Redundancy Policy201111425316 by hjkuiw354

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									           St Andrews Major
         C/W Primary School




 Redundancy Policy
                           ‘Learning together and having fun;
                             there’s room here for everyone.’




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                                   SCHOOLS REDUNDANCY POLICY

1.       PURPOSE

All school Governing Bodies have delegated responsibility under School Standards and
Framework Act 1998, Educations Act 2002 and Staffing of Maintained Schools (Wales)
Regulations 2006 for the budget and therefore the staffing complement of the school.

2.       SCOPE

The policy applies to all staff that are directly employed by the Governing Body of the school
and will cover Teaching and Support staff.

3.       POLICY STATEMENT

The Vale of Glamorgan Council and Governing Body are committed to the creation of as
secure an employment environment as possible, and recognises the benefits of good
employment practice in achieving effective organisational performance. The Local Authority
and trade union representatives have compiled this policy document. The policy provides
agreed procedures for Head teachers and Governing Bodies to follow when a potential
redundancy situation arises. It is vital that agreed procedures are followed and adhered to in
order to avoid claims of unfair treatment. The advice provided within the policy will protect
Governing Bodies from challenges under employment legislation.

The Governing Body will seek, by forward planning and consultation with Trade Unions to
ensure as far as possible the security of employment for its employees.

However, it is recognised that there may be many changes beyond the control of the
Governing Body that may affect staffing requirements. In these circumstances the Governing
Body, in consultation with Trade Unions, will seek to minimise the effect of redundancies by
seeking alternative measures to avoid compulsory redundancies. Where compulsory
redundancy is inevitable, the Governing Body will handle the redundancy in the most fair,
consistent and sympathetic manner possible and minimise as far as possible any hardship
that may be suffered by the employees concerned.

This policy has been written taking into account the requirements of the Trade Union and
Labour Relations (Consolidation) Act 1992, the Sex Discrimination Act, The Race Relations
Act, Equal Pay Act, Employee Relations Act, Fixed Term Workers Regulations, Part Time
Workers Regulations, Statutory Dismissals and Disputes Procedures, the Disability
Discrimination Act and Age Discrimination Act.

4.       RESPONSIBILITIES

The Governing Body are responsible for the running of the school. The Finance Committee
acting on its behalf will be responsible for identifying any financial difficulties in liaison with
the Local Authority. The Finance Committee will invite Trade Unions to discuss the situation
and seek to resolve by measures outlined in this policy before embarking on a compulsory
redundancy programme.

The Governing Body must ensure that Trade Unions/staff representatives are consulted
throughout the process.

In the event that compulsory redundancies cannot be avoided, the Head teacher is
responsible for complete a staffing matrix.



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The Staff Dismissals Committee are responsible for selecting the person/people for
redundancy. The Committee must include not less than 3 Governors.

The Staff Dismissal Appeals committee are responsible for appeals against redundancy. The
Appeals Committee must include no fewer members than the Dismissals Committee and
must not include any members of the Dismissals Committee.

The Local Authority is responsible for confirming the redundancy in community, voluntary
controlled community special and maintained nursery schools.

In normal circumstances, the Local Authority is responsible for the costs of redundancy
unless Local Authority advice is not followed. In this case the Governing Body is responsible.
In addition, the school will meet any compensation for unfair dismissal claims if they act
outside of Local Authority advice.

The Governing Body are responsible for costs of early retirements unless agreed with the
Local Authority.

5.       PRINCIPLES

Under the Employment Rights Act 1996, redundancy arises when employees are dismissed
because:

•    The employer has ceased, or intends to cease, to carry on the business for the purposes
     of which the employee was so employed; or
•    The employer has ceased, or intends to cease, to carry on the business in the place
     where the employee was so employed; or
•    The requirements of the business for employees to carry out work of a particular kind has
     cased or diminished or are expected to cease or diminish; or
•    The requirements of the business for the employees to carry out work of a particular
     kind, in the place where they were so employed, has ceased or diminished or are
     expected to cease or diminish.

A dismissal will be considered unfair if the circumstances of the dismissal applied equally to
one or more other employees in the same undertaking who hold similar positions to the
employee, and they have not been dismissed. All redundancies will be selected based on
agreed criteria and following full consultation.

6.       CONSULTATION

The Governing Body is committed to keeping staff, local trade union/employee
representatives informed as fully as possible about staffing requirements and any need for
redundancies.

The consultation process will be in line with those shown at Appendix 1.

Trade Unions/representatives will be provided with relevant financial information related to
the school financial situation in the event that there is a potential redundancy situation and
they will be invited to put forward proposals to avoid compulsory redundancies. They will be
provided with the following information:

•    Reasons for the proposals
•    The numbers and descriptions of the employees who might be affected
•    The total number of employees of each description employed by the employer at the



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     school
•    The proposed method of selection
•    The proposed method of carrying out the dismissals with due regard to agreed procedure
     including the period over which the dismissals are to take effect

Trade Unions representatives will be allowed to represent individuals selected for
redundancies.

7.       MEASURES TO AVOID/MINIMISE COMPULSORY REDUNDANCIES

The Governing Body should give consideration to alternatives to compulsory redundancy
by:-
• Economies in the budget
• Natural wastage
• Restricting recruitment of permanent employees
• Termination of temporary contracts of employees with less than 1 year’s service subject
    to curriculum needs.
• Internal redeployment within the school
• Applications for part time working
• Seeking any voluntary redundancies
• Voluntary early retirements from teachers aged 55-59 with actuarial reduction
• Voluntary early retirements from non teaching staff aged 50+ with actuarial
• reduction

The following provisions are dependent on financial viability, which will be
determined on an annual basis by the Local Authority. There will be no automatic
right to these schemes without prior authorisation of the Local Authority.
• Voluntary early retirements from teachers/non teachers aged 58 or over in
    line with policy agreed with the Local Authority as shown in Appendix 2.
• Possible redeployment of staff from/to other schools, with agreement of schools
    concerned, or within the Local Authority, and with financial arrangements as outlined in
    Appendix 2.

8.       REDEPLOYMENT

Where a member of staff indicates a willingness to be redeployed the following will apply:
  i) Redeployment will be an option only if a successful transfer will both achieve the cost
       reductions required and leave the school in a position to meet its overall curricular
       and organisation obligations.
  ii) The Local Authority will assist this process but recognises the Governing Bodies has
       final decision on appointments within the school. As such redeployment cannot be
       guaranteed.
  iii) A redeployment volunteer is not obliged to accept any post offered and can withdraw
       the transfer request without prejudice if an acceptable offer of employment elsewhere
       is not available.
  iv) Volunteers do so without prejudice to their position if a redeployment opportunity is
       not achieved and must not be a factor in selection for compulsory
       redundancy/redeployment.
  v) Staff who accept redeployment on different contractual conditions are entitled to a
       minimum of a 4 week trail period to assess suitability without necessarily loosing their
       right to redundancy payment. This period can be extended by mutual agreement.
  vi) Protection of salary will apply during the trial period only to a maximum of 12 weeks.




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9.         COMPULSORY REDUNDANCY PROCESS

In the event that a redundancy situation is unavoidable the Governing Body will adopt a
format for ensuring a fair, transparent and consistent process.

Following extensive consultation with Trade Unions, all but the NASUWT agreed the
following process and the Council recommends it’s adoption by the Governing Body.

At an early stage, it is recommended that the Headteacher undertakes a full curricular audit
of the school to identify areas where potential staff reductions could be made.

All staff should complete an individual questionnaire, which will identify their
experience/skills/competencies/training etc. This will help identify staff who are able to offer
flexibility to cover the curricular needs of the school in addition to their own contribution.

The staff questionnaires should then be matched against the requirements of the school and
those who meet the requirements would then be discounted for redundancy selection. For
example, those holding TLR/SENCO responsibilities would not be included in the pool for
redundancy selection or perhaps the staff in a subject area that was critical to the existing
and future needs of the school would be excluded.

Support staff must also be included in this process, as their contribution to the aims of the
school and financial impact need to be considered.

Use of this process should reduce the numbers to be included in the redundancy pool
particularly in larger schools. When the pool has been identified, the Headteacher will
produce an anonymous matrix of staff, which will be the basis of selection process for the
Staff Dismissals Committee.

10.        REDUNDANCY SELECTION CRITERIA

Teaching staff

Range and depth of experience in current role or similar relevant experience within other
schools.
Staffing of the Curriculum, or particular parts of it to enable achievement of the Schools
Development plan
Pastoral needs of the school

The Local Authority will provide examples of assessment sheets and scoring matrix to
Governing Bodies on request.

Support staff

Including:
School clerical and administration including secretaries and bursars Higher level LSA
Laboratory Technicians
Learning Support Assistants
Caretakers
Cleaners/Cooks (where employed by the school)

Criteria

Range and depth of experience in current role or similar relevant experience within other
schools.


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Staffing of the Curriculum, or particular parts of it to enable achievement of the Schools
Development plan
Pastoral needs of the school

The Local Authority will provide examples of assessment sheets and scoring matrix to
Governing Bodies on request.

Once the grids have been completed, it should be apparent to the Staff Disciplinary
Committee which member(s) of staff will be nominated for redundancy. Where all else is
equal, the member(s) of staff will be selected on the basis of length of service at the school.

11.      NOTIFICATION TO INDIVIDUAL SELECTED

Once the Staff Dismissals Committee has made its decision the employee must be invited to
a meeting within 7 days and given the opportunity to make a representation against their
selection. The Committee must listen to what is presented and consider their selection
before determining if that person is to be made redundant or not.

A successful representation will necessitate a different employee being identified who will
also be invited to a meeting to make representations. During these meetings a colleague or
a Trade Union Representative may accompany the employee.

In the event that representations to the Staff Dismissal Committee are not successful, the
employee selected must be sent written confirmation of redundancy and offered a right of
appeal, which will be to the Schools Dismissal Appeal Committee. The Appeal meeting must
be held within 7 days of this written confirmation.

The Director of Learning and Development and Education Personnel Services must be
notified immediately and asked to seek alternative employment. Support staff can be issued
with appropriate notice from the Local Authority immediately. Confirmation of redundancy
notice for Teachers from the Local Authority can only be issued following the appeal hearing,
if requested by member of staff. The Local Authority will seek redeployment opportunities
during the notice period.

It is essential that the members of the Appeals Committee and their advisors have not been
previously involved in the dismissal proceedings.

The employee will be afforded the opportunity to be supported/ represented by a Trade
Union Representative or colleague of their choice.

The Staff Dismissals and Appeals Committees will be advised by a personnel officer/ officer
of the council as determined by the Chairperson of each Committee.

12.      FOLLOWING THE APPEAL HEARING

The chairperson of the Staff Appeals Committee hearing the appeal will endeavour to give
the decision verbally to the member of staff and the representatives at the conclusion of the
appeal hearing or within five working days thereafter.

The decision will subsequently be confirmed in writing to the member of staff within five
working days. The Education Director and Personnel Services must be informed of the
decision and asked to issue formal notice in the event of an unsuccessful appeal.
Redeployment opportunities must continue to be explored during the notice period.

If the appeal is upheld, the redundancy selection process will recommence.


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13.      NOTICE PERIODS

For support staff there is a minimum of 4 weeks notice increased by one week for every year
of service up to a maximum of 12 weeks.

For teaching staff it is important to bear in mind notice periods, which are as follows:


          Term                                 Term Dates

      Autumn Term                 1 st September –31 st December                       2 Months

      Spring Term                       1 st January –30th April                       2 Months

      Summer Term                        1 st may –31 st August                        3 Months


It should be noted that contractual notice might be longer than above.

14.      ASSISTANCE WITH JOB SEEKING

The Governing Body recognises the statutory right of employees to time off to look for
alternative work.

15.      COUNSELLING

The Governing Body recognises that a redundancy situation is a very stressful time for
individuals concerned. Affected staff will be provided with details of the free confidential
counselling service.

Affected staff are encouraged to contact the Vale’s Job Shop Extra for advice and guidance
on completing application forms and attending interviews.

16.      SEVERANCE PAYMENTS

Severance payments will be in line with statutory provisions or as amended by local
agreements in force at the time.

Any employee who takes up employment within 4 weeks of being made redundant within an
organisation who are a modification order body will be required to repay the redundancy
payment in full.

17.      EQUAL OPPORTUNITIES MONITORING

Human Resources and Equalities to ensure consistency of application will monitor this
procedure. Basic statistics will be retained (in accordance with the Data Protection Act for
monitoring purposes.

18.      MONITORING AND REVIEW

The procedure will be reviewed on the basis of every two years or in light of any
developments in employment legislation or good employment practice.




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                                                                            APPENDIX 1
SCHOOLS REDUNDANCY PROCESS
This process should commence before the school has a confirmed redundancy situation.
Time scales are guidelines
NB Teachers must be issued notice by 31 May for termination date of 31 August.




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                                                                                       APPENDIX 2

PROPOSED REDUNDANCY / VOLUNTARY REDUNDANCY / EARLY RETIREMENT
FOR TEACHERS - Please note that at present, the scheme is not approved. Work is in hand
to assess the affordability for 2007-08.

Proposed Scheme from 2007/08 Onward
• The scheme will only be applied to teachers and non-teaching staff based in schools that
   are aged 58 and over.
• The scheme will only be used in cases where schools are facing financial difficulty which
   are as a result of circumstances beyond the school’s control (e.g. significant decline in
   pupil numbers) and for which the school could not have reasonably planned. The
   circumstances of each such case will be assessed and approved by the LEA. In making
   the assessment, the LEA will make use of information such as the outcome of the visits
   to schools by the School Finance Support Officers and other financial monitoring
   information. In light of the outcome of the assessment, the LEA will also approve which
   of the options described below is most appropriate.
• The options available to teachers will be in schools fulfilling the above criteria:-
   a) Access to pension with no added years or augmentation unless funded by the school.
       Actuarial strain to be met by school/LEA in a proportion to be determined by the
       financial viability of school (criteria to be used are discussed below).
   b) Severance payment. Provided there was a waiver to pension access and redundancy
       a severance payment would be payable equivalent to a redundancy payment based
       on actual salary.
       Severance payment to be met by school / LEA in a proportion to be determined by
       the financial viability of the school (criteria discussed below).
   c) Normal redundancy option.

Criteria for Determining School:LEA Proportional Split of Actuarial Strain/ Severance
Payment

•    The school will fund the actuarial strain/severance payment over an agreed period of up
     to a maximum of 5 years. The school’s budget must be able to accommodate the last
     year’s instalment without being in deficit.
•    If the school are unable to meet the actuarial strain/severance payment over five years
     without having a deficit in the last year, then the LEA will consider the following:-

a)       making a contribution itself

b)       not approving an early retirement and require a redundancy

c)      The LEA’s decision will be based upon the assessment of the financial circumstances
        of the school in question.
• The LEA may, depending upon the circumstances of the school, apply
   the above principles but based on a payback over a lesser period.
• The LEA will promote the use of “bumping”, i.e. in circumstances where a school facing
   the redundancy of a teacher, and another school identifies a volunteer teacher eligible for
   the early retirement package and was prepared to accept the teacher. In these
   circumstances then the LEA would consider meeting the actuarial strain of the early
   retirement in full. Clearly the LEA cannot enforce the use of “bumping”, however, any
   such opportunities would be explored to ensure that the recently qualified teacher
   involved in any potential transfer received maximum career development.
d)      Schools in a good financial position




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         In the case of schools with a healthy financial position, the normal redundancy would
         not be an issue. However, there may be circumstances when the school could benefit
         in terms of curriculum delivery, if a teacher wanted early retirement or severance
         arrangements.

         The LEA will need to approve any such early retirement of severance arrangements.
         A key condition for the LEA’s approval is that costs are met in full by the school. The
         LEA will also need to be satisfied that any such early retirement severance
         arrangement was in the best interests of the school from the curriculum perspective.

Availability of Proposed Scheme

•   The availability of the scheme will depend upon the financial implications and
    consequent affordability. Availability of the scheme will be reviewed on an annual basis
    as part of the budget cycle.




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Consultation with Teacher Associations and February 2007
Single Status TU




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                                 Monitoring and Review
Author                                                      Vale of Glamorgan Council

Created on                                                  May 2009

Last updated on                                             20 May 2009

Approved by                                                 Staffing Committee

Approved on                                                 20 May 2009

Adopted by Full Governing Body on                           20 May 2009

Scheduled review date                                       2-yearly: 2010, 2012…

Head teacher’s signature and date                                                       20 May 2009

Chair of Governor’s signature and date                                                  20 May 2009




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