Terms of Reference for the Nominating Committee

REDUNDANCY PROCEDURES

TERMS OF REFERENCE FOR THE NOMINATING COMMITTEE

Introduction

These terms of reference shall apply where the governing body has determined that the “initial decision to dismiss” in the event of compulsory redundancy shall not be delegated to the headteacher.

Membership

The committee shall consist of (three*) members of the governing body. (Governors may wish to nominate an additional governor to act as reserve). No member shall have any pecuniary interest in any decision which may be taken by the committee. It is not, therefore, appropriate to include a member of the school staff or a relative of a member of the school staff on the committee. No governor who serves on this committee is eligible to serve on the appeals committee.

The headteacher has a right to attend all meetings of the committee for the purpose of giving advice.

The Director of Children’s Services or his/her representative, may attend for the purpose of giving advice.

Committee

The committee will meet at the earliest opportunity when it has been identified that redundancies may be required within the school. Meetings may be arranged if deemed necessary by the chairperson of the committee or the headteacher.

Terms of Reference

1.The nominating committee shall consider and decide upon all matters relating tocompulsory redundancy selection, in accordance with the Schools Redundancy Policy designed by the Council and agreed by the governing body in respect of the following staff:

School teachers;

NJC Staff on Local Government Services’ Conditions

*The minimum number of members must be three but the actual number will be determined by the governing body.

2.The nominating committee will consider any applications to mitigate the effect of

compulsory redundancy and make a recommendation to the full governing body(e.g. reduction in hours, voluntary redundancy).

3.A member of the nominating committee will attend all consultation meetings withtrades unions.

4.The nominating committee shall have the autonomy to apply criteria for compulsoryredundancy selection approved by the full governing body. (The governing body may wish to request members of the nominating committee to establish the first draft criteria, linked to the school improvement plan).

5In reaching decision, the committee shall have regard to:

The advice of the headteacher;

The advice of the Local Authority;

Employment law;

Equal opportunities.

APPENDIX 2
TEMPLATE ‘S188’ LETTER

Dear

Consultation about proposed Redundancies

In accordance with Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 I am writing to consult with you on proposals to dismiss as redundant<Insert Number of> employees from <name of School>.

In accordance with section 188(3) of the Act, please find details as follows:

1. The reason for proposed Redundancies

(This will possibly relate to budget and pupil numbers).

2. Numbers and descriptions of employees

The numbers and descriptions of employees it is proposed to dismiss as redundant and the total numbers of employees of that description employed at the establishment in question are detailed below:

Description of Employees / Number that it is proposed to dismiss as redundant / Total number of employees of that description employed at the establishment

3. Selection method for Redundancy

The proposed method of selection for redundancy will be achieved (delete and retain as appropriate)*

*in accordance with Central Bedfordshire Council’s Schools Redundancy Policy; or

*by virtue of the fact that the employees in question are the only employees of such description employed at the establishment.

Alternative employment opportunities will*/will not* be considered together with applications for voluntary redundancy.

4. How Redundancy dismissals are to be carried out

This will be undertaken in accordance with the Schools Redundancy Policy agreed between your union / association and the Authority, this procedure having been adopted by the Governing Body. The Governing Body has determined that the nomination process will be managed by a Nominating Committee / the Headteacher.

The consultation period will continue until <insert date> and is in place to consult on the above matters, including ways to avoid or reduce the number of dismissals and mitigate the consequences of dismissal.

It is anticipated that any redundancies will take effect from <date> and any notice periods served will be in accordance with the employee’s contract of employment.

Clearly, it is the Governors’ wish that if at all possible, redundancies are avoided and, to that end, the Governors and the headteacher will be exploring strategies for redundancy avoidance as identified in the local procedure. This will entail seeking suitable alternative employment opportunities for employees who are identified as “at risk” of redundancy and trial periods will be provided where necessary. Reasonable time off from work will also be provided to seek other employment or arrange training for new employment.

5.Redundancy Payments

Any redundancy pay will be based on actual**/statutory **pay and calculated in accordance with the Employment Rights Act 1996.

6. Agency Workers

The number of agency workers temporarily working for the School in the relevant Unit/Area and the type of work being undertaken:

I hope we are able to work together to find ways of mitigating the circumstances for the employees concerned and your support and involvement in helping manage this difficult process is greatly appreciated. Please do not hesitate to contact me if you require any further information or clarification.

I have enclosed the consultation document to support this letter and I should be grateful if you would please let me have any representations you wish to make on these proposals, in terms of reducing and avoiding the redundancies or mitigating the consequences by no later than <Insert date>.

Yours sincerely

Chair of Governors / Headteacher *To be selected as appropriate

APPENDIX 3
TEMPLATE LETTER

Dear [employee name]

Review of [insert details] at (insert school name)

Further to our meeting on [date], at which time I advised that [details] was under review at (insert school name), I can now confirm that the consultation period concluded on <date> and we have been reviewing all the feedback received. We released the final structure/ consultation outcome on <date> and the new structures have been finalised. We are working to populate these structures as swiftly as possible.

The role of [job title] is deemed to be the same or broadly similar to your current role. I am therefore advising you that you will be assimilated into this post with effect from [date]. I enclose a copy of the <Job Title> Job Description.

You will remain on your current terms and conditions of employment.

Even though you have been assimilated to this post, you will have the opportunity to apply for any new and vacant post that is put forward for open competition.

You have the right to appeal against your assimilation to the above post if you feel the role does not meet the definition of ‘the same or broadly similar’ to your current post. Should this be the case, please write to me stating why you believe these roles are fundamentally different and/or why you believe you should have been assimilated or ring fenced to a different post. Please lodge your appeal by [date (5 working days)] which will be heard by an Appeals Committee.

There is the possibility that a colleague’s appeal may affect your assimilation. We will advise you accordingly should that be the case.

I appreciate that any service review causes concern and is unsettling and I want to take this opportunity to thank you for your continued professionalism throughout this period.

Yours sincerely

Headteacher / Chair of Governors (please delete as appropriate)

APPENDIX 4
TEMPLATE LETTER

Dear [employee name]

Review of [insert details] at (insert school name)

Further to our meeting on [date], at which time I advised that [details] was under review at (insert school name), I can now confirm that the consultation period concluded on <date> and we have been considering all the feedback received. Following the consultation outcome document/meeting, I can confirm that the new structures have been finalised and we are working to populate these structures as swiftly as possible.

As you are aware there have been significant changes to some roles within the structure and this has directly affected your position.

Competitive assimilation

[As I am sure you will also appreciate, reductions in numbers of some posts may mean assimilation is not possible, even if the role is considered to be ‘the same or broadly similar’.

Whilst you have not been identified as eligible for direct assimilation to any role within the new structure because of the changes in number of roles, the post of [ details] is identified as suitable alternative employment for you and you have been included in a competitive assimilation ring fence. I enclose a copy of the job description for your information.]

Ring fence

[Whilst you have not been identified as eligible for assimilation to any role within the new structure because of the changes in role, the post of [ details] is identified as suitable alternative employment for you and you have been included in a ring fence. I enclose a copy of the job description for your information.]

However, as this is a ring fence situation, I regret I must also advise you that your post is deemed to be ‘at risk’ and you may be dismissed by reason of redundancy as a result.

The selection process will commence in due course and further information will follow. If you are successful and are appointed to this position, you may be issued with a new contract of employment setting out any changes to your terms and conditions of employment. If however, you are not successful, you may be dismissed by reason of redundancy as a result.

[I take this opportunity to remind you that we currently have a voluntary severance scheme in operation, if you would like more details on this scheme, please do let me know.]*

*Delete/include as appropriate

You have the right to appeal against your ring fencing if you feel that

Competitive assimilation

[the number of staff currently undertaking this role is a direct match to those within the new structure]

Ring fence

[the role meets the definition of ‘the same or broadly similar’ to your current post]

or that you should be ring fenced to another post. Should this be the case, please write to me stating why you believe the decision to include you within this ring fence is incorrect. Please lodge your appeal by [date (5 working days)]] which will be heard by an Appeals Committee.

You can view all School vacancies that are known to the Council by visiting the Children’s Trust Website.

I appreciate this is an unsettling time for you, and please accept my assurances that I will do all I can to support you at this time. I would like to thank you for your continued professionalism throughout this time.

Yours sincerely

Headteacher / Chair of Governors (please delete as appropriate)

APPENDIX 5
TEMPLATE LETTER

Dear [employee name]

Review of [insert details] at (insert school name)

Further to our meeting on [insert date], at which time I advised that [details] was under review at (insert school name), I can now confirm that the consultation period concluded on <date> and we have been reviewing all the feedback received. The new structures have been finalisedand we are working to populate these structures as swiftly as possible.

As you are aware there have been significant changes to some roles within the structure and this has directly affected your position.

I regret that it appears from the new structures that no role meets the definition of ‘the same or broadly similar’ to allow for an assimilation nor is there a role considered to be suitably similar to meet the terms of ring fencing. It would appear therefore that you have been displaced and the intention therefore is to issue you with notice of redundancy.

You have the right to appeal against this decision to displace you if you feel that there is a role within the structure that meets the definition of ‘the same or broadly similar’ to your current post or that you should be ring fenced to another post. Should this be the case, please write to me stating why you believe the decision to include you within this ring fence is incorrect. Please lodge your appeal by (date (5 working days) which will be heard by an Appeals Committee.

If you do not appeal against the decision not to ring fence or assimilate you to a position then formal notice will be issued.

Yours sincerely

Headteacher / Chair of Governors (please delete as appropriate)

APPENDIX 6
READY RECKONER

To use the table: Read off employee's age and number of completed year’s service. The table will then show HOW MANY WEEKS' PAY the employee is entitled to:

Service (Years)
Age / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20
17* / 1
18 / 1 / 1½
19 / 1 / 1½ / 2
20 / 1 / 1½ / 2 / 2½ / -
21 / 1 / 1½ / 2 / 2½ / 3 / -
22 / 1 / 1½ / 2 / 2½ / 3 / 3½ / -
23 / 1½ / 2 / 2½ / 3 / 3½ / 4 / 4½ / -
24 / 2 / 2½ / 3 / 3½ / 4 / 4½ / 5 / 5½ / -
25 / 2 / 3 / 3½ / 4 / 4½ / 5 / 5½ / 6 / 6½ / -
26 / 2 / 3 / 4 / 4½ / 5 / 5½ / 6 / 6½ / 7 / 7½ / -
27 / 2 / 3 / 4 / 5 / 5½ / 6 / 6½ / 7 / 7½ / 8 / 8½ / -
28 / 2 / 3 / 4 / 5 / 6 / 6½ / 7 / 7½ / 8 / 8½ / 9 / 9½ / -
29 / 2 / 3 / 4 / 5 / 6 / 7 / 7½ / 8 / 8½ / 9 / 9½ / 10 / 10½ / -
30 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 8½ / 9 / 9½ / 10 / 10½ / 11 / 11½ / -
31 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 9½ / 10 / 10½ / 11 / 11½ / 12 / 12½ / -
32 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 10½ / 11 / 11½ / 12 / 12½ / 13 / 13½ / -
33 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 11½ / 12 / 12½ / 13 / 13½ / 14 / 14½ / -
34 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 12½ / 13 / 13½ / 14 / 14½ / 15 / 15½ / -
35 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 13½ / 14 / 14½ / 15 / 15½ / 16 / 16½
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+ / 3 / 4½ / 6 / 7½ / 9 / 10½ / 12 / 13½ / 15 / 16½ / 18 / 19½ / 21 / 22½ / 24 / 25½ / 27 / 28½ / 30

17 – It is possible that an individual could start to build up continuous service before age 16, but this is relatively rare and for this reason the table has been started at age 18.

61* - The table stops at age 61 because for employees age 61 and over, the payment remains the same as for age 61.

Appendix 7

One to One (1:1) Individual Consultation Meeting Template

Name of Employee / Job Title
School / Date of Meeting
Name of TU representative/work colleague (if present) / Name of HR Advisor (if present)

In preparation for the meeting:

Ensure you have copies of the Schools proposed restructure/redundancy paperwork, including structure charts, job descriptions and any other information relevant to the consultation.

Use this template to summarise and keep a record of the discussion, questions asked, responses given, comments and suggestions.

☐ / Introduce all present at the meeting
☐ / Explain the purpose of the consultation meeting is to discuss the nature of and the rationale for the proposed changes. This is also an opportunity for them to contribute their views and suggestions on the proposals.
☐ / If they are unaccompanied confirm that the individual was advised that they could bring a trade union representative or work colleague with them and that they are happy to continue.
☐ Headteacher to explain (and invite feedback):

the proposal and the reasons for it as detailed in the Schools paperwork
measures already taken to prevent/avoid redundancies
how the proposed changes will affect the employee’s position
is the employee’s position ‘at risk’ of redundancy? Yes ☐ No ☐
If yes, advise that they are “at risk” and confirm that no decisions have been made at this stage

Employee/representative’s queries, comments or suggestions they wish to be considered and confirmation that they understand the need for the proposed changes
☐ Headteacher to provide details of the selection pool and process including scoring and timeline (if known)
Employee/representative’s comments, queries, objections
☐ Headteacher to advise of the process if selected for redundancy:

Redundancy notice
Redundancy payment
Redeployment
Suitable alternative employment
Alternative employment
Reasonable time off to seek employment
Right of appeal against the decision to dismiss on the grounds of redundancy

Ask if the employee understands theneed for redundancies, the terms for redundancy and if they have any questions
Employee/representative’s comments, queries
☐ Headteacher to ask if the employee has any alternatives or proposals they wish the School to consider (only mention this during the consultation stage)
Employee/representative’s comments
☐ Headteacher to remind the employee of any School’s Occupational Health Support that can be offered (if the School has these arrangements in place)
Employee/representative’s comments
☐ Any other information from any other parties before concluding the meeting?
Employee/representative/Headteacherr/HR comments
I confirm that this is an accurate summary of discussions and matters raised as part of a formal individual consultation meeting:
Headteacher Name and Signature / Date
Employee’s Signature / Date