UNISON Area Reviews Implementation Guidance 2016

At the end of October 2016 the Department for Education(DfE) published a series of documents for the FE sector on implementing Area Reviews. This includes:

  • Implementation Guidance
  • Due Diligence framework
  • Advice for Local Authorities and LEPS
  • Funding to restructure colleges
  • Convert to an academy: guide for sixth-form colleges

These new documents are in addition to the documents already published by the DFE:

  • Further education area reviews: how they work
  • Further education area reviews: transition grants

UNISON has already published branch guidance on the area review process itself. Area reviews are continuing until the end of March 2017 by which time all reviews should be concluded. You can find out a full list of the area review ‘Waves’ detailing in which wave each college is.

Those colleges and areas that have finished their review process will be moving into the implementation phase. It is at this point that any decisions that have been made during the area review process will be planned in detail and the implementation process, including due diligence will begin.

Trade union reps have a vital role to play in this process and should be listened to. It is vital that you read the implementation guidance to help you influence the way that any change is handled and affects our members.

Whilst the implementation guidance makes little mention of trade unions it does have state that colleges and/or transition boards should “Engage early on and continuously with learners, employers, staff and all stakeholders” (p.6). In a section entitled “Engaging Stakeholders” the DfE advises that “There should be a clear, proactive internal and external communication strategy regarding proposals... This should include key decision makers such as .... staff, students, unions....” (p.7).

The implementation guidance is divided into two sections Section One: Timeline (pp.7-12) Section Two: Essential considerations (pp. 23- 31). The first section tells colleges the key steps that they need to follow to implement an area review (appointing a transition board and a change management team; planning; approvals and funding; transition to a new institution). The second section covers a range of considerations that will need to be dealt with. Of particular interest is the mention of Equality Impact Assessment (EIA) (p.25); the Local Government Pension Scheme (p. 26) and Remuneration of Principals (pp.27/8). UNISON reps have an important role to remind colleges that EIAs should include an analysis of the impact of any change on staff as well as students. Reps also need to engage with the employer to argue for continued LGPS pension provision in a newly merged college. If you need any advice or support with regards to these matters please contact your branch, region or and we can put you in touch with someone to help on these matters.

Area Review reports

Thirteen Area review reports have now been published and are available to download.

The thirteen Area Review reports are as follows:

1.Birmingham and Solihull further education area review report

2.Cheshire and Warrington further education area review report

3.Greater Manchester further education area review report

4.The Marches and Worcestershire further education area review report

5.Sheffield city region further education area review report

6.Solent further education area review report

7.Stoke-on-Trent and Staffordshire further education area review report

8.Surrey further education area review report

9.Sussex further education area review report

10.Tees Valley further education area review report

11.Thames Valley further education area review report

12.West of England further education area review report

13.West Yorkshire further education area review report

Involving staff and unions

To support staff engagement in the area review process the Education and Training Foundation, in conjunction with colleges, unions and the NUS, produced “Staff Voice and Staff Engagement in Area Reviews: a guide for colleges”. This clear guide should be used alongside the Implementation guidance to ensure that the college workforce has a clear input and involvement with Area Review decisions and outcomes. This should be used both through the (remaining) area review process and any current or forthcoming implementation discussions around mergers, federations, restructures, curriculum reviews etc.

The Department of Education has stated that they will now publish the minutes for those area reviews that have been completed. They will also ask all current/ongoing reviews to publish their minutes and make them available to stakeholders.

Organising Around Area Reviews

Get involved – ask for information. Ask your college for the full details of their plans and the timetable for implementation. Ask your college to keep the unions informed at the earliest opportunity of any changes and to ensure that full and proper consultation takes place.

If your college is planning a merger then get to know the union reps in the other college/s. You may have common concerns and questions. You may be able to find out where there are similarities or differences in terms and conditions of employment and to share information about risks and/or benefits of a merger.

A checklist of questions – use the list below to select the questions that you need to ask depending on the type of changes your college faces. The questions have been developed to help union reps where they are facing a merger or a shared services proposal – but may be useful for other situations. You may have other questions to add to the list.

Details of the standard pay rates and terms and conditions for each of the colleges involved in the review and copies of the handbooks. / Borrowing (including as a percentage of turnover)
Details of any redundancy polices or severance schemes operated by each college. / Staff costs (including as a percentage of turnover).
Numbers of staff employed by grade in each college and department. / Non-staff costs (including as a percentage of turnover)
Details of the pension schemes operated by each college. / Student numbers and planned student recruitment levels
Details of the colleges’ share of any deficit to the LGPS and contributions to LGPS / Average class sizes
List of college estates / Numbers of apprenticeships provided
Details of estate utilisation / Ofsted reports from all each college
Details of any estate rationalisation proposed. / Curriculum and courses offered at each college
Details of any agreements with contractors. / What is the vacancy/staff recruitment policy
Numbers of staff employed by contractors. / What is staff turnover
Pay and terms of conditions for staff employed by contractors / What percentage of staff costs are management costs
Colleges overall financial position / How much is spent on staff agencies.
Operating surplus/deficit. / How much is spent on consultants
Financial forecasts. / What is timetable for any potential changes

Consult your members – tell them about the plans and ask for their views. Talk to your branch and region about getting some help in organising meetings for members and engaging with those who haven’t yet joined the union. Feed your comments back to the college.

Plan a recruitment strategy – remember the more members you have the stronger and more effective you will be in putting your case across. Now is a good time to ask non-members to join the union. If there are any changes then being in the union will mean that employees have a voice and are supported in challenging plans and dealing with any particular impact that the changes have on them.

Campaign – you may decide that you agree with some of the changes and that they are for the benefit of the college/s, the staff and students. However, some plans – particularly shared services may create risks and problems for our members’ employment. You may need to start a campaign to defend jobs or terms and conditions. Again, ask your branch and region for help.

Campaigning to challenge

  • Make contact with the students at the affected colleges they will have information on student expectations of quality and access to further education. For further information on the NUS campaign please contact
  • Talk to the other recognised union/s. Are they also affected? Can you work together to support each other and challenge any plans that are detrimental to staff? Agree how you can best develop a campaign and how will do what.
  • Lobby your MP. It is likely that your MP will not be aware of the impact the merger could have on the students and local economy. We have produced a guide to lobbying available from link
  • Work with your region and branch. They can help by supporting you and helping your campaign. They may be able to contact the local media to let them know what is happening and the impact that this will have on students and the communities. It is likely that they will not be aware of the severity of the impact.
  • Remember, college mergers do not always provide savings, improvements in the quality of education or economies of scale. College mergers take time. In Scotland, eighteen months after most college mergers took place the Scottish Audit Office reported that there was more work to do and that the savings anticipated were not delivered.

Stay in touch – let us know how your campaign is going. Contact your branch, regional office and .

Organising Space – this is a safe space for UNISON activists and we have a Further Education specific advice and materials. There is also the opportunity to connect with other activists in the sector. To register go to the UNISON website and set up your account using your membership number

Refer to UNISON guidance

UNISON has produced lots of guidance to help you get started. Use our website catalogue and refer to our guidance on shared services

Joint Agreement on the Avoidance and Handling of Redundancies in FE

Joint Agreement on Equalities in Further Education

Model Agreement for FE on Organisational Change

UNISON Guidance Tackling Collective Redundancies This factsheet gives some guidance, examples of case law rulings and advice on how to deal with collective redundancies, particularly focusing on the legal duty of employers to ‘consult’. It may be possible for branches to negotiate a new, or update / protect an existing redundancy agreement.

Tackling Dismissal and Re-engagement

UNISON Model Organisational Change Policy

AOC Advice to College Leaders Merger Tips April 2016

AOC Analysis on College Mergers April 2016

UNISON TUPE Guidance

What are shared Services

UNISON Bargaining Support for information on companies and negotiating guidance

LRD Law at Work 2016 – The Trade Union Guide to Employment Law

Contact information

UNISON education services
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London
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UNISON Direct 0800 0 857 857

Join UNISON online or Call free on 0800 171 2194