Redundancy Policy for School Staff

Redundancy Policy for School Staff

Note:

This policy applies only to those staff contracted to work solely at one school. A separate procedure applies to centrally-employed staff. It is effective for cases with a redundancy date of 1st September 2011 or later.

Preamble

1.This model policy has been drawn up by Oxfordshire County Council following consultation with all the recognised Unions and Associations. It is intended for the use of Governing Bodies for those staff for whom they are responsible.

2. Recommendations of dismissal by reason of redundancy are a matter for school Governors. The County Council is obliged to comply with the Governing Body's recommendations and to issue the notice of dismissal but will make every effort to redeploy the employee concerned where appropriate. With the current difficult economic position and after consultation with the Schools Forum, it was agreed by the Council and the Schools Forum that, rather than topslicing the budget for all schools to meet the costs of redundancy, all costs of redundancy would be met by the school concerned and Governors need to be mindful of this in making their decisions. The Finance Team can help in managing the costs.

1. Governors must therefore ensure that cost is a factor (but not the sole factor) to be taken into account when deciding on redundancy cases. If a redundancy is subsequently the subject of a hearing before a tribunal or other judicial process, the County Council will meet reasonable tribunal costs unless there is "good reason" to recharge them to the establishment's delegated budget. "Good reason" may include a deliberate disregard of the advice given by the Director of Children, Education & Families on an individual case or as set out in this model policy. In the case of deliberate disregard of the Director's advice, all costswill be recharged to the establishment's delegated budget. Throughout this document, references to advice given by the Director for Children, Education and Families means the advice provided on behalf of the Director by the Schools’ Human Resources Team, referred to in this document as ‘the Schools’ HR Team’.

4. This model policy should be read in conjunction with the County Council's procedure for the use of fixed-term (Temporary) contracts. Governors are also strongly advised to read the‘Managing Staff Reductions’ advice available on the School’s Intranet and to contact the Schools’ H.R. team for advice as appropriate.

Responsibilities of the Governors

1. It is the responsibility of the Governing Body, through sub-committees or the Headteacher where appropriate, to:

1. Initiate consultation with recognised union or employee representatives and individual employees when staff reductions seem likely.
2. Determine and publicise criteria for selection for redundancy.
3. Identify groups of employees who may be affected and give them the right to make representations.
4. Give the Children, Education & Families Directorate details of all those individuals so that redeployment can be explored.
5. Select individuals on grounds of redundancy in accordance with the criteria.
6. Ensure that all affected individuals have the opportunity to exercise their right of appeal.
7. Where necessary, notify the Children, Education & Families Directorate of those selected for dismissal on grounds of redundancy, so that the proper notice can be issued.

6.The Governing Body must draw up a redundancy policy in consultation with the County Council, or formally adopt this model one, and publicise it to employees.

1. Redundancy payments are calculated in accordance with the current Council policy for such payments. This is to pay at actual salary rates for one and a half times the calculation for the statutory number of weeks’ pay due. The statutory calculation is based on continuous service (maximum 20 years to count) with each year of service counting as follows: age up to 22, 0.5 week, 22-40, 1 week, 41 and over, 1.5 weeks.

1. It is recognised that the redundancy process can be a difficult time and the school has a duty of care to employees. To this end, the school may wish to make staff aware of the Staff Care Service who can support those affected by the process or decisions. It may also be helpful on occasions to refer employees to the Occupational Health Service if medical advice is required. For those selected for redundancy, the Job Finder Service can help to redeploy employees elsewhere within the County Council and can provide guidance to employees in terms of career transition.

CONTACT DETAILS

Schools’ HR team: Telephone 01865 797588

Email:

Staff Care Service: Telephone 01865 815505

Email:

Occupational Health Service: Telephone 01865 815421

Email:

Job Finder Service: Telephone 01865 797338

Email:

Oxfordshire County Council ModelRedundancy Policy for

SchoolStaff

1.The Council and Governing Bodies seek to ensure, as far as possible, security of employment for employees by careful forward planning.However, it is recognised that from time to time the needs of the service may lead to reduced staffing requirements. The Council and/or Governors, in consultation with the trade unions, will try to minimise the effect of redundancies through the provision of time and effort to finding alternative employment for surplus staff. Where redundancy is inevitable the Council and 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 employee concerned.

2.The following measures will be used to avoid or minimise redundancy in cases where future reductions in staffing are known to be likely.

(a)Normal turnover of staff.

(b)Restricting the recruitment of permanent staff.

(c)Filling vacancies from among existing employees.

(d)Not renewing temporary or fixed-term contracts which reach their expiry date or ending such contracts early with due notice, providing continuous service is not more than two years and the contract was offered for one of the agreed reasons, as set out in the procedure for fixed-term contracts. This provision will be used only where there is clear justification, such as the reason for the contract being for a clear likelihood of a reduction in future staffing needs or on redundancy affordability grounds,and advice has been sought from the Schools’ HR team. Fixed-term employees should not be selected for redundancy just because they are on fixed term contracts. However, where fixed term employees have been brought in specifically to complete particular tasks, to cover peaks indemand or where redundancy affordability is a factor, a Governing Body maybe able to objectively justify selecting them for redundancy,otherwise the redundancy selection criteria used should be applied equally to fixed term and permanent employees. See Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.

(e)Training, re-training or redeployment of employees. Details of the arrangements for the redeployment of employees are appended.

(f)Retirement options to avoid the need for redundancy, such as reducing hours and/or salary costs by giving consideration to requests for Phased Retirement for teachers and Flexible Retirement for support staff for employees over 55.

(g)Agreed changes to contracts to reduce hours.

3. Redundancy will arise only if one (or all) of the following circumstances applies:

(a)The activity has ceased or is intended to cease.

(b)The activity has ceased or is intended to cease in the place where the employee was employed.

(c) The requirements for employees to carry out work of a particular kind haveceased or diminished or are expected to cease or diminish.

4. Where all other measures have failed and redundancies are inevitable, the Council and/or the Governors will abide by the following undertakings when considering making employees redundant:

(a) At the earliest possible time to inform the relevant trades unions of:

(i)Reasons for the proposals.

(ii)The number and description of employees whom it is proposed to dismiss by reason of redundancy.

(iii)The total number of employees, broken down into categories, employed at the particular workplace concerned.

(iv)The proposed method of selection for redundancy.

(v)The proposed method for effecting redundancies including the period over which they are likely to take place.

(vi)The method for calculating any redundancy payment.

(b)At the earliest practicable opportunity, after the above information has been sent to all relevant trade unions, to hold discussions with the designated officer of the relevant trade unions, with a view to reaching agreement on ways to avoid or minimise the need for redundancies. These discussions will include thorough examination of all alternative courses of action. The Governing Body and/or Council will reply to any representations made to them by the trade unions and shall state, in writing, their acceptance or their reasons for rejecting any such representations.

(c)Any employee at the school may, if they wish, make written representations to the appropriate panel of the Governing Body or to such person(s) as the Governors decide. This opportunity will be given before the selection of individuals for redundancy is made. Employees may seek Union advice in preparing their written representation.

(d)Volunteers for redundancy will be called for(some, all or none may be accepted) and will be considered on the following basis, subject to affordability/costs being fully taken into account:

(i)Operational needs of the service for particular types of employees, taking into account the continuing need for any particular skills, qualifications or experience.

(ii) Where the criterion in (i) produces more than the required number of volunteers, selection will be made within the group identified on the basis of affordability and/orlength of service with the employee with the longest total local government service being selected first and so on. Evidence must be capable of being produced for all staff in the ring fence to show the reason for the selection of the member of staff rather than others.

(e)If insufficient suitable volunteers are forthcoming and compulsory measures are required then employees will be selected on a fair, consistent, objective and non-discriminatory basis. (See paragraph 3 of the preamble). Appropriate criteria for selection will be decided by the nominated panel of Governors for each redundancy case and notified to staff and unions. Affordability of the redundancy cost may be such a factorbut not the sole reason. The agreed criteria are:

(i)Operational needs of the service for particular types of employees will be considered first, in order to identify the work group(s) where reductions are needed. Examples of operational needs of the service could include particular skills, qualifications or experience.

(ii)Where the application of selection criteria fail to differentiate among two or more ring-fenced individuals, selection will be made from within the group identified on the basis of length of service with the employee with the shortest total local government service being selected first and so on.

Any comments received concerning the criteria chosen will be fully considered. Evidence must be capable of being produced for all staff in the ring fence to show the reason for the selection of the member of staff rather than others. Care will be taken to avoid criteria which could constitute a judgment on an employee’s professional capability or could prejudice their future employment prospects.

1. Employees have the right to appeal against selection for redundancy and should do so as soon as possible and within 5 working days of receiving the formal notification of the decision. Appeals against redundancy will be dealt with by a panel of Governors.This panel will be composed of Governors not involved in the original selection for redundancy and should contain no fewer members than were on the committee which made that selection.The employee will be given adequate time to prepare a case and arrange representation.

1. The appeal panel will appoint a chair who will conduct the case as follows:

1. Introduce the panel.

1. Remind the employee of her/his rights.

1. Ask the employee and/or their representative to state the grounds for the appeal.

1. Invite questions from the panel and the person responding to the appeal.

1. Ask the Headteacher or representative of the Governing Body's sub committee to respond.

1. Invite questions from the employee and the Governing Body's sub committee.

1. Ask the Headteacher or Governor to sum up.

1. Ask the employee and/or their representative to sum up.

1. Adjourn to make a decision.

1. Communicate the decision to the employee and confirm in writing within three working days.

1. Entitlements of Redundant Employees (where redeployment is inappropriate or proves impracticable).

1. All employees will receive notice of termination of their employment in line with their conditions of service or in line with the Premature Retirement Compensation Scheme or by mutual agreement.

1. Entitlements to redundancy payments calculated in accordance with the Council's agreed policy on redundancy payments. This is based on actual pay, and is not subject to the statutory maximum wage.

1. Employees who are under notice of redundancy will be entitled to reasonable paid time off to look for alternative employment or arrange training.

Model Procedure for the Redeployment of School Employees

Preamble

1. Redeployment is most often pursued in order to avoid a redundancy, or because the employee is no longer able to continue in their job due to disability or ill-health following advice from Occupational Health. It may also be used as a result of action taken under the Disciplinary & Capability procedure. There may also be other exceptional circumstances where it is appropriate to seek an alternative job for an employee. It exists in order to minimise the occasions where an employee’s contract is terminated as a result of redundancy, ill-health or capability. The intention is to retain valuable skills and experience and to protect employment by finding a suitable alternative job which the employee can be offered.

2. If someone requires redeployment due to ill-health or a disability they may need to be considered for jobs with different requirements or at a different level to their current job. Normally an employee will be expected to compete for a higher graded post, however, this may depend on the circumstances. Under the Disability Discrimination Act employers are required to considered reasonable adjustments to enable an employee to work. Case law indicates that if a higher graded post is available for which the employee’s skills are suited, or could be with reasonable training and support, then the employee should be offered it. This does not apply in cases such as redeployment due to action taken under the Disciplinary & Capability procedure.

1. Governing Bodies should always first look for alternative employment within the school for employees at risk of dismissal.They should make sure that they undertake a sufficiently thorough search for alternative employment and that their search is documented to show the steps that they have taken should it become necessary to produce evidence in defence of an unfair dismissal claim. When considering how to choose between employees for any available jobs, the Governing Body should remember that if any of its potentially redundant employees are on maternity (or adoption) leave, they have an automatic right to be offered any suitable vacancies. Resolving their future employment should therefore be undertaken as a first step.The Council will look for redeployment to other County Council establishments where appropriate through the Job Finder Service, see paragraph 5.The Governing Body andOCC should provide employees with sufficient information about any vacancies so that they are able to take an informed view as to whether the position is suitable for them. While the Council undertakes to try to redeploy employees wherever practicable, in the case of schools, it is a matter for Governors whether the nominated candidate will be accepted for redeployment within the receiving establishment. The Local Authority powers extend only to insisting that establishments consider a candidate nominated for redeployment. If a Governing Body does not appoint the nominated candidate they will be expected to explain to the candidate and notify the Council in writing why they have not done so. A dismissal is likely to be unfair if, at the time of dismissal, the employer gave no consideration to whether suitable alternative employment existed within its organisation.

1. Where an employee is on a temporary or fixed-term contract which comes to an end, the school and the Council will make every effort to help the employee find alternative employment within the County Council; but the employee will not be given prior consideration for vacancies which arise.

1. Officers responsible will, as far as is reasonable and practicable, ensure that all job vacancies are listed in the County vacancy list. Governors will, at the earliest opportunity, notify the appropriate officer of all vacancies in their establishment for inclusion in this list.The appropriate officer will then ensure that all candidates for redeployment are advised of all vacancies within the County Council.

Scheme for Redeployment

1. In all cases the operational needs of the service will be considered first.

1. There will be full consultation with employees throughout the process of redeployment and every effort will be made to protect the status of those concerned.

1. When seeking to avoid redundancies by redeploying employees, volunteers will be invited in the first instance. Where practical and appropriate, volunteers for redeployment will be given preferential consideration for vacancies which arise.

1. Where there are insufficient volunteers for redeployment, employees will be selected for redeployment to suitable alternative employment, where this is available. “Suitable alternative employment” will be defined in accordance with ACAS advice and will take into account not only salary scale, the status of the post and the work involved, but also any factors personal to the employee which may be relevant.

1. Salary scales will be safeguarded in accordance with the appropriate national and local agreements. Queries on safeguarding salaries will be referred to the appropriate officer. If an employee is redeployed by mutual consent to a post to which different conditions of service apply, s/he will be required to accept these new conditions, even if previous salary is safeguarded.

1. The number of hours worked will be maintained following redeployment, in so far as this is possible, although it is recognised that there may be special cases that need to be treated on their own merits.

1. Where an employee is redeployed to a post with fewer hours than s/he worked immediately prior to redeployment, the receiving school or establishment will give that employee priority for any additional hours in the same or a similar post which become available subsequently, up to the total previously worked.

1. In cases where employees incur additional travelling and removal expenses as a consequence of redeployment, the scheme of disturbance and travelling allowances will apply in accordance with local and/or national agreements. At present these agreements grant reimbursement of additional travel costs for up to four years after redeployment.Agreed costs will be metthrough a specific schools formula funding factor financed bytop-slicingthe schools Individual Schools Budget.

1. In the case of redeployments of teachers, additional allowances/Teaching and Learning Responsibility payments will be safeguarded as appropriatein accordance with national agreements. Any agreed costs for salary protection for support staff, together with any teacher salary protection costs,will be metthrough a specific schools formula funding factor financed bytop-slicingthe schools Individual Schools Budget.

1. There is a statutory right to a trial period of four weeks in the new post without the employee losing the right to a redundancy payment. The four-week period can be extended, in writing, for retraining purposes.

1. Redundancy pay and any associated pension benefits will not normally be paid to an employee who has rejected suitable alternative employment. “Suitable alternative employment” will be defined with regard to ACAS guidance and relevant caselaw. For example, it will take into account not only salary scale, the status of the post and the work involved, but also any factors personal to the employee which may be relevant.

Revised November 2011 Page 1 of 9