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January Letter To Heads

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					                                           Organisation and Management

                                          Audience      Head Teachers and Governors of Primary,
                                                        Secondary and Special Schools
                                          Circulation   Recognised Trade Unions
                                          List
                                          Type          Action
                                          Description   Notification to head teachers and governors
                                                        regarding the procedure for reductions in
                                                        staffing
                                          Cross Ref     Wired / HR Guidance (Schools) Community:
                                                        Reductions in Staffing
                                          Action        Make contact with Schools HR Team before
                                          Required      commencing procedure.
                                          Timing        January 2009

Schools HR Team                           Contact       Alison Smith, CYPS Schools HR Team

                                          For schools' use:




MANAGING STAFFING REDUCTIONS IN SCHOOLS – 2009/2010

I hope you had a good Christmas break and had a chance over the festive period to
recharge your batteries for the Spring Term. When we wrote to you in late
December, we highlighted the need to start preparation early this term for carrying
out staffing reductions during this term. (Please refer to our previous letter of
December 2008. A copy of which can be found on Wired / HR Guidance (schools)
Community / Reductions in Staffing / Reductions 09/10 letter)

I anticipate that Finance will provide you with additional information regarding your
budget by 20th February 2009 and the timetable is set around this date. However,
you may already be aware of the need to make staffing reductions prior to this being
provided.

Timetable

The staffing reduction process is very complex with a number of legal requirements
to fulfil such as consultation, selection and statutory timetables for notice. It is
further complicated for teachers due to the resignation dates. In order to support
you we have mapped out in Appendix A proposed dates in order to achieve a
staffing reduction by 31st August 2009.

You will note from the indicative timeline that the Finance and General Purpose
Committee needs to have met before Thursday 26th February 2009 to achieve the
deadlines outlined in the attached document. Schools should note that a delay at
this point could lead to failure to meet the statutory notice requirements and
therefore extend the procedure beyond 31st August 2009. The next termination
date for teaching staff will be 31st December 2009. This could lead to the
school incurring additional costs.

The timetable for support staff in schools can be more flexible as the period of notice
of termination of employment will depend upon the employee’s length of service.




                                                                                              1
However, you should discuss individual cases in more detail with the contact person
for your area.

Support from HR

The reductions in staffing for school staff procedure has been re-drafted in
consultation with the recognised trade unions and the new version will be available
on Wired / HR Guidance (schools) Community / Reductions in Staffing. Schools
intending to make a staffing reduction should make immediate contact with their
designated officer in the schools HR Team in January to discuss your situation and
to arrange to receive more detailed guidance and a bound copy of the procedure.

January Drop-In Sessions for Schools

Schools have started to book places on the sessions arranged in January to support
head teachers to manage the reductions process. There will be an opportunity at the
sessions to have a one to one meeting with your Schools HR Officer. You may find it
helpful to bring a blank copy of the Appendix 2 Notification found in the current
Reductions in Staffing section on Wired, to complete during this session, a copy of
your existing staffing structure, details of any fixed term contracts including the
length and reason for the contract. If you are anticipating that the redundancy is
likely to be compulsory through a selection process, you are also encouraged to
bring along a draft of your schools priorities document and skills audit. It is essential
that you have familiarised yourself with the revised procedure.

The details of the sessions are as follows:

20th and 27thJanuary 2009 Notts County Cricket
                          Ground

23rd and 29th January         Linby Scout Hut               All sessions to run from
2009                                                        9am to 4pm - slots will be
                                                            allocated on a 1 or 2 hour
26th and 27th January         Boughton Pumping              basis
2009                          Station


2nd February 2009             Retford Oaks High School

Places are limited so you are advised to book a sessions as soon as possible. Each
session can be booked for either one or two hours depending on the complexity of
your individual situation, by contacting the Human Resources Assistants below.

Bassetlaw & Newark schools - Nina Cartledge on telephone number: (0115) 977
2385.

Ashfield, Rushcliffe & Broxtowe schools – Lucy Steel on telephone number (0115)
977 4625

Gedling & Mansfield schools – Caroline Lea on telephone number (0115) 977 2874




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The process is complex and I have attached a sheet on Other Things to Consider
Appendix D. You should read this in conjunction with the advice offered by the HR
Team. It highlights some key considerations that occur during this process and the
guidance previously given by us.

I have also attached a copy of the contact points in HR and Finance for your
reference in Appendix B & C, I know that Spring can lead to very tight deadline due
to the Easter break and Head Teachers and Governors are involved in making some
very difficult and sensitive decisions. If you have any concerns or queries in relation
to staffing reductions please contact your Schools HR Officer.




                                                                                      3
Appendix A

STAFF REDUCTIONS TIMETABLE – 31st August 2009
Please note that there are recommended dates for your school to meet the reduction
      st
for 31 August. You are strongly advised to discuss and agree individualised date for
your school with your Schools HR Officer.

Guide                     to Latest Possible Date                    Proposed dates for
Timelines                                                            * School
F&GP meet by                    Thursday 26th February 2009
                                            th
Issue appendix 2 by             Friday 27 February 2009
                                            nd                  th
10     Working           Days   Monday 2 March to Friday 13
Consultation                    March 2009
                                                 th
Completion of skills audit      Monday 16 March to Friday
                                  th
by pool of staff affected       20 March 2009
                                                 th
Identify individual by          Tuesday 24 March 2009

                                                 th
Notification to individual by   Tuesday 24 March 2009

                                                                th
Easter Holidays                 Monday 6th April to Friday 17
                                April 2009
                                                      th
Send out invite letter and      Wednesday 25       March        to
                                          st
documentation for hearing.      Tuesday 21 April 2009
Letter also gives appeal
date.
                                                      nd
Selection hearing (do not       Wednesday 22         April      to
                                           th
use members of F&GP for         Thursday 30 April 2009
hearing panel)

Notification of outcome in      Day of the hearing
writing giving right of
appeal & confirming appeal
date
                                                           st
End of appeal period (10        Commencing Friday 1 May
working days) and notice        May (ie 10 working days after
of appeal hearing given in      the date of the outcome letter)
writing (10 working days)

These two periods can
be run concurrently if
timescales are restricted

Appeal      Hearing     held    Week commencing            Monday
                                  th
(different set of governors)    18 May 2009
                                       rd
Outcome of Appeal in            Fri 23 May 2009
writing and Notify LA to
Terminate Contract by
                                  st
LA must give written            31 May 2009
Notice of Termination by
Business Case to Pay            Support given by Head Teacher
Board                           June / July 2009
Redeployment                    Support     for    redeployment
                                                st
                                continues to 31 August 2009



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Appendix B

If you are intending to make a staffing reduction or are seeking advice or
support on the process, then please contact the appropriate person below:


AREA         SCHOOLS HR TEAM                         TELEPHONE / MOBILE


Ashfield     Jessica Hannan                          (0115) 97 72551 /
             (jessica.hannan@nottscc.gov.uk)
             Bill Iliffe                             (0115) 97 72588
             (william.iliffe@nottscc.gov.uk)


Bassetlaw    Vicky Berry                             (0115) 97 74039 / 07793666728
             (vicky.berry@nottscc.gov.uk)


Broxtowe     Alison Smith                            (0115) 97 74174 / 07983642854
             (alison.smith1@nottscc.gov.uk)
             Emily Bowerbamk                         (0115) 97 73370
             (emily.bowerbank@nottscc.gov.uk)

Gedling      Steve Thornley                          (0115) 97 73762
             (steve.thornley@nottscc.gov.uk)

Mansfield    Chris Fields                            (0115) 97 73529 / 07983641810
             (chris.fields@nottscc.gov.uk)
             Mary Swan                               (0115) 97 73321
             (mary.swan@nottscc.gov.uk)

Newark       Tony Brown                              (0115) 97 73324 / 07983641740
             (tony.brown@nottscc.gov.uk)
             Barbara Winter                          (0115) 97 73275
             (barbara.winter@notscc.gov.uk)

Rushcliffe   Alison Smith                            (0115) 97 74174 / 07983642854
             (alison.smith1@nottscc.gov.uk)
             Emily Bowerbamk                         (0115) 97 73370
             (emily.bowerbank@nottscc.gov.uk)

FAX NUMBER: (0115 9773996)




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Appendix C



AREA           SCHOOLS FINANCE GROUP               TELEPHONE


Bassetlaw      Sarah Coupe                         (0115) 97 74317
               (sarah.coupe@nottscc.gov.uk)


Gedling        Vickie Lievesley                    (0115) 97 72396
               (Vickie.lievesley@nottscc.gov.uk)


Mansfield,     Aaron Connor                        (0115) 97 74319
Newark and     (aaron.connor@nottscc.gov.uk)
Rushcliffe

Ashfield and   Elaine Armstrong                  (0115) 97 72982
Broxtowe       (elaine.armstrong@nottscc.gov.uk)




                                                                     6
Appendix D

Staffing Reductions 2009/10 – other things to consider

Redundancy

We would like to take this opportunity to remind you that the conditions
leading to the Authority supporting redundancy are as follows:

      that a genuine redundancy situation exists resulting in a reduction in
       the staffing establishment of the school;

      that the staffing establishment of the school will not be increased within
       the next two years;

      where the individual selected is over 50 and premature retirements
       benefits have been awarded the school must confirm that they do not
       intend to re-employ the individual and that the post will not be filled for
       a period of two years.

Should it become evident that a genuine reduction does not exist, for example
where a post is reinstated before the two years have elapsed, or where the
member of staff is re-employed at the same school, any cost of redundancy
may be charged to the school budget.

Head Teachers will be aware that the County Council has revised its policy
with regard to the payment of enhancement of service in redundancy cases
for staff aged over 50, and on the calculation of compensation payments for
staff under 50. Specific details will be given to individual(s) at the appropriate
stage of the procedure.

Redeployment

The school and the Authority have a legal responsibility to avoid and/or
seek alternatives to redundancy wherever possible. Where a
redundancy is unavoidable therefore every effort will be made to seek to
redeploy any employee whose post has been identified as being
redundant whether this is compulsory or voluntary.

To avoid the need to make employees redundant the Authority will expect the
identified individuals to actively engage in the redeployment process. This
process will commence as soon as the individual(s) volunteer or in the case of
a compulsory redundancy as soon as the selection hearing is completed or
prior to this if the individual(s) selected request support at an earlier stage.
Redeployment will be co-ordinated by colleagues in the Schools HR Team
and head teachers will be expected to use their local knowledge regarding
possible alternative work. Individuals will be expected to fully engage with the
redeployment process and deliberate failure not to do so will have an impact
on the discretionary elements of their redundancy and or pensions benefits
that may be payable.




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Fixed Term Contracts

There are legitimate reasons for using fixed term contracts as agreed with the
recognised trade unions and appointments made in line with these reasons
are simple to end using the agreed staffing reductions procedures. An
Appendix 2 Notification must be issued at the same time as the fixed term
contract. The exception to this is where fixed term contracts have been
misused or repeatedly extended. Legislation affecting the rights of those
employed on fixed term contracts makes it very important to ensure that these
staff are not treated less favourably than permanent employees. Therefore if
you have appointed staff on fixed term contracts you are advised to
familiarise yourself with the Fixed Term Contracts for School Staff
section of the HR Guidance (Schools) Community on Wired and check
the reason and length of any fixed term contracts in your school. If you
have concerns about fixed term contracts in your school please seek
advice from your Schools HR Officer before entering into the staffing
reductions process.

The same timescale and procedure detailed in appendix A apply to staff
employed on fixed term contracts, for one or more years, where the non-
renewal of a fixed term contract leads to a reduction in staff. It will not
normally apply in situations where the reason for a non-renewal is the return
from maternity leave or secondment or where the post-holder has temporarily
covered a vacancy which has now been filled on a permanent basis however,
whilst such staff are not redundant they do still have the right not to be
unfairly dismissed if they have a years’ service. Such employees have a right
to a governors’ hearing and appropriate notice of the termination of their
contract. Discussions should be held with the individual concerned.

Where schools have employed staff using temporary funding it will be the
responsibility of individual schools to manage the process if there is a
redundancy situation, as a result of the non renewal of the contract, or as a
result of the work ceasing during the period of the fixed term e.g. due to the
child(ren) leaving the area or changing schools. As in previous years Head
Teachers are requested to work collaboratively with their SENCO/family
SENCO’s to secure continued employment for temporary funded staff at other
schools/other family of schools, if work diminishes or ceases in the current
school. Early action will hopefully avoid the need for schools to follow the
reductions procedure where alternative employment is secured.




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