Finance and General Purposes Committee Minutes 2 March 2022
Finance and General Purposes Committee Minutes 2 March 2022
Corporation and Committee Minutes- Finance and General Purposes Committee Minutes 2 March 2022
Minutes of a meeting of the board of Leicester College corporation: Finance and general purposes committee
Held on 2 March 2022
Present: Danielle Gillett (Chair), Jonathan Kerry*, Verity Hancock, Ed Marsh*, Chan Kataria, Caroline Tote*
In Attendance: Louise Hazel - Director of Governance and Policy, Shabir Ismail - Deputy Principal/CEO, Della Sewell - Director of HR
*Joined meeting online via Teams
- Declaration of interests - 1.1 Verity Hancock, Louise Hazel, Shabir Ismail and Della Sewell declared an - interest in item 12. 
 
- Apologies for absence - There were no apologies for absence 
 
- Minutes of previous meeting and matters arising - 3.1 The minutes of the meeting held on 1 December 2021 were received and - agreed. 
- 3.2 As a matter arising it was confirmed that data on long term sickness by ethnicity - had been provided following the meeting. - 3.3 The confidential minutes of the meeting held on 1 December 2021 were - received and agreed. - 3.4 The confidential minutes of the special meeting held on 1 February 2022 - were received and agreed. 
 
- Finance reports (Period 6) and Spring Term reforecast - 4.1 The Deputy Principal presented finance report (period 6) and spring term - reforecast. The following points were highlighted. - 4.1.1 The year-to-date result was an operating deficit after restructuring - costs of £473k compared to the budgeted deficit of £99k. 
- 4.1.2 The College not expecting to meet its 16-18 learner responsive learner - number and funding target by the end of the year. 
- 4.1.3 Indications from the R06 data return and discussions with the - curriculum directors suggested that the College would also fall short of - its AEB allocation. This has been reflected in the reforecast. The - College was expecting to achieve around 90% of its allocation which - was a considerable improvement on the previous year. 
- 4.1.4 Apprenticeship income was currently below target. The impact of - COVID-19 on new starts in 2020/21 had resulted in fewer carry-ins for - this year. The forecast suggested that there would be a further income - shortfall of £79k. 
- 4.1.5 HE income was forecast to be below and a further reduction of £327k - in income had been included in the spring reforecast. This had - associated cost savings of £27k 
- 4.1.6 A spring reforecast had been undertaken. Overall, the expected Total - Comprehensive Income after restructuring costs had decreased by - £478k, from a deficit of £479k to a deficit of £957k. Positive - movements included additional income from the Tuition Fund and - some savings from non-pay costs including planned maintenance and - premises costs, some of which would be moved into the following - year. 
- 4.1.7 Pay was very tight; this would be reviewed further in the summer - reforecast. 
- 4.1.8 The College continued to meet its bank covenants but fell into the - ‘requires improvement’ financial health rating, following the spring - reforecast. Cash balances remained healthy although the capital plans - and deficit would impact on the position. The bank remained - supportive and discussions continued over the College’s position. 
 
- 4.2 Governors asked a number of questions including: - 4.2.1 The achievement of 90% of the AEB was encouraging but this still - presented a problem. Data from the Association of Colleges (AoC) - suggested that the College had recovered its AEB faster and more - significantly than other colleges but the gap was still an issue; 7% of - AEB was at risk of clawback. - 4.2.2 What was the usual rate of allocation achievement in a normal - year? In 2018/19 106% had been achieved and the College was on - track to achieve 108% in 2019/20 prior to the lockdown. There was still - some nervousness in the local community which was affecting - participation although the relaxation of restrictions appeared to be - helping. - 4.2.3 This appeared to be a step towards recovery. It was, although it - was unclear what the impact of the previous year would be on the - current year’s AEB allocation. - 4.2.4 Did the reforecast take into account the pay increases proposed - in Paper D? It did include those increases and the NI increases. - 4.2.5 The reforecast showed that the pandemic was still having an - impact and it was very hard to plan when the position was so - uncertain. The hard work that had gone into achieving this - position should be noted. Acknowledged; the revenue position was - still under pressure. 
 
- 4.3 Governors noted the period 6 finance report and agreed to recommend - the spring term reforecast to the Corporation for approval. 
 
- T level Capital bid - 5.1 The Deputy Principal presented an update on the College’s bid for T Level - capital funding during the Wave 4 funding round. The following points were - highlighted. - 5.1.1 A previous new build project on waste land at Abbey Park Campus - (APC) for electrical, plumbing and engineering, with an estimated cost - of £6.6 million, had not been submitted because of the AEB tolerance - decision and the financial implications for the College’s cash position. 
- 5.1.2 The costs of that project had now significantly increased to - approximately £9.7 million and the Senior Leadership Team (SLT) took - the view that it would be unwise to proceed with that project. 
- 5.1.3 It was instead proposed to apply for funding for a refurbishment project - to support Engineering and Manufacturing T Levels at APC B Block. - The maximum grant available was £1.4 million; the College would - need to match the grant to give a total project value of £2.5 million. 
- 5.1.4 The project would create a larger and upgraded workshop area to - accommodate more advanced machinery and provide a better flow - through for students. Classrooms on the first and second floors would - be converted into more specialist provision space. This would all be - delivered within the existing building footprint. 
- 5.1.5 The College would also need to invest to replace machinery which was - outdated. It had been allocated a grant of £918,328 from the - Education Skills Funding Agency (ESFA) for upgraded equipment. 
- 5.1.6 The financial implications were a commitment of up to £1.25 million to - contribute to the overall project cost and potential at risk costs of - £80,000 for project design costs should the bid not be successful. 
 
- 5.2 Governors asked a number of questions including: - 5.2.1 The project seemed a realistic and creative approach to - improving facilities that were tired and needed updating. The - College had an ambition and masterplan for the site; how could - this be picked up? This would need to be revisited; the pandemic - had changed approaches to working and to teaching and learning and - the College would need to look at its strategic plans and curriculum - needs for the future. - 5.2.2 Given the difficulties in recruiting engineering staff, was the - College confident it could staff the facility? Growth was not - ambitious and there would be a move from study programmes to T - levels. All colleges were struggling to recruit engineers but work was - underway on a staffing plan for the curriculum area. - 5.2.3 It appeared that the College had been wise not to commit to the - original project which would by now be unaffordable. Agreed. - This would be an issue that other colleges would face. - 5.2.4 If the College needed to match fund, what would be the impact on - cash? This would be funded from reserves; it currently had £15 million - cash, £9 million in real terms, plus access to a credit facility if required, - so it was manageable. 
 
- 5.3 Governors agreed to recommend to Corporation approval of the T Level - wave 4 capital application. 
- Jonathan Kerry left the meeting 
 
- Indicative funding allocations - 6.1 The Deputy Principal gave an update on funding allocations. The following - points were raised. - 6.1.1 Only the 16-18 allocation had been received. This showed a reduction - of 203 students to 3,364 with a reduction of £800k-£1 million in - funding. There was additional funding for T levels and the TPS so - overall the reduction looked to be around £250k less than 2021/22. 
- 6.1.2 This included the increase in rates; although it was reported to be an - increase of 8% the AoC estimated that it was much lower than this in - real terms; further data on this would be shared. 
 
- 6.2 Governors asked whether all colleges were experiencing a similar - situation. Growth across the sector had been in A levels and so those - colleges which did not offer A levels were seeing similar reductions. 
- 6.3 The Principal explained that it was not possible to maintain the current - establishment based on a current planning assumption of around 3,900 - students. The plan would need to be much closer to the allocation and all - curriculum areas would look at their establishment and what was needed to - deliver to the plan. It would be necessary to move quickly to achieve savings - ready for next year. If there was significant growth in year, it would be possible - to submit a business case for additional funding. 
- 6.4 Governors noted the update on allocations. 
 
- Changes to pay scales and notice periods for support staff - 7.1 The Director of HR presented a report setting out changes to terms and - conditions of service for support staff and proposing an increase in the length of - notice for some employees. The following points were highlighted. - 7.1.1 The National Living Wage (NLW would be £9.50 per hour from 1 April - 2022. This increase would have a significant impact on the bottom of - the support staff salary scales and would remove differentials between - the grades at the lower end of the salary scales. The College needed - to ensure there were differentials between scales to recognise different - levels of responsibility and to ensure it could attract staff to roles at the - lowest levels of the pay scale. 
- 7.1.2 The College’s ability to recruit was affected by nearby comparators - which paid more. 
- 7.1.3 It was proposed move to a new pay model and replace scales 1, 2, 3, - and 4 with new scales A, B and C. Scale C would be a combination of - scales 3 and 4. Differentials between scales and points would be - maintained at around 30p where possible. 
- 7.1.4 The financial implications over five years were outlined. These had - been built into the reforecast. 
- 7.1.5 An Equality Impact Assessment screening had been undertaken and - showed a positive impact for women; the proposal should help close - the gender and race pay gaps. 
- 7.1.6 Following consultation with UNISON, it was proposed that the notice - periods of two months should apply to staff on scale S01 and above - and only to staff newly appointed or existing staff who changed jobs. 
- 7.1.7 Both pay scales and notice periods were contractual matters which - were the subject of collective bargaining with UNISON. 
 
- 7.2 Governors asked a number of questions including: - 7.2.1 Were the reductions in costs in years two and three because - people would move to the new grades and then progress? Yes; - by 2025/26 most staff would be at the top of the scale. - 7.2.2 The proposals corrected the increase in the NLW but would it be - necessary to redo this again when the NLW increased? It would - depend on what pay award was made. There was some scope within - the new grades to cope with increases in the NLW but it would need to - be kept under review. - 7.2.3 Cumulative costs were about £700k; what would the costs be in - year five? By then the costs would tail off and would be built into the - pay budget. - 7.2.4 Achieving the benefits of the notice period change would take - some time; was it possible to do it sooner? It was but this would - not have union support and a collective agreement would not be - reached. Forcing such a change through was unlikely to be looked on - favourably by a tribunal. - 7.2.5 Was such action common in the sector? No, it was very - uncommon and regarded as a position of last resort. 
 
- 7.3 Governors approved the changes to pay scales and notice periods for - support staff. 
 
- Sick pay policy - 8.1 The Director of HR presented a revised Sick Pay Policy. The following points - were highlighted. - 8.1.1 The Sick Pay Policy was a collective agreement and contractual policy - affecting terms and conditions. As such, it had been agreed in - principle with the recognised unions. 
- 8.1.2 There were no significant changes to the policy from the previous - version. The main changes covered drafting changes and changes to - terminology; removal of reference to contractual overtime as no staff - have contractual overtime; and inclusion of accident, ill health or - conditions sustained in the workplace for the purposes of the policy. 
 
- 8.2 Governors approved the Sick Pay Policy. 
 
- Changing the face of FE report - 9.1 The Director of HR presented an overview of a recent EDI project which sought - to address issues connected to race in staffing and the curriculum. The - following points were highlighted. - 9.1.1 The project part funded by the ETF had been commissioned by the - College to understand the reasons for under representation of non- - white staff in senior roles in the College compared with the student and - local population, and the challenges and barriers that resulted in low - representation of racial diversity at middle and senior management - level and to identify potential solutions. It had also looked at how - curriculum resources could be reviewed to ensure they reflected the - student profile and wider community. 
- 9.1.2 The Black FE Leadership Group had been engaged to conduct - research; this involved 100 black staff completing questionnaires - followed up by interviews with 34 and a review of a range of data. 
- 9.1.3 Findings included that the profile of the Governing Body, management - and staffing at all levels did not fully reflect the local community and - students. This is a very common picture for colleges and other similar - employers across the Country. 
- 9.1.4 There was a shortage of black managers in the Curriculum and - Support leadership pipeline and black applicants did not fare - proportionately as well through the recruitment process. 
- 9.1.5 There were some positive comments from staff. The majority of black - staff identified the mission and ethos of FE as the key reason for their - career choice with the main reasons for choosing Leicester College to - be its reputation and location as a local employer. 
- 9.1.6 74% of all participants indicated they had not experienced any overt or - covert racism whilst working at the College. There were examples of - where student behaviour of a racist nature had been handled well and - others where it had not. Confidence in reporting racism was mixed - amongst the interviewees. 
- 9.1.7 A series of recommendations had been made and an action plan was - being tracked by SLT. 
 
- 9.2 Governors asked a number of questions including: - 9.2.1 How would we know what improvement looks like? The data - would show whether there had been an improvement in diversity - across different roles. Staff culture surveys would also show if staff - perceived an improvement. 
- 9.2.2 There was no silver bullet and all of the actions seemed sensible. - The fact that 25% of staff had experienced racism seemed high; it - would be interesting to know what type of experiences they had - and how these had been dealt with. This was 25% of a small sample - but that did not mean it was not important; this might include - microaggressions and there was work to do to ensure that there was a - realisation that what some people saw as ‘banter’ could be perceived - as racism by others. 
- 9.2.3 What was meant by an ‘institutional approach to understanding - and addressing any incidences of racism.’ This meant a common - understanding of what was considered a racist incident and how this - would be addressed. 
- 9.2.4 Unconscious bias training and reverse mentoring was found to - work very well and might be worth considering and would show - that the College leadership was in listening mode. Agreed; there - was an issue with communications and how staff were informed about - what was being done. There had been a leadership programme with - spaces allocated to black staff although not everyone was aware of it. - It was noted that although staff were often keen to stay with the - College and progress their careers, it would not be possible for - everyone to have career paths within the organisation and sometimes - it was necessary to leave to progress into the next role. 
 
- 9.3 Governors noted the report and agreed that it was an important area of - work which needed to have a high priority. 
 
- Key employment changes and implications - 10.1 The Director of HR gave an update on key employment changes. The following - points were highlighted. - 10.1.1 There were no major changes although a case concerning holiday pay - which was currently going through the Supreme Court might have - implications for the College. 
 
- 10.2 Governors noted the update. 
 
- Bad debt write-off - 11.1 The Deputy Principal presented a paper requesting authority to write-off debts - that were considered uncollectable. The following points were highlighted: - 11.1.1 The debt had been chased as far as possible and was now considered - to be uncollectable. 
- 11.1.2 One large debt involved a single subcontract arrangement. The - College had attempted to recover the funds from the partner. Legal - action had not been taken given that the debt would have been - contested by the partner and the College could not be confident of - winning the case. 
- 11.1.3 For the year to date, there had been previous write offs of £3,889.43. - With this recommendation, the cumulative total for the year would be - £46,615.29. 
 
- 11.2 Governors asked a number of questions including: - 11.2.1 Had the subcontract issue been as a result of an individual or - systemic failure. An individual; that person no longer worked for the - College. - 11.2.2 Had lessons been learned from this? They had. The College had - significantly reduced is subcontracting and processes and systems - had been reviewed. 
 
- 11.3 Governors considered the paper and agreed to approve the write-off of - uncollectable debts totalling £42,725.86. 
- Verity Hancock, Louise Hazel and Shabir Ismail left the meeting. 
 
- Senior postholder salaries - CONFIDENTIAL minute 
- Marketing update - 13.1 Governors received and noted the Marketing Update. 
 
- International update - 14.1 Governors received and noted the International Update. 
 
- Waivers of financial regulations - 15.1 Governors received and noted the report on waivers of financial - regulations. 
 
- Date of next meeting - 4 May 2022 
 
- Any other business - 17.1 There was no other business.