retirement.
 
The SSTA would therefore urge you to vote for the "deferred choice underpinned". This will give you the right, at retirement, to choose the best option that suits you as opposed to the option that suits the government and the pension scheme.
 
The SSTA will be submitting a detailed response to the government consultation.
 
How to participate in the consultation
The consultation closes on the 11 October 2020 and we would encourage all members of the pension scheme to indicate their choice.
 
Your response can be submitted by email using the following address:
 
PensionsRemedyProjectConsultation@hmtreasury.gov.uk
 
Alternatively you can send your response by post to:—
 
    Pensions Remedy Project Team
    HM Treasury
    2/Red
    1 Horse Guards Road
    London
    SW1A 2HQ
 
You need to give your name and your superannuation number (GTCS number).
 
The SSTA suggests you use the attached wording as there is no prescribed format or form that has been provided.
 
“I am responding as an individual in relation to the consultation addressing the unjustified age discrimination in relation to the transitional arrangements to the 2015 pension scheme.
 
Following the Court Judgement discussed in the consultation document I wish to express my disappointment at the Government’s interpretation as I do not believe that the proposed action provides adequate remedy.
 
The legal definition of remedy is “a way of using the legal system to make sure that someone's rights are not taken away from them.” 
 
The Government has previously set a precedent. It has changed public sector pension schemes on numerous occasions over the last 20 years. Up to and including the pension reforms of 2007/08 any new schemes launched were available to new members, allowing existing members to remain in their legacy scheme.
 
As it is the proposal that legacy members will be forced into a new pension on 1st April 2022 this will be discrimination on grounds of age which means that remedy has not been given.
 
In response to question 6 my view is that the “delayed choice underpin” is the fairest of the two options but fails to recognise the rationale of being forced into a new pension.”
 
You can find links below to the Consultation Paper as well as a brief presentation, produced by the Government Actuary’s Department, for your information and if you have any questions or queries please feel free to contact the Association.

writing on a green chalkboard - back to school

SSTA Safety First - School Return Survey

Employers need to take their duty of care seriously

The SSTA conducted a survey of members to gauge their concerns following the return of all pupils to school.  The survey highlighted the inconsistent approach to staff safety taken by local authorities across Scotland.

Seamus Searson, SSTA General Secretary said

“It is particularly worrying that 53% of members in Glasgow were not confident in keeping safe following the return of schools but in East Dunbartonshire and Inverclyde the number fell to 22% of members. Staff confidence in keeping safe can only be achieved when all employers ensure that all measures to keep staff safe are put in place, which in turn will keep schools open”

“The SSTA survey showed that local authorities are reluctant to take their responsibilities as employers of teachers seriously to ensure the highest levels of safety during this Covid-19 pandemic. It appears that some local authorities are more intent upon saving money than protecting staff. It cannot be acceptable for safety measures in one authority to be different to another. Members reported that physical distancing measures around the school were best in schools in West Lothian at 86% with the worst 46% in East Ayrshire”.

“A basic safety measure to reduce staff sharing equipment in schools is being ignored as 93% of teachers in South Lanarkshire are expected to share ICT equipment whilst only 19% of teachers do so in Highland. More than 70% of teachers are expected to share ICT equipment in schools. Schools need to ensure teachers are provided with personalised ICT equipment so that they can control their own safety. The provision of face coverings for staff ranged from 78% in Dumfries & Galloway down to only 4% in Argyll & Bute.  Equally, we are aware of schools that are enforcing the wearing of face coverings whilst others are leaving it to the individual. Safety is not optional”

“The provision of safe work areas for teachers varies considerably with only 24% in South Lanarkshire allocated a safe space whilst in East Lothian 67% of members reported having been allocated safe work areas”.

“Should employers fail to identify the risks and put measures in place to keep staff safe then they will only have themselves to blame should those same staff need to take time off because of Covid-19. Passing the blame for teacher absences and threatening financial penalties for schools, as Glasgow did this week is not acceptable. Teachers are professionals and deserve a consistent approach to safety. The duty of care lies with the employer (the local authorities) and they need to put safety first”.

“The SSTA has argued for a consistent approach to safety during this crisis but unfortunately some local authorities are interpreting the guidance as optional rather than mandatory”.

The SSTA recommends that all local authorities ensure that

  • Physical distancing measures are in place in all school areas, especially staff rooms and classrooms
  • Face coverings are provided for all staff and worn in all areas including classrooms
  • Plastic screens to be placed in classrooms where physical distancing is difficult and where staff request them
  • Enhanced cleaning regimes with additional cleaners employed
  • Staff not be required to share equipment, especially ICT equipment
  • All staff meetings are conducted remotely
  • Visitors must not be allowed in schools unless absolutely necessary. If necessary, strict rules and restricted safe areas for visitors must be provided

Main Findings of SSTA Survey

Not confident in keeping Safe in the workplace
Teachers were not confident of keeping safe after returning to school in Glasgow (53%), North Lanarkshire (52%), Clackmannanshire and East Renfrewshire (both 50%). At the other end of the scale members not confident in keeping safe reduced in East Dunbartonshire and Inverclyde (both 22%)

When it came to individual schools keeping staff safe East Renfrewshire (34%), Argyll & Bute (32%), Clackmannanshire and Glasgow (both 30%) were not confident. At the other end of the scale staff in Midlothian, Stirling (both 11%) and Highland (10%) lack of confidence was reduced.

Physical Distancing
The SSTA survey showed that some areas were better in introducing physical distancing measures around the school with West Lothian (86%), Angus (83%) and Moray (80%) whilst at the end of the scale Dumfries & Galloway (55%) North Ayrshire (50%) and East Ayrshire (46%). In Independent schools 88% had introduced such measures.

When it came to physical distancing in teaching areas Angus (90%), Aberdeen City (84%) and West Lothian (84%) came out on top whilst South Lanarkshire (46%), Clackmannanshire (45%) and East Ayrshire (37%) were far behind.

Face Coverings
Staff being provided with face coverings Dumfries & Galloway (78%), Midlothian (73%) and Scottish Borders (67%) with the employer providing the lowest East Dunbartonshire, Glasgow, North Lanarkshire (all on 11%), East Ayrshire (7%) and Argyll &Bute (4%).

Teacher Work Areas
East Lothian, Highland (67%) and Moray (65%) provided teachers with work areas with appropriate physical distancing whilst Glasgow (29%), East Renfrewshire (28%) and South Lanarkshire (24%) providing the least.

ICT Equipment
High numbers of staff are expected to share ICT equipment with South Lanarkshire (93%), East Dunbartonshire (91%) and East Renfrewshire (87%). While staff were least required to share ICT equipment in Aberdeen City (43%), Perth & Kinross (41%) and Highland (19%).

[Ends]
 
Please see the attached document for the range of responses by local authority
Please note: The survey was completed at the beginning of September and had 2,058 member responses. Some areas not included due to low level of response.

safetyfirst@0.75x

Safety First and the Education Recovery Year

Safety First

Schools have been attempting to adapt to the Covid-19 pandemic but they are far from being complete. Some schools have been more successful than others but there remain many challenges ahead.

Some progress has been made in recent weeks but the recent SSTA survey highlighted a number of areas that are not been adequately addressed in all schools. The lack of physical distancing, inadequate cleaning regimes, the lack of face coverings and a lack of consistency of safety measures. The SSTA continues to press the Scottish Government and employers to introduce measures to keep staff and pupils safe. The priority must be ‘Safety First’ of all staff and pupils. The SSTA has updated its guidance and recommendations on measures to keep staff safe 

The Education Recovery Year

This school year has been labelled the ‘Education Recovery Year’ and the main priority for all schools during this national emergency is to support all the pupils who have suffered because of ‘lockdown’. All schools have been promised additional teachers to assist teaching and learning during this academic year. This should mean a reduction of class sizes and additional support for pupils that have missed out the most during lockdown. This is not a ‘normal’ school year and many of the tasks that have been expected of schools should be stood down in preference of supporting teaching and learning. The SSTA will also be urging the Scottish Government not to reintroduce school inspections this year. Please see the SSTA advice here.

SSTA Position Paper: Rapid Review of National Qualifications experience 2020

On 11 August Deputy First Minister John Swinney announced that an Independent Review, led by Professor Mark Priestley of Stirling University, would be commissioned to look at events following the cancellation of this year’s examination diet.   Given the urgency, the DFM asked for an initial report with recommendations on how things should go forward this coming year to be made within five weeks. 
 
A panel including SSTA members met with Professor Priestley last week.  Additionally, the SSTA Education Committee responded to Professor Priestley’s request for a position paper with the attached.  It is anticipated that a confidential draft report on findings will be presented to ministers next week, with a final report published by 30th Sept 2020.

Survey

Safety First – School Return – SSTA Survey

The SSTA conducted a survey of members following the reopening of schools to gauge the confidence of teachers returning to school. The survey received 2,058 responses and highlighted the concerns of members.

Seamus Searson, SSTA General Secretary said “The majority of secondary teachers still do not feel safe in school and lack confidence in their employers to keep them safe since the reopening of schools. Only 7% of teachers were very confident about their return with 38% not confident at all.“

“Members highlighted that 21% of teachers felt their schools were not at all prepared in keeping staff safe, 32% slightly prepared and 35% moderately prepared.  Remarkably only 12% of members said their school were very prepared in keeping staff safe”.

“The lack of physical distancing in classrooms and around the school is a major worry with 33% of members reporting that physical distancing measures have not been put in place”.

“Cleaning procedures are inconsistent with teachers reporting that just over half (53%) of classrooms were being cleaned after each lesson. 61% teachers were been expected to clean their workplaces with 79% of pupils expected to clean their workplaces”.

“Only 47% of members are being allocated an individual work area with appropriate physical distancing and 67% expected to share ICT equipment with other members of staff”

“70% of members highlighted the lack of clear advice on teaching approaches to be taken in a way that minimises the sharing of educational equipment with 68% of teachers, who have practical elements in their subject, not receiving subject specific advice on keeping safe”.

“A major concern for members was the lack of a detailed pupil discipline policy that includes actions for pupils who refuse to adhere to physical distancing and safety measures (such as hand hygiene) with only 21% of members indicating such a policy was introduced in their school”.

“It appears that schools are being exempt from all the normal Covid-19 safety arrangements, such as physical distancing, consistent and safe cleaning regimes, and restrictions on sharing equipment that take place in other public places. As one member remarked ‘Teachers are just been thrown under the bus’. Either we are serious about keeping people safe or we are not”.

Main findings

  • 33% of members reported that physical distancing measures had not been introduced around the school buildings and in their classrooms.
  • 2% of members reported that their class sizes had been reduced.
  • 53% of classrooms were to be cleaned after each class
  • 61% teachers expected to clean their workplaces 
  • 79% of pupils expected to clean their workplaces
  • 96% of classrooms would be provided with hygiene-sanitisers/hand washing facilities
  • 32% of schools were providing face coverings for staff
  • 47% of teachers allocated an individual work area with physical distancing
  • 67% of teachers expected to share ICT equipment
  • 21% of schools had a detailed pupil discipline policy including adherence to Covid-19 safety measures
  • 70% of teachers not given advice on teaching approaches to minimise sharing of education equipment
  • 68% of teachers who have practical elements in their subject have not received subject specific guidance

 [Ends]

Attached
Appendix A – Survey Results.
Appendix B – Selection of Members Comments

safetyfirst@0.75x

Safety First and SQA

It has been a challenging return to school for many and there will undoubtedly be further challenges ahead. 

I would like to thank the very large number of members who had the opportunity to take part in our reopening of schools survey. The information received highlighted the issues that members and schools faced and allowed for further pressure to ensure staff and pupil safety.

The recent SSTA advice remains and are the steps we would like to see in place in all schools to ensure members’ safety, such as face coverings for older pupils, high standard cleaning regimes and strict physical distancing measures.

These measures are now becoming the way forward particularly with the increasing number of pupils at a number of different schools having tested positive for COVID-19 infection. These cases illustrate the serious risk of the virus spreading through school communities if strict measures are not put in place. In addition, we are expecting a reduction in class sizes in some instances to ensure physical distancing measures and assist the support for learning of all pupils during this Education Recovery Year.

Following the return to schools we are receiving reports from members where measures to ensure staff safety are not in place or are not being enforced. We will be carrying out a follow-up survey to assess the progress being made and the issues that need further action. You will receive a separate invitation to participate and your responses are vital in making progress in working conditions with the Scottish Government and Local Authorities.

SQA and Exams 2021

The Scottish Government decision to use teachers’ professional judgment this year was a major relief for most teachers, pupils and their parents. However, the arrangements for 2021 have still to be confirmed and the use of teacher professional judgement may become a major feature in the coming months. At this stage members are advised not to introduce any additional measures that will increase teacher workload and pressure on pupils.

On the 14 August the SQA launched two consultations on the modifications to National 5, Higher and Advanced Higher course assessments with a closing date of 24 August. The consultations are a technical consultation and survey on the proposed modifications for each course.

The SSTA Education Committee will be submitting a response but would welcome your views should you have concerns regarding the changes proposed in your particular subject(s). A short response stating your subject(s) and your concerns would be appreciated.

Keep safe

Seamus Searson
General Secretary

High-School-Sign

Reopening of Schools: Email to School Reps

The Scottish Government statement on 30 July committed schools to reopen to all pupils by 18 August. This was supported by the Coronavirus (COVID-19): guidance on preparing for the start of the new school term in August 2020 document. 
 
This document was to be the reassurance for schools that they would be safe to return. It is expected that all the measures included in the document would be the minimum requirement for schools to return. In addition, the SSTA issued advice that went further to highlight the importance of keeping teachers safe. The SSTA has been in contact with the employers and Government to urge them to add additional measures to protect all staff in schools.
 
Unfortunately we are getting reports from schools that many of the measures necessary for the reopening schools have not been implemented and members are being put at risk. Members  have reported dirty classrooms, no additional cleaning schedules, lack of hand sanitisers, no additional cleaning materials in classrooms, and a disregard of physical distancing  measures. It appears to us that many schools are not ready to receive pupils and schools should be considering delaying the return of pupils. It is the duty of the employer to ensure staff safety and act upon all risk assessments. The SSTA has informed COSLA and the Government of the unpreparedness of schools and expects action to be taken to address these issues.
 
Should your school not have all the necessary arrangements in place to ensure staff safety and the receiving of pupils you should write to the Head Teacher outlining their concerns and asking about the Risk Assessments which should have been done and acted upon. The Headteacher should provide a written response. Please copy your correspondence and reply to info@ssta.org.uk. The examples returned will be used in discussions with employers and Government to ensure safe working environments.

Yours sincerely

Seamus Searson
General Secretary

Tuesday 11 August 2020

Survey

Safety First - Reopening of Schools – SSTA Survey

The SSTA conducted a survey of members prior to the reopening of schools to gauge the confidence of teachers returning to school. The survey received 2,615 responses and highlighted the concerns of members.

Seamus Searson, SSTA General Secretary said “The survey showed the high lack of teacher confidence in schools and their employers to ensure their safety upon the reopening of schools. The survey showed that 40% of members were not confident about returning to work with only 7% of members very confident.  41% of members had no confidence in their employer ensuring that their workplace would be safe upon their return”.

“29% of members who responded identified as having an underlying health condition or as being a member of a vulnerable group, with 75% of these not being contacted by the employer prior to the return to work to carry out an individual risk assessment. These teachers are extremely worried that their employer is not taking the threat to their well-being seriously”.
 
“The survey highlighted the high number of teachers who were unaware of fundamental safety measures to be put in place in their workplaces such as risk assessments (85%), physical distancing measures (57%) and cleaning regimes (67%) introduced in their classrooms”
 
“When it came to cleaning classrooms 19% of teachers were being expected to clean their classrooms between classes whilst 24% expected that the pupils would be expected to carry out the task”

“Only 14% of members were aware that were to be allocated an individual work area with appropriate physical distancing and 39% expected to share ICT equipment with other members of staff”
 
“A major concern for members was the lack of a detailed pupil discipline policy that includes actions for pupils who refuse to adhere to physical distancing and safety measures (such as hand hygiene) with only 7% of members indicating such a policy was in place in their school”.
 
[Ends]
 
Appendix A – Survey Results.
Appendix B – Selection of Members Comments
 

Safety First and the Reopening of Schools

Message to Members  - 4 August 2020

Safety First and the Reopening of Schools
The SSTA position throughout the COVID-19 crisis has been one of safety first for all teachers and pupils. We would all like to return to normal schooling but the current situation is far from ‘normal’.

The SSTA view remains that schools can only reopen and operate safely if there are significant operational changes in place to ensure effective social distancing, strong hygiene routines linked to thorough cleansing practices, appropriate PPE available where required, and ongoing risk assessments in place to monitor operations.

The Government’s announcement on 30 July that all schools should return to full time education by 18 August was supported by the ‘Coronavirus (COVID-19): Guidance on preparing for the start of the new school term in August 2020

Although a very extensive document it does not adequately address a number of issues regarding staff safety in schools. The decision to treat schools differently to other areas, where strict social distancing guidelines are still in place, is particularly worrying. Schools and their staff must be protected regardless of the assumption that schools are less of a risk.

The SSTA intends to focus on the safety measures necessary for the reopening of schools. Schools should be prepared to open for pupils with a phased approach to allow opportunities to test and make alterations to the risk assessments

SSTA Advice

Risk Assessments
During the outbreak, those with underlying health conditions or those who are pregnant have been advised to follow stringent social distancing to reduce the risk of severe illness from coronavirus.

There is a long-standing requirement for employers to put in place measures to ensure workplace safety where a significant health and safety risk is identified. Some workers will be at greater risk of severe illness from coronavirus.

All staff should have an individual risk assessment that includes their personal circumstances and the areas in which they are expected to work. Members who have an underlying health condition or are a part of a vulnerable group must be supported when returning to school. This may include remaining at home and asked to support remote learning.

It is the employer’s responsibility to protect employees from harm. This includes taking reasonable steps to protect employees and others from coronavirus. This is called a COVID-19 risk assessment.

The employer must:

  • identify what work activity or situations might cause transmission of the virus
  • think about who could be at risk
  • decide how likely it is that someone could be exposed
  • act to remove the activity or situation, or if this isn’t possible, control the risk

 
Support for Staff
The return to school will be a worrying time for many teachers, and staff will need to be supported and reassured that their safety is paramount. SSTA expects all staff concerns about returning to school and requests for measures to ensure staff safety around the school and in teaching areas must be taken seriously and action taken.

Physical Distancing
A strict 2 metre physical distancing system must be enforced for all staff, and pupils must be instructed to adhere to staff physical distancing measures at all times.

Face Coverings
SSTA recommends that all members have access to face coverings that meet the required standard and are provided by the employer. All members are advised to wear face coverings when in contact with other staff and pupils.

SSTA recommends that all in secondary schools pupils wear a face covering and should be mandatory for senior age pupils.

Staff who have underlying health conditions, or have members of their households with conditions, must ensure pupils in their care wear face coverings and adhere to strict cleaning regimes.

Plastic Screens
Schools should ensure the availability of protective plastic screens for those teachers who request them. In addition, all teaching areas that are unable to guarantee appropriate physical distancing between staff and pupils must have plastic screens installed.

Cleaning Regimes
It is essential that all schools have rigorous cleaning regimes that are planned, managed and delivered by appropriately trained staff. This cleaning must take place prior to a new class entering a teaching area.

Teaching Areas
Schools should ensure that no teaching area presents a risk to staff or pupils particularly small teaching areas. Schools should reduce class sizes and/or relocate to larger appropriate teaching areas.

Teacher Work Spaces and Staff Rooms
All teacher work spaces and staff rooms must have strict 2 metre physical distancing measures in place and allocated spaces for designated members of staff. There should not be any sharing of equipment or materials. Should there be no place of safety within the school, teachers should remove themselves from the building.

ICT Equipment
All ICT equipment and telephones must be allocated to individual staff and must not be shared with other colleagues. No ‘hot desking’. ICT equipment in classrooms must not be shared by teaching staff and classroom administration tasks need to be reviewed and alternative arrangements made.

Pupil Behaviour
As schools are not back to normal and pupil and staff safety is a priority, SSTA expects a high level of pupil discipline with a ‘zero tolerance’ approach in schools. Pupils refusing to follow safety measures cannot be accommodated in school and must be sent home.

Safety First
Should schools be unable to maintain a safe environment for staff and pupils then measures should be introduced to reduce the number of pupils accommodated in the school building on particular days. Safety must be the priority and putting people at risk trying to maintain full time education would be irresponsible.