Redundancy Policy by HC120704142450

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									                              SWINDON BOROUGH COUNCIL

             Model Redundancy Procedure for Locally Managed
                          Schools/Academies
 Please note: Headteachers in Academies that adopt this model procedure will need to
 ensure that;
 the terminology reflects Academy Trust rather than School/SBC
 you remove section 1 as this is not applicable
 there is no requirement to submit Appendix D although this proves useful to support the justification
   and rationale for redundancies
 redeployment guidelines apply within the Academy and not the LA

Introduction

The Governing Body of ………..School recognises the contribution of all employees to
delivering its aim of providing outstanding teaching and support services. It also recognises
the need to ensure that employees feel secure and are appropriately supported throughout
their employment. The School is committed to protecting the employment security of
employees, as far as possible, by planning effectively to meet current and future staffing
needs. However, there may be occasions when pressures and change impact on staffing
requirements. In such cases the School will seek to minimise the effect of redundancies by
seeking redeployment opportunities as appropriate and by adopting a fair, consistent and
sensitive approach.

This policy should be read in conjunction with the Redeployment Procedure (Appendix A) and
the guidance for Managing Fixed Term Contracts (Appendix B)

Definition

A potential redundancy situation arises in the following circumstances:

         When the School has ceased or intends to cease, to carry out the work for which the
          employee was employed in the place where the employee was so employed, or
         The requirements of the School for employees to carry out work of a particular kind
          have ceased or diminished or are expected to cease or diminish

      This could be redefined as:
       "The fact that the School has to reduce its staffing establishment for budgetary
         or other reasons"
or
         "The fact that staffing at a School needs to be reorganised to respond to
          organisational or curricular changes."

1. Conditions of Local Authority Funding of Redundancy Costs (Maintained Schools only)

The Local Authority manages the centrally retained redundancy budget on behalf of all
Maintained Schools and must ensure that it is managed effectively. It needs to ensure that all
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calls made upon the budget are necessary to adjust their staffing establishment to meet
curricular and other needs and remain financially sustainable. It reserves the right to withhold
agreement to fund redundancy costs incurred in circumstances where redundancy could have
been avoided or costs minimised.

During 2011 the LA consulted with the Schools Forum and its Sub Group on proposals to ease
pressure on the centrally retained budget. This recognised that;

      Dedicated Schools Grant (DSG) funding rates have been frozen for a third year and are
       likely to remain so for the next few years. Reducing the proportion of DSG funding that
       needs to be retained by the LA increases the proportion available for distribution to
       schools and a range of changes to the retained budget, including the funding of
       redundancies, is expected to allow the LA to apply a 2.8% increase to overall 2012/13
       school funding despite DSG funding rates being frozen.
      Academies are no longer eligible to apply to the LA for redundancy funding after
       conversion but receive a proportionate share of the retained redundancy budget
       regardless of whether they need it. By reducing retained funding and increasing the value
       of funds delegated in the local formula, this puts maintained schools in the same position
       as Academies.

Schools Forum agreed that the LA should, in line with the approach taken in many other LA’s,
apply a stricter funding policy for all School redundancy costs. This means that the LA will not
fund redundancy costs where there is a good reason not to i.e.

     Where a School has decided to offer more generous terms than the redundancy
       compensation set out in the LA policy
     If a School acts outside of the LA redundancy policy and does not act on LA advice given
     Where the School has surplus balances that it has not already committed to use for
       specific purposes
     Where a School is, in the LA’s judgement, able to absorb the redundancy costs.

Schools Forum also agreed that all premature retirement cost will be charged to school budgets
in all but exceptional cases.

Information regarding the schools financial health will be based on recent balances surveys and
the submission of financial information in the “Notification to the LA of Potential Reduction in
School Staffing Numbers and proposed timetable” proforma – see Appendix D.

Before agreeing to commit funding from the redundancy budget to meet staff redundancy costs,
the Local Authority must be satisfied that School management and the Governing Body have
fully considered avoidance of and alternatives to redundancy. Redundancy, voluntary or
compulsory, must always be regarded as a last resort.

When a School faces potential redundancies the Governing Body should receive a report from
School management setting out a full analysis of the School’s position and the reasons for
potential redundancies. A copy of this report should be submitted to the Local Authority for
consideration, attached to Appendix D. At this stage the Governing Body should consider and
ratify the report but not start the consultation process until a response has been received from
the LA.

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Schools contemplating potential redundancies must therefore, as a condition for central funding
of redundancy costs, submit to the Local Authority the notification form and timetable to be found
in Appendix D and a copy of the report prepared for consideration by the Governing Body and
should not formally start the redundancy procedure until the LA has considered and responded to
the submission. The School should also confirm agreement to support redeployment
arrangements.

The Local Authority will also seek confirmation that the School has taken appropriate
management decisions in the past to avoid redundancies; for example, not filling vacant posts or
filling them on a temporary basis when potential redundancies could have been foreseen.

The LA will respond as soon as possible:
                     seeking further specific information, or
                     indicating the number and type of redundancies it has agreed to fund, or
                     notifying its reasons for not agreeing to release funding.

A Governing Body meeting should be convened to consider the LA’s response and decide
whether to invoke the redundancy procedure.

The LA will monitor staffing levels in Schools where funding is approved for redundancies to
ensure staffing levels within the following 12 months do not subsequently increase beyond those
achieved by the agreed redundancies. Any apparent increase will be discussed with School
management and in the absence of a satisfactory reason the LA will consider whether to recover
some or all of the cost of redundancies.

2. Delegated responsibility

Where the Governing body has delegated the responsibility for dismissals to the headteacher
(see Appendix C), the headteacher will make the decision on which post(s) are to be declared
redundant based on the agreed criteria.

Where the governing body has not delegated responsibility the staffing panel will work with the
headteacher. The headteacher and two governors will form the Redundancy Selection Panel.
This is considered to be a more objective way to deal with redundancy situations

In both cases the governing body will need to establish an Appeals panel comprising a minimum
of three governors. No governor may be a member of both committees.

3. Conduct of meetings

All Governor meetings where the management of organisational change and implications for
employees are considered are formal meetings and should be conducted in an appropriate
manner, with notes kept on those present and on decisions made. Headteachers should ensure
that an appropriate venue is arranged for consultation and panel meetings and a separate
waiting room is allocated for employees and representatives if required.




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4. Procedure for handling redundancies

Stage 1 - Measures to avoid or minimise redundancy
Compulsory redundancy will be seen as a last resort and the School is committed to retaining
employees wherever possible. However, where redundancies are proposed, consideration will
be given to the following:

          o   Restrictions on recruitment
          o   Termination of short term temporary contracts (see guidance for Managing Fixed
              Term Contracts, Appendix B)
          o   Redeploying employees to alternative posts within the School (see
              Redeployment Procedure, Appendix A)
          o   Provision of reasonable training or re-training of employees for alternative work
          o   Natural wastage, i.e. normal resignations and retirements
          o   Reducing the use of agency staff
          o   Reducing overhead costs – heating, lighting, use of contractors etc.
          o   Generate additional income – the letting and use of School facilities etc.

Stage 2 – Audit of Staffing Requirements
Where a staffing reduction is unavoidable the Governing body will ensure that the staffing panel
carries out an audit of staffing requirements. This audit should be systematic and relate to School
management and development plans.

Once a problem has been identified the audit needs to be carried out as soon as possible but
Governors and Head Teachers should be aware of the following timescales for planning
purposes especially where reduction of teaching staff is likely:

      Reduction        Process to           Selection meeting       Maximum Notice to
      required by      begin where          advised                 be given to teaching
                       possible                                               staff

      1 September      1 January            May                      End May
      1 January        1 May                Sept                     End September
      1 May            1 September          January                  End January

Stage 3a – Notification of redundancy situation to Group Director Children Services
Governors of Maintained School must inform the Local Authority of the possible need to reduce
staff using the Notification of Potential Redundancy Form (Appendix D) which needs to be
completed in full with the required attachments, including the report considered by the Governing
Body and proposed redundancy timetable.

Following submission of the form the School must not appoint any new permanent staff in that or
any related subject areas, if the reason for the reduction is related to the budget, until after the
initial consultations with employees and unions. Before the School moves to the consultation
stage, confirmation of Local Authority support must be received.

Whilst Academies do not need to advise the LA of potential redundancies we would recommend
that Appendix D is completed as this will form the basis of the management case for any
proposed redundancies.

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Stage 3b – Equalities Impact Assessment – appendix to be added
The Council is committed to promoting equalities and has a legal obligation to complete
Equalities Impact Assessments. They ensure that equality considerations are built into
everything we do and promote equality of opportunity and a fair working environment.

Carrying out a EIA involves systematically assessing the potential (or actual) effect a
policy/service/function has on people in relation to the ‘protected characteristics’ identified by
equality legislation. Protected characteristics as identified by the Equality Act 2010 are age,
disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race,
religion or belief, sex, and sexual orientation.

Before starting your proposed redundancy exercise, please complete the EIA form which can
be found in draft format in Appendix C1. The final version of appendix C1 can be found on
Schoolsonline. The EIA will need to be reviewed and updated throughout the redundancy
process.

Stage 4 - Selection Criteria
In a proposed redundancy situation the School will adopt a fair, consistent and objective set of
selection criteria, which should not discriminate against employees on the grounds of sex, race,
age or disability.

Employees will be selected for redundancy on the basis of the skills, qualifications and
experience required to meet the present and anticipated needs of the School.

The criteria for selection for redundancy adopted by the staffing panel are a vital element in
assessing whether redundancies have been fairly carried out.

Governing Bodies should consider the following when selecting criteria:
               a) the range of skills, competencies and experience.
               b) the qualifications and training background
               c) the wider contribution to the development of the School

Examples of a redundancy selection criteria matrix for teachers, teaching assistants and admin
staff are available in Appendix E. Also included are examples of the skills audit forms to be
completed by the individuals.

This will seek to identify those employees with the knowledge and skills to meet the School’s
present and anticipated needs. The criteria for selection will be made available as part of the
consultation process.

Stage 5 - Consultation
Where redundancies are being considered there is a legal requirement for meaningful
consultation and the need to advise/involve at the earliest opportunity both the recognised trade
unions/teacher associations and employees. Employee representatives or individual employees
may be able to suggest acceptable alternative ways of tackling the problem or, if the
redundancies are inevitable, ways of minimising hardship.

The consultation should include ways of avoiding the dismissals, reducing the number of
employees to be dismissed, and mitigating the effects of dismissals. Consultation must be

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carried out even when it is believed that there will be volunteers. There must be a mininum
consultation period of two weeks before issuing notice.

Headteachers should notify trade unions/teacher associations of proposed redundancies using
the template letter in Appendix F. There should be sufficient time to allow the union to formulate
constructive proposals before the consultation period starts.

(a) First Consultation Meeting with Staff
The Headteacher will arrange an initial consultation meeting for staff and invite representatives
from trade unions and staff (see template letter in Appendix G) of the Redundancy Procedure.
Where possible a minimum of 5 days notice of the meeting should be given to all parties. An HR
representative will also be present to provide advice regarding the procedure.

The purpose of the meeting is to discuss the potential redundancy situation, clarify the procedure
that will be followed and seek to avoid compulsory redundancy where possible by voluntary
means. Consideration will be given to any representations and/or alternative proposals made at
this stage. Information to be supplied to all staff and trade union representatives at this first
meeting must include:

      The reason for the proposed redundancies – financial, numbers on roll, curriculum
       changes.
      If the reason is related to curriculum changes, the Headteacher will need to explain that
       there may be a need to recruit in some subject areas while other areas are reducing.
      The numbers and description of employees the School proposes to dismiss as redundant.
      The total number of employees of any such description employed at the School.
      Details of the selection criteria and how they will be applied.
      How the dismissals are to be carried out, including the period over which the dismissals
       are to take effect.
      The method of calculating the redundancy payments, Appendix M
      Ask for ideas or alternatives to avoid or minimise the proposed redundancy.
      Voluntary reduction of hours, including voluntary job-share or part time working
      Invite volunteers for redundancy and state the time by which applications must be
       received; the mere fact that the individual volunteers does not mean that the redundancy
       will be granted

Employees and trade union representatives will be informed that a second consultation meeting
will be held in order to discuss any alternative proposals that they may wish to make. Employees
should be encouraged to contact HR to obtain details of redundancy payment entitlements etc.

Governors and the headteacher will need to consider any requests for voluntary
redundancy or changes to working hours/patterns before the second consultation
meeting. The headteacher will then notify the employee(s) of the outcome before the
second consultation meeting.

(b) Second Consultation Meeting
If no offers of voluntary redundancy, early retirement or alternative proposals to avoid or
minimise compulsory redundancy are forthcoming at this stage, employees and trade unions will
be notified at this second meeting that a compulsory redundancy situation has arisen. Where
possible a minimum of 5 days notice of the meeting should be given to all parties.

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If, as a result of the first consultation meeting, any alternative proposals to avoid compulsory
redundancy have been received, the headteacher will feedback on the outcome of the governors
decision.

The headteacher will update on the current financial situation or any changes since the previous
meeting.

Proposals to avoid compulsory redundancies or applications for voluntary redundancy, early
retirement etc will still be considered at this stage and will be discussed and further considered
by the Headteacher. A third consultation meeting may then be appropriate within 5 working days
or a written response to specific proposals may be agreed (i.e. to respond to voluntary
redundancy applications).
Where the employee volunteering for redundancy is not within the group due to be reduced then
it may be possible to effect a transfer from within that group, subject to them having the
necessary transferable skills.

If staff would like individual consultation meetings at this stage, these can be arranged with the
headteacher and/or HR Officer. Staff will have the right to be accompanied by a work colleague
or trade union representative at these meetings.

Stage 6 - Selection process for compulsory redundancy

Where a compulsory redundancy situation has been confirmed, individuals who are in the pool of
staff within the area(s) of work potentially affected should be invited to complete a skills audit
form (Appendix E) detailing their experience, skills and training. A senior member of staff who is
not included in the selection pool should be available to give assistance to employees where
necessary by providing them with any relevant information, e.g. training records to enable them
to complete the form as fully as possible.

The headteacher and/or Staffing Panel will undertake the redundancy selection with HR support,
where appropriate, and will apply the agreed redundancy selection criteria with reference to the
completed staff skills audit forms.

The criteria should be considered in order, narrowing down the selected employees by
application and make a formal written record of the basis on which decisions are taken.

Note: Redundancy is not a means of dealing with persistent absence, ill health or poor
performance of individual members of staff. Such cases must be dealt with under the
appropriate procedures.

Stage 7 - Notification of Compulsory Redundancy

The Headteacher will then arrange to meet with the employee(s) selected to notify them of their
selection. Staff will have the right to be accompanied by a work colleague or trade union
representative at this meeting. This can be a difficult meeting and one that needs to be handled
sensitively. The employee(s) should be given the opportunity to ask questions and appropriate
support should be put in place. They should be advised to seek support from their professional
association/trade union and be made aware of the services of Care First, the Council’s
counselling service. Notes should be taken of the meeting.

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The employee should also be notified in writing of the decision (see template letter, Appendix H)
and given the opportunity to make representations to the Headteacher or Staffing Panel.

Using the template invite letter in Appendix I, the employee must be given a minimum of five
days notice of the Representation meeting and the employee should be provided with a copy of
the notes taken at the redundancy selection meeting detailing the reasons for their selection.
They have the right to be accompanied at the meeting by a trade union representative or work
colleague. A formal written record will be made of the decision. No additional information can be
introduced at the Representation Hearing.

Following this meeting, the Headteacher should notify the member of staff of the decision in
writing within 5 working days and employees confirmed as selected for redundancy will be given
the right of appeal. See template letter in Appendix J. If the Representation Hearing
recommends that the selection for redundancy has not been fair, the headteacher and/or staffing
panel will need to return to Stage 6 of the process.

Stage 8 - Right of Appeal

If the individual exercises their right of appeal against the decision, they should write to the Chair
of the selection panel within 10 working days outlining their reasons for appeal and making it
clear whether their appeal is in relation to:

             the process used
             the application of the selection criteria
             some other factor

No additional information can be introduced at the appeal stage.

The appeal must be heard by the Appeals Panel of Governors, none of whom should be
members of staff or have had previous involvement in the selection process.

The employee must be given ten days notice of the Appeal Hearing (template letter available in
Appendix K). The employee has the right to be accompanied at the meeting by a trade union
representative or friend. A formal written record will be made of the decision. Following the
Appeal Hearing the Chair of the panel should notify the member of staff of the decision in writing
within 5 working days. A template letter can be found in Appendix L.

Where possible, it is advisable to arrange the appeal hearing before the end of the notice period.

If no appeal is lodged or the original decision to select for redundancy is upheld, the Governors
of Community and Voluntary Controlled School’s will immediately notify the LA in writing, via their
HR Officer, of their decision that the individual will cease to work at the School. The Council will
then issue notice of termination of employment on the grounds of redundancy; ensuring minimum
notice periods are satisfied. Academies, Voluntary Aided and Foundation Schools are
responsible for issuing notice letters to their employees.


5. Redeployment


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When an individual is selected as a possible candidate for redundancy until his/her dismissal
takes effect (or they obtain another post) they will continue to be subject to the redeployment
provisions (see Redeployment Procedure – Appendix A).

6. Time off to look for new work or for training

Employees who are under notice of redundancy will be entitled to a reasonable amount of paid
time off to look for work or to arrange training with the agreement of their Headteacher.

7. Redundancy Payments

Employees who are made redundant following 2 or more years' continuous service as at the
date of dismissal will be eligible for a redundancy payment. (See Early Retirement,
Redundancy Policy in the Schools HR Manual).

Employees who have at least two years continuous service with one or more local authorities or
any organisation that is covered by the Redundancy Payments (Continuity of Employment in
Local Government etc (Modification) Order 1999 will normally be entitled to a redundancy
payment. This entitlement will be lost if they return to work for the same employer or one within
the Modification order, within four clear weeks (plus one day) of departure. This will include all
Academies and Foundation Schools.

Redundancy payment due to an employee depends on their age, length of service (subject to a
maximum service limit of 20 years) and weekly pay.

The redundancy payments are based on the following formula:
       0.5 week’s pay for each full year of service where age is less than 22
       1 week’s pay for each full year of service where age during year is 22 or above, but
         less than 41
       1.5 weeks’ pay for each full year or service wher age during the year is 41 or above

A redundancy calculator is available in Appendix M.

8. Equality and Diversity

The policy has been impact assessed by Human Resources. If on reading this policy/procedure,
you feel there are equality and diversity issues, please contact your Schools HR Advisor, who
will, if necessary, ensure the policy is reviewed.




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     List of Appendices


     Appendix    Title                                                       Page
                                                                            Number
         A       Redeployment Procedure                                     11 - 12

         B       Guidance for Managing Fixed Term Contracts, including      13 - 17
                 template letter for non-renewal of fixed term contract

         C       Roles and Responsibilities in the Redundancy                 18
                 Procedure

        C1       Equality Impact Assessment Form                            19 - 22

         D       Notification to the LA of Potential Reduction in School    23 - 29
                 Staffing Numbers, financial information and proposed
                 timetable

         E       Redundancy Selection Criteria                              30 - 39

         F       Template Letter – Inviting Trade Unions to Consultation    40 - 41
                 Meeting

         G       Template letter - Inviting employees to Consultation         42
                 Meetings

         H       Template letter - Redundancy Selection Letter to be sent     43
                 to employee

         I       Template letter – Inviting employee to Represention          44
                 Meeting

         J       Template letter - Outcome of Representation Hearing,       45 - 46
                 including right of appeal

         K       Template letter – Invite to Appeal Hearing                   47

         L       Template letter – Outcome of Appeal Hearing                  48

         M       Redundancy Calculator                                        49




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                                                                                       Appendix A
Redeployment Procedure
All schools and academies have a duty to consider any staff at the risk of redundancy for
redeployment opportunities. For Academies this will apply within their Academy. For
maintained schools redeployment will apply within their school and the local authority.


Introduction

It is recognised that in accordance with the Schools Staffing Regulations the Governing Body is
responsible for the appointment of staff within their School. It is strongly recommended that
Governing Bodies and Headteachers give full consideration to the redeployment of staff within
their School and from other Schools that are managing staff reductions into any suitable
vacancies at its School. It can demonstrate its support by:

   (a) Offering an interview to such employees prior to a vacancy being advertised where the
       employee meets the essential criteria

                                    or

   (b) Offering an interview to such employees alongside other shortlisted candidates after the
   vacancy has been advertised where the employee meets the essential criteria.

Redundancy and premature retirement packages, particularly for those with lengthy continuous
Local Authority service are very costly. By reducing the number of these financial packages
through redeployment, there will be less pressure on the school and the Dedicated Schools
Grant, where applicable.

Headteachers and Governors Bodies have a major responsibility for the financial management of
the Service, in particular for ensuring that funds are used efficiently and effectively. It is for this
reason that governors are urged to co-operate positively in the staff redeployment programme.

If a support member of staff is successful in finding an alternative post at a lower grade, their
salary will be protected in accordance with the Council’s/Academy Salary Protection Policy.

Where a potentially redundant teacher is redeployed to another teaching post they will be entitled
to have their salary protected in accordance with the School Teachers Pay and Conditions
Document.


Principles

Staff facing redundancy or who have volunteered for redeployment will;

    meet with a member of the Schools HR Team to discuss specific support required and the
     appropriate agency to provide this support – eg skills audit, interview skills training

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    Be placed on the distribution list for the Council’s internal vacancy bulletin and E teach
     weekly bulletin in order for individuals to identify suitable vacancies. They will be given
     the opportunity to visit Schools/Academies or other Council workplaces where there are
     potential vacancies which they may be interested in to familiarise themselves with
     possible jobs available and find out more.
    offered a trial period of 4 weeks and during this time a thorough induction will take place
     with regular monitoring and review of the progress. If an employee wishes to terminate a
     trial period then consideration will be given as to the reasonableness of this request and
     whether it constitutes a refusal of suitable alternative work. The employee will be
     informed of the implications of this.
    Employment will be continuous as long as there is no break in service regardless of the
     temporary nature of the contract.

 Governors/Headteachers need to consider redeployees for posts bearing in mind their suitability
 with training and following a trial period of four weeks if the post is different to their current post.
 Where the school has adopted this procedure redeployees will be offered an interview for
 suitable posts as long as they meet the essential requirements of the post. Where the Council
 recommends a redeployee for interview and the School agrees, this may take place prior to
 interviewing other candidates.
 Governing bodies/Headteachers that do not appoint a redeployee will be encouraged to discuss
 their decision with the redeployee, explaining the reasons for their decision. This will help to
 identify more suitable posts in future and address any issues regarding the redeployees’
 interview technique or presentation.




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                                                                                                                Appendix B
Guidance for Managing Fixed Term Contracts
The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 came
into force on 1 October 2002 to ensure that staff on fixed term contracts are not treated less
favourably than staff on similar permanent contracts. In addition, the Regulations confirm that the
expiry or non-renewal of a fixed term contract is a dismissal in law.

The Employment Act 2002 (Dispute Resolution) Regulations 2004, came into force on 1 October
2004 and set out a statutory minimum dismissal procedure, which must be applied to all staff.
However, on 6 April 2009, the statutory procedures were repealed under the Employment Act
2008 and from that time employment tribunals will consider if the employer has followed their
own procedures and the Acas code.

Although the mandatory 'three-step' processes for dismissal procedures were repealed in April
2009, our policy still recommends that we follow the three-stage process when ending any fixed
term contract. Simplified, the required process is as follows:
       Written invitation to consultation meeting
       Consultation
       The right to appeal

If an employer fails to follow their own policy the dismissal could automatically be deemed as
unfair and taken to tribunal.

If a contract is to cover someone on maternity leave or sickness absence and the contract is
finished when they return, the dismissal will normally be fair.

If there are grounds to extend the contract, but a decision is made not to for some other reason
(e.g. performance, attendance) there may be a claim for unfair dismissal.

Statutory notice1 must be given in cases of early termination of a fixed term contract prior to the
original end date.

Guiding Principles

Under Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002,
employees have the following rights:

        Not to be treated less favourably than comparable permanent employees.
        To have their contract made permanent if it is successively renewed for more than 4
         years.
        To qualify for statutory redundancy payment if they have been employed for the necessary
         period.

1
 after one month’s continuous service, but less than two years: one week’s notice
after two years continuous employment: two weeks’ notice if you have been continuously employed for two years




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      To receive information on permanent vacancies within the organisation.
      To receive a written statement from the employer with reasons for the dismissal.
      To receive Statutory Sick Pay.
      To receive notice of the intention to terminate the contract.
      To have access to occupational pension schemes.


Continuation of Fixed Term Contracts

Employees on a fixed term contract who accrue 4 years continuous service are entitled to a
permanent contract under the provision of the Fixed Term Employees (Prevention of less
favourable treatment Regulations 2002)

Procedure for Ending Fixed Term Contracts

This standard procedure should be followed in the case of all staff employed on fixed term
contracts that are about to end. Failure to do so could make the dismissal unfair and lead to
complaints being made through an employment tribunal.

Fixed term contracts are set up for a genuine reason, and the employee needs to be aware of
the contract and the reason for it being fixed (e.g. funding). At the expiry of the contract the
employer needs to demonstrate that the reason for it being fixed cannot be extended (e.g.,
funding has expired).

At least two months prior to the expiry of the contract, Headteachers/ Line Managers are to
advise employees whose contract cannot or is unlikely to be extended why termination of their
contract is being considered. If it is unsure at this time whether the extension will be agreed, this
process should still be followed.

Headteachers/ Line Managers are to invite the employee to a meeting to discuss these matters
further. The meeting should consider any steps that could be taken to extend the current
contract or to seek alternative employment. The expiry date of the current contract is also to be
confirmed. The employee has the right to be accompanied at this meeting.

Notes should be taken, with a copy kept on the employee’s personal file. A follow up letter will
include a summary of the discussion and any decisions reached at the meeting and confirm the
end date of the contract. It will also include the right Representation and Appeal to the
Governors Staffing Panel regarding the ending of a fixed term contract. Template letter is
available on page 19.

After this meeting Headteachers/ Line Managers/ HR Officers are to continue to offer assistance
with redeployment, including issuing the Internal Vacancy Bulletin right up to the date of expiry of
the contract.

Appealing against a decision

An employee can appeal against a decision not to re-engage at the end of fixed term contract.
The appeal must be made in writing to the Headteacher/ Line Manager within 10 days of the
written notice of the decision.

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An appeal hearing, involving the staffing panel of governors (supported by a Schools HR Officer)
will be held as soon as practicable following receipt of the appeal notice. Employees can be
accompanied at this meeting.

The appeal hearing will involve the school’s case, the employee’s case and summing up. The
result of the appeal hearing must be notified in writing within 5 working days of the meeting.

Redundancy

Employees with two years continuous employment can claim a statutory redundancy payment
upon the ending of their employment if the reason for the termination is the expiry of their fixed
term contract due to reduction or ceasing of work and they do not secure alternative
employment/redeployment.

Employees on a fixed term contract should not be selected for redundancy purely because they
are on a fixed-term contract. Redundancy must be objectively justified at the end of the specific
task for which the contract was initiated. If there is more than one member of staff undertaking
the type of work that is to be reduced/ceased then all of these staff should be placed in a
selection pool and the school redundancy procedure applied.

Further information can be obtained from the Schools HR team.




January 2012                                     15
Ending Fixed Term Contracts




       Under 1 year                               Over 1 year continuous
     continuous local                               local government
    government service                                    service



                                 Employee in
                                 unique post
    Write and invite to a                                       Employee
   meeting to discuss end                                         not in
         of contract                                           unique post

                              Follow procedure but be
                              aware that there may be
                               redundancy payment
     Hold meeting and
  discuss any alternatives
                                                                  School
                                                                redundancy
                                                              procedure must
                                                                be followed
   If no alternative found
      write and inform of
    decision to terminate
       and give right of
     representation and
            appeal
                                                    Selection must not be
                                                      made due to fixed
                                                       term contract but
                                                     decision made with
  Hold appeal hearing and                             objective selection
    confirm decision in                              criteria applied to all
          writing                                         staff in pool




  Statutory notice must be
    given if terminating
   before the end of the
         fixed term


January 2012                              16
Template letter confirming non-renewal of fixed term contracts


Dear

Non Renewal of Fixed Term Contract

Further to our recent discussions, I am writing to confirm that your fixed term contract of
employment, which is due to end on ………………. 20… will not be renewed on its expiry.

You do have the right to make representations to the Headteacher or Redundancy Selection
Panel against this decision and a representation meeting will be held on …(date) ….. at (time).
(please give a minimum of 5 days notice) You have the right to be accompanied by a work
colleague or trade union representative if you chose to make representations to the panel.

Please could you inform me in writing, by completing the second copy of this letter (date)
whether you will be attending the meeting. In the meantime, if you need any clarification then
please do not hesitate to contact me.

You also have the right of appeal to the governors.

I would like to thank you for all your hard work and ……….

If you require any further information or wish to discuss this matter with me please contact me.


Yours sincerely


Headteacher



*I do/do not wish to make representations to the Redundancy Selection Panel on (date)

Signed……………………………………………. Dated………………………………..


*Please delete as appropriate




Copy to:      Union rep




January 2012                                    17
                                                                                      Appendix C
Roles and Responsibilities during the Redundancy Process

Regulations
The School Staffing (England) Regulations 2003 and Amendment in 2009, permit and encourage
Governing Bodies to delegate initial decisions on dismissal of employees to the Headteacher
(except in relation to school leadership team posts). Governing Bodies may, therefore, wish to
enable the initial decision on selection of employees for redundancy to be delegated to the
Headteacher rather than to a Staffing Panel. Such amendments should be subject to
consultation with the Headteacher and with recognised trade unions.

It is the responsibility of the Governing Body and the Headteacher to determine the school
structure and to appoint and dismiss employees. However, the Council remains the overall
employer in the case of Community, Voluntary Controlled and Community Special Schools and is
responsible for the formal notification of dismissal to individuals by reason of redundancy. The
Governing Body of Foundation and Voluntary Aided schools is the employer and therefore
responsible for all redundancy decisions and notification.

Governing Body
All organisational change proposals should be shared with the full Governing Body. This should
include the broad outline of the plan but must not include any proposals or decisions regarding
any individual employee. The Governing Body is responsible for setting redundancy criteria and
it is recommended that this task be delegated to a Staffing Panel, which will include the
Headteacher and two Governors. It is recommended that the selection of employees by use of
those criteria is the responsibility of the Staffing Panel, who may be supported by an HR Officer.
A separate Appeals Panel of the Governing Body will hear formal appeals against dismissal by
reason of redundancy. Staff Governors should not be appointed to either the Staffing Panel or
Appeal Panel in this instance. Where possible, a gender balance should be sought.

Headteacher
It is the responsibility of the Headteacher to facilitate the redundancy process, to organise
necessary meetings including employee and trade union consultation meetings and to advise the
Staffing Panel as appropriate. It is important that the process is thoroughly planned in a timely
manner and that any timescales are adhered to, especially in terms of advising employees of
hearing dates etc.

Schools HR team
It is the responsibility of the school’s HR Officer to guide the Headteacher and the Governing Body
through the redundancy process in accordance with the Redundancy Procedure, attend panel
meetings, provide standard letters to use throughout the process, seek formal LA agreement to
fund any severance packages, provide assistance to seek suitable redeployment where possible
and issue formal notice or redundancy or retirement as appropriate.

Trade Unions
It is the responsibility of the trade unions to support their members through the process as
required, including attending consultation/representation/appeal meetings.




January 2012                                    18
                                                                                                              Appendix C1
DRAFT          -   Equality Impact Assessment
Final version of this form can be found on Schools on line

The questions outlined are designed to assist schools in carrying out an effective Equality Impact Assessment (EIA).
An EIA should highlight any potential areas of unfairness any new proposals, policies / services or functions and to
identify action which can be taken to redress discrimination if it occurs across any of the nine protected
characteristics (1. Age, 2. Disability, 3. Gender Reassignment, 4. Marriage and Civil Partnership, 5. Pregnancy and
Maternity, 6. Race, 7. Religion or Belief, 8. Sex, 9. Sexual Orientation). An EIA should also positively promote equal
opportunities, improved access, participation in public life and good relations.



NAME OF SCHOOL/ACADEMY:                          ……………………………. School/Academy


TITLE OF THE PROPOSAL/POLICY: Proposed reduction in staff numbers which may result in possible
                                                 redundancies. Model Redundancy Procedure for Locally Managed
                                                 Schools/Academies will be used.

DATE:


1. Identify the aims and objectives of the proposal, what will be the proposed change
and how will it be implemented.


What are the overall aims and objectives?
The purpose of this EIA is to identify equalities implications of the proposal to reduce staff numbers/hours due to
…………. (financial, reduction of numbers on roll and/or curriculum changes)
The Governing Body/Directors of Academy Trust is committed, both as an employer and as a service provider to
ensure that it offers equal access to jobs to all.
January 2012                                                  19
What is the proposed change?
Following the recent Governors/Directors meeting it was agreed to consult the staff on the proposal to reduce
the staffing numbers from ……….. to ……….. (or by ….hours/reduce the number of classes to ……./…….???) with
effect from September 20..

Why is it necessary to implement this proposal?
………… School/Academy is having to consult on these proposals due to ……………………….school to add details

(example: reduction in budget/ proposed changes to the curriculum/reduction in pupil numbers etc. although
this is a difficult decision the school/academy feels that this is the right decisions for pupils, staff and the school)




2. Assessment of impact (with regards to Age, Disability, Gender Reassignment,
Marriage and Civil partnership, Pregnancy and Maternity, Race, Religion or belief, Sex,
Sexual Orientation).



Attached are the redundancy selection criteria to be used.

A Diversity Impact Assessment has been completed.

Implications for current and prospective students
No adverse impact identified

Impact on the Local Community
January 2012                                                  20
No impact envisaged

Implications for Staff
Potential reduction in teaching/ and /or support staff from …. To ……. Will be essential to achieve the proposed
cost reduction.
Examples:
    By reducing staff numbers/hours amongst the support staff/catering/cleaning staff will have an adverse
      impact on the female staff and age profile. Currently we have xx Teaching Assistants/cooks etc. and this
      number will reduce to xx. All Teaching Assistants/ ?? are currently female.
   
   




3. Consultation


Governors have discussed the proposal to reduce staffing numbers. The LA have been consulted (maintained
schools only). Consultation meetings will be held with the staff and their professional associations, who
represent the interests of their members.

Letters have been sent to invite staff and professional associations to attend the consultation meetings regarding
the proposed staff reductions. The consultation document will be circulated to all affected staff and professional
associations at the consultation meetings.




4. Decision


January 2012                                               21
  Having considered the aims of the proposal, the evidence collected and any impacts this has revealed
  together with the results of the consultations and relative merits of the different approaches, a decision can
  be made about the proposal and whether it proceeds as originally planned or whether adjustments need to be
  made.




5. Monitoring and Review


o When will you review this impact assessment? Who will be responsible?

The Governing Body/Directors of the Academy Trust of ……………………. School/Academy will regularly review this
impact assessment.


6. Publication of the results of the impact assessment

  Results of the impact assessment should be published and monitored with the results presented in an
  accessible way so that there is a public record of the process undertaken.




January 2012                                              22
                                                                                       Appendix D
Notification to the LA of Potential Reduction in School Staffing Numbers,
financial information and proposed timetable (Maintained schools only)


Requests for the funding of potential redundancy costs will be considered at the
Children Services Redundancy Review Meeting, chaired by Paddy Bradley. Requests
for funding will only be considered at these meeting.
Please ensure you attach all the requested information and follow the agreed
redundancy procedure. If this does not happen the LA cannot support any redundancies
and the school will incur any associated costs.


Name of School________________________________________________

Headteacher _________________________________________________

Chair of Governors _____________________________________________

Financial Year______________


Outline the Rationale for the Application
Please attach minutes of Governors Meetings recording budgetary concerns, staffing
audit, decision to consider redundancies, etc.




Steps Taken
Please give details of the steps taken so far to resolve the risk of potential redundancy.
This might include non-filling of posts, freeze on any incremental pay increases for a
fixed period, natural wastage, termination of temporary contracts, reduction in
overtime, reviewing the use contractors, energy budgets, curriculum budgets etc.




Recent appointments
January 2012                                     23
The LA will expect that, other than in exceptional circumstances, financial planning will
have been undertaken to enable schools to identify the need to reduce their cost base
and that opportunities to reduce staffing levels will have been taken. Please provide
details of all vacancies and appointments that have been made during the last
eighteen months in the table below;

 Date       Post                           Was       Was post               Resulting
 Post                                      post      restructured            annual
 Became                                    filled    Y/N - if Yes            saving
 Vacant                                     Y/N      give brief details        £




Redeployment Options
Please outline redeployment opportunities explored to other posts within the school or
other schools within the Borough. It is essential that we try to retain skills within
Swindon and it is beneficial to redeploy staff rather than make them redundant.




January 2012                                        24
Reason(s) for the Proposed Staffing Reduction

1. Financial Position
In order to assess whether the school can absorb redundancy costs without going into
a deficit position or experiencing significant reductions to financial sustainability the LA
will need to consider a range of historic and projected financial information. Where
schools have not responded to reductions in funding arising from pupil reductions or
other known factors which could have avoided redundancies the LA may provide a
loan facility as opposed to funding.
   a) Trends in year-end school balances
   Schools should provide information derived from their recent year end school
   balances surveys
    Financial year           Pupil        Closing       Closing        Total
                            Numbers       Revenue      Devolved       Closing
                                          Balance       Capital      balances
                                                       Balance
    2007/08                                   £            £             £
    2008/09                                   £            £             £
    2009/10                                   £            £             £
    2010/11                                   £            £             £
    2011/12 (estimate)                        £            £             £
   The 2011/12 estimate should be based on the latest information available.

   b) Current 3 year financial plan (revenue)
   Schools must provide their latest 3 year financial plan i.e. the current year plus the
   following two financial years assuming the staffing changes proposed in this
   request are not implemented. This forecast should reflect the projected position
   based on the best information available to schools which will be challenged by the
   LA Finance team. The position should be summarised in the table below;
                                          2011/12       2012/13      2013/14
                                             £             £            £
    Estimated pupils
    Opening revenue balances
    Total in year funding
    Total in year spending
    Closing revenue balances




January 2012                                      25
   c) Proposed staffing reductions
   Schools are asked to summarise the financial implications of the proposed staffing
   changes (i.e. the on-going salary savings including on-costs and redundancy costs)
   in the following table;
    Savings arising from post(s)        Wef        2011/12   2012/13   2013/14
    proposed to be deleted              date          £         £         £
    
    
    
    Total annual savings

    Redundancy costs
    
    
    
    Total redundancy costs

    Net financial impact

   d) Revised 3 year financial plan (revenue)
   The table below should summarise the financial impact of the proposed changes
   assuming that schools fund all redundancy costs and benefit from reduced on-
   going salary savings.
                                                   2011/12   2012/13   2013/14
                                                      £         £         £
    Opening revenue balances = b) above
    Total in year funding = b) above
    Total in year spending = b) above
    Closing revenue balances = b) above
    Net financial impact of proposed
    changes = c) above
    Revised projected closing balances

    Closing balances as % of in yr funding

Have you discussed the details with a member of the LA Finance Team?             Y/N
Name and date LA officer consulted …………………………………... Date ….……..
Does the school feel unable to absorb redundancy costs without LA support?       Y/N
If LA support is required is this in the form of
           Direct funding of redundancy costs by the LA?                     Y/N




January 2012                                        26
2. Numbers on Roll
Confirm your forecast pupil numbers; if the figures are different to the LA projected
figures please explain the reason for this.




Have you discussed the forecast pupil numbers with the school place planning or
admissions team?
Officer consulted …………………………………………Date ………………………

3. Curriculum Changes
Provide detailed evidence of pupil choices, the impact and reasons for the changes.




Have you discussed the potential redundancy with the HR Schools team and sought
advice on the process?

HR Officer consulted ……………………………………Date ………………………

 Check list of attachments to support the proposal                 Attached
                                                                   (please tick)
 Minutes of Governors Meetings recording budgetary concerns
 Staffing Audits
 Minutes of any decisions to consider redundancies
 Latest school balances survey
 Current 3 year financial plan



The LA is likely to request further details or arrange to visit your school if
incomplete or inaccurate information is submitted which could delay the
process.




January 2012                                     27
                                                                            Appendix D
School Redundancy 20…./…. Consultation Timescale

…………………….. School

Stage Action                                              Dates
3     Notification of potential redundancy to LA (John    January to
      Gilbert and HR) for approval and initial            March 2012
      consultation with unions

       Redundancy Review Group meeting to discuss         21st & 28th Feb
       possible redundancies                              and 15th March
5a &   Following agreement from the Group
5b     Director, Children Services

       Formal consultation meeting regarding potential    Meeting held
       redundancy. Information provided regarding         during March
       numbers of staff affected and processes to be
       used. Selection criteria shared. Applications
       sought for voluntary reduction of hours etc. and
       any applications considered

5b     If necessary, further consultation meeting with    Meeting held
       staff and unions to declare potential compulsory   during
       redundancy and confirm to staff the selection      March/April
       criteria. Potentially affected staff issued with
       skills form.

5b     Skills form to be returned to ……..                 By April

6      Staffing Panel meeting to consider selection       Meeting held on
       criteria and employee skills information for
       redundancy of staff.                               (to be
                                                          completed by 2
                                                          May 2012)

7      Inform selected individuals and invite them to
       attend meeting for representations.

7      Meeting to consider staff representations          Meeting held on
       regarding selection for redundancy – 5 days
       notice of meeting to be given                       (to be
                                                          completed by
                                                          11 May 2012)

8      Appeals against dismissal -10 days from            Appeal hearing
       representation meeting
                                                          (to be
                                                          completed by

January 2012                                   28
                                                     31 May 2012 if
                                                     possible)

8      Maintained schools must notify their HR       Notice letter
       providers by 29th May of redundant staff.     issued

       Notice to terminate by redundancy issued to   Teachers by 31
       selected staff. Assistance given to seek      May
       redeployment during notice period
                                                     Support staff -
                                                     up to12 weeks
                                                     notice subject
                                                     to service.
       End of Employment for redundant staff         31st August xxxx




January 2012                                   29
                                                                                        Appendix E
Redundancy Selection Criteria

Guidance notes for selection criteria and scoring

The following pages contain recommended example selection criteria for use in relation to
proposed redundancy procedures for Teachers, Teaching Assistants and Administration staff.

Following the staffing audit, the school Governors will agree the selection criteria that they
consider are most appropriate to allow the retention of vital skills and knowledge needed as
identified through the school improvement plan.

Please ensure that when completing the skills and qualification form that you include all relevant
skills and experience, as this information will be used to make the redundancy selection.

Each criterion has a scoring range of 0 – 3 and allocated as follows:

       0      no evidence of knowledge and/or skill
              current disciplinary/capability warnings on file
              eight or more separate instances of sickness absence in last 2 years

       1      little evidence of knowledge and/or skill
              six – seven separate instances of sickness absence in last 2 years

       2      evidence of satisfactory level of knowledge and/or skill
              four – five separate instances of sickness absence in last 2 years

       3      evidence of high level of knowledge and/or skill
              no current disciplinary/capability warning on file
              less than four separate instances of sickness absence in last 2 years

Weighting

Specific selection criteria may be weighted to allow for high priority skills/knowledge identified in
the school improvement plan to be scored appropriately. For example, literacy and numeracy has
been identified by the school as a high priority then the scores given to teachers having skills in
this area will be multiplied by the appropriate weighting factor.

Equality issues

   1. Disability and maternity related absences should be disregarded for the purposes of
      redundancy selection.

   2. In cases where performance management reviews have not taken place over the last two
      years due to maternity or disability reasons, it is possible to consider 2 reviews that have
      taken place over the last 5 years.




January 2012                                     30
                     EXAMPLE TEACHER REDUNDANCY SELECTION CRITERIA
Schools to amend the requirements as appropriate                Scores 0 – 3 ( 3 being the highest)
 Organisational and Managerial Requirements                                       Weighting
Senior Leadership/Management Team
Year Leader
Subject Co-ordinator
Cross Curricular Co-ordinator
Key Stage Co-ordinator
SEN Co-ordinator
Nursery Unit Leader
Early Years Liaison
Form Tutor
Department/Faculty Head
Head of Year
Other
Specialist Requirements                                                           Weighting
Teaching Expertise

Foundation
Reception
KS1
KS2
KS3
KS4
KS5
Designated Special Needs Teacher
Specific subjects taught
Training & Development

Completed/attended a short course or conference which related to a
curriculum subject in the last 2 years.
Completed a relevant degree or diploma (after entering the teaching
profession)
Relevant higher professional qualification
Attended a relevant extended course
Attended more than 1 extended courses
Inset undertaken which brought positive benefits to the school
Training & development undertaken not directly related to the school but
related to teaching
Specialist Relevant Skills

E.g. Maths or science Teacher
Music skills
 General Requirements                                                             Weighting
Evidence of teaching across the whole of the primary range
Evidence of teaching more than 1 subject
Evidence of teaching mixed age ranges
Evidence of wider contribution to school life
Evidence of satisfactory performance in last 2 reviews (in last 5 years in
cases of maternity or disability absence)
Attendance – number of separate absences in last 2 years
Disciplinary – current warnings
Capability – formal procedures in last 2 years
January 2012                                         31
 EXAMPLE SUPPORT STAFF (ADMINISTRATION) - REDUNDANCY SELECTION CRITERIA
Schools to amend the requirements as appropriate         Scores 0 – 3
                                                        3 being the highest
Core & Specialist Requirements                                            Weighting
Professional Qualification in Finance

Certificate or Diploma in School Business Management

Managerial Experience

Leadership Skills

Formal qualification in Computer literacy

Formal qualification in computer network management

Supporting change management programmes

Up to date knowledge of Health and Safety Legislation

Computer literate in Word

Computer literate in Excel

Computer literate in Email

Computer literate in SIMS

Computer literate in Access

Computer literate in using the internet

Familiar with accounting software

Awareness of employment law and Human Resource issues




January 2012                                       32
    EXAMPLE SUPPORT STAFF (TEACHING ASSISTANT) - REDUNDANCY SELECTION
                                CRITERIA
Schools to amend the requirements as appropriate              Scores 0 – 3
                                                              3 being the highest
Core & Specialist Requirements                                                  Weighting
Higher Level Teaching Status

Expertise in lesson planning

Expertise in motivating children

Ability to control pupils with challenging behaviour

Knowledge of the early years curriculum or national curriculum and the age-
related expectations of pupils

Knowledge of how to use ICT to advance pupils learning

Ability to work with children with differing levels of SEN

Excellent interpersonal skills

Evidence of working across the whole of the primary age range

Evidence of working across mixed age ranges

Evidence of teaching more than 1 subject

Evidence of working with groups of pupils

Evidence of actively promoting social inclusion

Evidence of supporting teachers in the evaluation of pupils learning

Undertaken PPA cover




January 2012                                           33
                               Skills Audit - Teacher Skills and Qualification Form
(Example criteria - school to amend as necessary)
                          Please give details and examples with an indication of when you
                          undertook this work/post.
 Core Organisational and Managerial Requirements
Senior Leadership
/Management Team

Year Leader


Subject Co-ordinator


Key Stage Co-ordinator


SEN Co-ordinator


Nursery Unit Leader


Early Years Liaison


Form Tutor


Department /Faculty Head


Head of Year


Other


Specialist Requirements
Foundation

Reception

KS1

KS2

KS3

KS4
January 2012                                           34
KS5


Designated Special
Needs Teacher
Specific subjects taught




Training & Development

Provide details of any relevant training undertaken within the last 3 years. Include short courses,
extended course, degree diploma’s, in-house courses, inset training




Specialist Relevant Skills

Provide details of any specific relevant skills




 General Requirements
Describe any experience you have in relation to the general requirements identified. (school to list
them in this section)




Please ensure that when completing this form that you include all relevant skills and experience,
as this information will be used to make the redundancy selection.

Please return this form to:



January 2012                                         35
          Skills Audit - Support Staff (Administration) Skills and Qualification Form


(Example criteria - school to amend as necessary)
                                           Please give details and examples with an indication of
                                           when you undertook this work/post.
Core & Specialist Requirements
Professional Qualification in Finance

Certificate or Diploma in School
Business Management

Managerial skills

Leadership skills

Formal qualification in computer literacy

Formal qualification in computer network
management

Supporting change management
programmes

Up to date knowledge of Health and
Safety Legislation

Computer literate in Word

Computer literate in Excel

Computer literate in Email

Computer literate in SIMS

Computer literate in Access

Computer literate in using the internet

Familiar with accounting software

Awareness of employment law and
Human Resource issues


Please ensure that when completing this form that you include all relevant skills and experience,
as this information will be used to make the redundancy selection.




January 2012                                       36
                  Skills Audit - Teaching Assistant Skills and Qualification Form

(Example criteria - school to amend as necessary)
                                            Please give details and examples with an indication of
                                            when you undertook this work/post.
Core & Specialist Requirements
Higher Level Teaching Status

Expertise in lesson planning

Expertise in motivating children

Ability to control pupils with challenging
behaviour

knowledge of the early years curriculum or
national curriculum and the age-related
expectations of pupils

knowledge of how to use ICT to advance
pupils learning

Ability to work with children with differing
levels of SEN

Excellent interpersonal skills

Evidence of working across the whole of
the primary age range

Evidence of working across mixed age
ranges

Evidence of teaching more than 1 subject

Evidence of working with groups of pupils

Evidence of actively promoting social
inclusion

Evidence of supporting teachers in the
evaluation of pupils learning

Undertaken PPA cover


Please ensure that when completing this form that you include all relevant skills and experience,
as this information will be used to make the redundancy selection.




January 2012                                       37
Example Redundancy Selection Matrix

No      Organisational                        Specialist                        Training             Attendance              Conduct           C
        and managerial                        requirement




                                  Score




                                                                   Score




                                                                                                                                       Score
        Skills required                       s and skills




                                                                                             Score




                                                                                                                     Score
        by the school

1       Qualified                3            Literacy and        3          Relevant        3       Little or no    3       No        3       N
        teacher.                              Numeracy                       higher level            absence (1              issues
        Curriculum co-                        specialist                     qualification           day in last 2
        ordinator with                                                                               years)
        TLR
2       Qualified                3            Special             3             Attended     2       5 separate      2       Final     0       N
        teacher.                              needs                             short                instances in            Written
        Outreach role                         teacher                           course in            last 2 years            warning
        with feeder early                                                       curriculum                                   on file
        years setting
3       Newly Qualified          1            Foundation          2          Inset           2       No absence      3       No        3       N
        teacher                               and key                        undertaken              in last 2               issues
                                              stage 1                        which has               years
                                              initial                        positive
                                              teacher                        benefits for
                                              training                       the school
Each criteria has a scoring range of 0 – 3 and allocated as follows:

0    no evidence of knowledge and/or skill
     current disciplinary/capability warnings on file
     eight or more separate instances of sickness absence in last 2 years

1    little evidence of knowledge and/or skill
     six – seven separate instances of sickness absence in last 2 years

2    evidence of satisfactory level of knowledge and/or skill
     four – six separate instances of sickness absence in last 2 years

3     evidence of high level of knowledge and/or skill
      no current disciplinary/capability warning on file
     less than four separate instances of sickness absence in last 2 years


Outcome - In this instance, teacher number 2 is selected for redundancy.




January 2012                                                               39
                                                                                      Appendix F
Template letter notifying the Trade Unions of potential staff reductions
To: All Unions

Dear Colleague
………………..School

I am writing to inform you of potential reductions in staffing at …………….. School. The school
will be following the Swindon Borough Council Redundancy procedure.

Reasons for the Proposals
Attach any relevant budgetary/NOR info, Report to Governors etc.

Number and job categories of proposed redundancies
It is anticipated that ……….. (teaching/support/admin etc) staff will be affected.

Total Numbers of staff working at the school
….Teaching staff and ………. Support staff

Selection criteria to be used (see attached)
The Governing Body proposes to use the following selection criteria for selecting staff. The
details are attached.

Timescale for Implementation

Audit of staffing: ……………………………………………………………..

First staff consultation meeting ……………………………………… (minimum of 5 days notice)

Second staff consultation meeting ………………………………..

Formal consultation meetings with staff/Trade Unions …………………..

Governors selection panel: …………………………………………………

Staff member representation meeting …………………………………….

Appeal Meeting ……………………………………………………………..

Date of Redundancy ………………………………………………………..

It is hoped that a voluntary solution can be achieved and it will not be necessary to implement the
changes by compulsory means.




January 2012                                    40
Please contact me if you are attending this meeting or if you have any further queries regarding
this matter. Alternatively please contact ……………………., Headteacher on telephone number
01793 ………
Yours sincerely

Chair of Governors




January 2012                                   41
                                                                                     Appendix G

Template letter inviting employees to the formal consultation meetings




Dear

Formal Consultation Meeting

I am writing to invite you to a formal consultation meeting on ………… at …….. in …………...
(Minimum of 5 days notice required) The purpose of the meeting is to discuss the future
requirements for your role/your team …… following …….

A second consultation meeting has been arranged for ………….

At the meeting you may be accompanied by a single companion, who can either be a trade union
official, or a fellow employee, and in this respect it is your responsibility to contact the Trade
Union to arrange this. Please let us know in advance the name of your chosen representative. I
have informed the trade union representatives of the consultation meetings.

………… from the Schools HR Team will also be attending the meeting.

In the meantime, if you have any questions please let me know.


Yours sincerely

Headteacher




January 2012                                   42
                                                                                      Appendix H
Draft letter for those selected for redundancy


Dear

Re: Selection for Redundancy


I am writing to confirm the decision of the Redundancy Selection Panel at the selection meeting
held on ……. (please allow ten days notice of meeting)After applying the agreed redundancy
selection criteria to all staff in the redundancy pool, I regret to inform you that you have been
selected for redundancy to take effect from ……….

Before the governors move the process forward, you do have the right to make representations
to the Redundancy Selection Panel. If the decision is upheld, then you will have the right of
appeal to a separate appeals panel.

A representation meeting has been arranged for ………. If you chose to make representations,
you have the right to be accompanied by a colleague or trade union representative. At this
meeting your views will be considered and then a decision made regarding your selection for
redundancy.

If you wish for this meeting to proceed, please could you inform me in writing by completing the
slip below by ……... In the meantime, if you need any clarification then please do not hesitate to
contact me.

Yours sincerely


Headteacher



*I do/do not wish to make representations to the Redundancy Selection Panel on (date).

Signed……………………………………………. Dated………………………………..


*Please delete as appropriate



copy to       Trade Union Representative




January 2012                                    43
                                                                                      Appendix I

Template letter inviting employees to Representation Meeting



Dear

Representation Meeting

I am writing to invite you to Representation Meeting on ………… at …….. in …………... (please
give a minimum of 5 days notice)

Attached is a copy of the notes taken at the redundancy selection meeting detailing the reasons
for your selection.

At the meeting you may be accompanied by a single companion, who can either be a trade union
official, or a fellow employee, and in this respect it is your responsibility to contact the Trade
Union to arrange this. Please let us know in advance the name of your chosen representative.

………… from the Schools HR Team will also be attending the meeting.

In the meantime, if you have any questions please let me know.


Yours sincerely



Headteacher


Enc.




January 2012                                   44
                                                                                         Appendix J
Template letter to be sent to employees following Representation Meeting


Dear

I am writing to confirm that following the Representation Meeting held on ………….., the
Selection Panel met on ………….. to consider your comments made. You were accompanied
by ……….. from …… union or You chose not be represented at this meeting.

The panel has given careful consideration to your comments …………….

 ……….. this has/has not not affected the final outcome and you have remained selected for
redundancy. You do have the right of appeal against this decision.

At the Representation Meeting, you raised …….

OR

Thank you for your presentation to the Redundancy Selection Panel outlining to us your
objections/comments to the proposed ……….. team redundancies and for your professionalism
in the way you presented your case.

The decision to remove your ………. post was one that is a reflection of having to make very
difficult decisions regarding finance. We would like to stress that the decision is not related in
any way to any issues in terms of leadership and management of …………. We are also aware
of your undoubted hard work and commitment to supporting the needs of our young people and
we are deeply grateful to you for this.

However although we have listened to your concerns carefully and challenged the school on the
robustness of the decision we feel that in the light of our very difficult funding position we have no
alternative but to make your position redundant.

This I know will be a deep disappointment to you and I would like to take this opportunity to
remind you that there is still the opportunity to appeal this decision in front of the Appeal Panel.

We will also ask the school to ensure that whatever support you need in terms of vacancies and
redeployment is put in place.


Once again thank you for your professionalism throughout this very difficult process.

The Local Authority will be writing to you shortly to give you formal notice that your current
contract of employment will terminate on ……… by reason of redundancy.
I understand that you have received a statement of estimated redundancy benefits due to you.
This estimate is based on current details concerning pay and service. This will be subject to
confirmation and benefits will be paid when you leave employment.


January 2012                                      45
The Governing Body regrets the need to cease your employment with the school in this way and
wishes to express its sincere appreciation of your service with the school and to assure you of its
wish to support, wherever possible, initiatives to resolve satisfactorily your position. HR will
continue to meet with you to discuss alternative employment either in the school or elsewhere in
the Council. You are entitled during your period of notice to reasonable time off from work with
pay to look for other employment or to arrange for training for future employment. You must
obtain prior approval before taking time off under these circumstances.

You should also be aware that if you accept an offer of employment with an employer to whom
the redundancy Payments Modification Order applies you may lose your entitlement of
redundancy payments. If you are in any doubt as to whether these provisions apply you should
seek advice from the schools Human Resources team.

You have the right of appeal against this decision, which should be made to the Chair of
Governors at …………… School within 10 working days of receipt of this letter. Please sign and
return the second copy of this letter to indicate if you wish to appeal against the Governors
decision.

Yours sincerely


Chair of the Redundancy Selection Panel

Enc




I confirm that I have received your letter of (date) of which this is a true copy.

I do/do not wish to appeal against the Redundancy Selection Panel’s decision


Signed ……………………………….. Dated…………………………….




Cc     Union




January 2012                                      46
                                                                                  Appendix K

Template letter – Invite to Appeal Hearing




Dear

In response to your letter of ……………..(date) stating that you wish to appeal against the
decision of the Redundancy Selection Panel, I write to notify you that an appeal hearing has
been arranged at……………(time) on……………….(date) at…………………….……(place).
(please give a minimum of 5 days notice)

Please note that the decision of the Appeals Committee is final and that the outcome of the
appeal could result in upholding or overturning the decision.

You may be accompanied by a trade union representative or a work colleague.

I enclose a list and copies of the documents to be presented to the Committee, which includes all
relevant documents considered at the disciplinary hearing and any new documents to be
presented by the Head Teacher to the Appeal Committee. If you have any new documents to be
presented, please let me have these at least 5 working days before the hearing.

The names of the Governors serving the committee are
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
…………….(names) …………., Schools HR Officer will also be attending.

Please confirm that you will attend.

Yours sincerely


Clerk to the Governing Body

Cc Snr HR Adviser (Schools)
   Trade union representative




January 2012                                   47
                                                                                  Appendix L

Template letter – Outcome of Appeal Hearing


Dear………

Outcome of Redundancy Appeal Hearing

Following the appeal hearing held by the Governing Body on……..(date) and on the evidence
presented to the panel, the decision was that the original decision of the Redundancy Selection
Panel was upheld/overturned and …………

The reasons for reaching this decision are as follows:
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………
………………………………………………………………………………………………………

The decision of the Appeal Committee is final.


Yours sincerely,


Chair of the Appeal Committee



Cc Trade union representative
   Snr HR Adviser (School)




January 2012                                     48
                                                                        Appendix M
Compensation under the Employment Rights Act 1996 as updated by the Employment
Equality (Age) Regulations 2006.

Expressed in Number of Weeks pay.
                                                      Service (Years)
        2    3     4     5    6     7     8      9     10    11     12    13    14     15    16    17     18    19    20
 Age
  18    1
  19    1 1½
  20    1 1½       2
  21    1 1½       2    2½
  22    1 1½       2    2½    3
  23   1½ 2       2½     3   3½     4
  24    2 2½       3    3½    4    4½     5
  25    2  3      3½     4   4½     5    5½      6
  26    2  3       4    4½    5    5½     6     6½     7
  27    2  3       4     5   5½     6    6½      7    7½     8
  28    2  3       4     5    6    6½     7     7½     8    8½     9
  29    2  3       4     5    6     7    7½      8    8½     9    9½       10
  30    2  3       4     5    6     7     8     8½     9    9½     10     10½    11
  31    2  3       4     5    6     7     8      9    9½     10   10½      11   11½     12
  32    2  3       4     5    6     7     8      9     10   10½    11     11½    12    12½    13
  33    2  3       4     5    6     7     8      9     10    11   11½      12   12½     13   13½    14
  34    2  3       4     5    6     7     8      9     10    11    12     12½    13    13½    14   14½    15
  35    2  3       4     5    6     7     8      9     10    11    12      13   13½     14   14½    15   15½    16
  36    2  3       4     5    6     7     8      9     10    11    12      13    14    14½    15   15½    16   16½    17
  37    2  3       4     5    6     7     8      9     10    11    12      13    14     15   15½    16   16½    17   17½
  38    2  3       4     5    6     7     8      9     10    11    12      13    14     15    16   16½    17   17½    18
  39    2  3       4     5    6     7     8      9     10    11    12      13    14     15    16    17   17½    18   18½
  40    2  3       4     5    6     7     8      9     10    11    12      13    14     15    16    17    18   18½    19
  41    2  3       4     5    6     7     8      9     10    11    12      13    14     15    16    17    18    19   19½
  42   2½ 3½      4½    5½   6½    7½    8½     9½    10½   11½   12½     13½   14½    15½   16½   17½   18½   19½   20½
  43    3  4       5     6    7     8     9      10    11    12    13      14    15     16    17    18    19    20    21
  44    3 4½      5½    6½   7½    8½    9½     10½   11½   12½   13½     14½   15½    16½   17½   18½   19½   20½   21½
  45    3 4½       6     7    8     9     10     11    12    13    14      15    16     17    18    19    20    21    22
  46    3 4½       6    7½   8½    9½    10½    11½   12½   13½   14½     15½   16½    17½   18½   19½   20½   21½   22½
  47    3 4½       6   7½     9     10    11     12    13    14    15      16    17     18    19    20    21    22    23
  48    3 4½       6   7½     9    10½   11½    12½   13½   14½   15½     16½   17½    18½   19½   20½   21½   22½   23½
  49    3 4½       6   7½     9   10½     12     13    14    15    16      17    18     19    20    21    22    23    24
  50    3 4½       6   7½     9   10½     12    13½   14½   15½   16½     17½   18½    19½   20½   21½   22½   23½   24½
  51    3 4½       6   7½     9   10½     12   13½     15    16    17      18    19     20    21    22    23    24    25
  52    3 4½       6   7½     9   10½     12   13½     15   16½   17½     18½   19½    20½   21½   22½   23½   24½   25½
  53    3 4½       6   7½     9   10½     12   13½     15   16½    18      19    20     21    22    23    24    25    26
  54    3 4½       6   7½     9   10½     12   13½     15   16½    18     19½   20½    21½   22½   23½   24½   25½   26½
  55    3 4½       6   7½     9   10½     12   13½     15   16½    18    19½     21     22    23    24    25    26    27
  56    3 4½       6   7½     9   10½     12   13½     15   16½    18    19½     21    22½   23½   24½   25½   26½   27½
  57    3 4½       6   7½     9   10½     12   13½     15   16½    18    19½     21   22½     24    25    26    27    28
  58    3 4½       6   7½     9   10½     12   13½     15   16½    18    19½     21   22½     24   25½   26½   27½   28½
  59    3 4½       6   7½     9   10½     12   13½     15   16½    18    19½     21   22½     24   25½    27    28    29
  60    3 4½       6   7½     9   10½     12   13½     15   16½    18    19½     21   22½     24   25½    27   28½   29½
61*[2] 3 4½        6   7½     9   10½     12   13½     15   16½    18    19½     21   22½     24   25½    27   28½    30

18* [1] - It is possible that an individual could start to build up continuous service before age 16, but this is likely to
be rare.
61* [2] – The same figures should be used when calculating the redundancy payment for a person aged 61 and
above.
Taken from www.Direct.gov.uk

January 2012                                                49

								
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