Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
REDUNDANCY IN SCHOOLS: AN OVERVIEW OF LEGAL REQUIREMENTS This document should be read in conjunction with "Working Together to Avoid Compulsory Redundancy". The term 'Education Leeds ' has been used throughout in place of the term 'LEA' for whom it acts as an agent. 1. INTRODUCTION Unfortunately, some schools' budgets will not always sustain the existing staffing complement. Steps will need to be taken to deal with the problem – a rising, unaddressed deficit is in no one's interests. However, with careful management, continuous consultation with Education Leeds, staff and trade unions, and a willingness to see all schools as part of the wider Leeds community, compulsory redundancy can be avoided. Staff are a valuable asset, and are needed by the service as a whole. Schools which follow this guidance, and the spirit of "Working Together to Avoid Compulsory Redundancy", are likely to be seen as good employers. 2. WHAT IS REDUNDANCY? 2.1 A redundancy is simply the deletion of a post which is no longer required. In schools, this in practice usually arises because the post(s) can no longer be afforded, and is identified as the post (or posts) least necessary to the efficient functioning of the school. The recommended method of selection for redundancy is set out at paragraph 7. 2.2 It is sometimes assumed that the problem can be resolved simply by not renewing one or more fixed-term contracts. This is likely to be illegal, as staff on continuous temporary or fixed-term contracts with the same employer (in community schools, Leeds City Council) for more than 12 months have the same rights to be made redundant fairly as other staff on permanent contracts. They therefore have to be treated in the same way. This highlights the need to use temporary contracts only when strictly appropriate. 3. IS REDUNDANCY NECESSARY? 3.1 The aim should always be to avoid redundancy if at all possible. Alternatives include: - making the necessary savings elsewhere; agreeing with Finance to reduce the deficit over a period (up to 3 years); not filling any vacancies; offering part-time or job-share to existing full-time staff; redeployment voluntary early retirement; voluntary severance; January 2006 HR Personnel Service 1 3.2 Great care needs to be taken by Governing Bodies at this stage, as they might be challenged if it is seen that there has been neither full consideration of all the alternatives nor consultation with staff. 4. TIMESCALE 4.1 Governors should allow the maximum possible time for the options outlined in paragraph 3 to be looked at. Rushed decisions should be avoided. 4.2 In the case of teachers, Governors need to observe the resignation/dismissal dates set out in the national conditions of service (the "Burgundy Book"). See paragraph 12. 4.3 For support staff, the appropriate notice periods must be observed. See paragraph 12. Full consultation with Personnel should ensure that any pitfalls are avoided. It should be noted that formal consultation does not begin until the Notification of Redundancy Consultation Document (Section 188 letter) has been issued. 5. CONSULTATION WITH TRADE UNIONS 5.1 Although the law only requires formal consultation with trade unions where it is proposed to dismiss more than 20 employees at an establishment within 90 days, it has been well-established good practice in Leeds to consult in all cases. Personnel Advisers will advise on arrangements for consultation with the recognised trade unions. 5.2 Formal consultation will need to be prepared and must include the following information: a) the reasons for the proposal (including budget figures); b) the number and descriptions (i.e. teachers or support staff) of employees it is proposed to dismiss on grounds of redundancy; c) the total number of employees in the school; d) the proposed method of selecting the employees to be dismissed See paragraph 7. e) the proposed method of carrying out the dismissals, including the period over which they are to take effect; f) the proposed method of calculating redundancy payments. 5.3 5.4 What is Consultation? Essentially, it is - the provision of information which is clear and detailed enough to enable the Trade Unions to understand and consider the proposals; - an invitation to them to discuss and comment on the proposals, - a readiness to consider in good faith any comments or suggestions made before a formal decision is taken. There is a legal requirement that consultation must January 2006 HR Personnel Service 2 - address ways of avoiding or reducing redundancies; - consider how to mitigate the effects of any redundancy dismissals; - be aimed at reaching agreement. 5.5 The information set out in 5.2 must be given to an authorised representative of the union or sent by post to an address notified by the union. Where possible it is helpful to the process if this information is received by the trade unions prior to a formal consultation meeting with staff. 5.6 The Governing Body must consider any representations made by the union and give reasons if any point is rejected. It should also comply with any reasonable request for further relevant information, e.g. budget details, pupil numbers, staffing numbers and structures. This information should be provided in writing. 5.7 Recognised Trade Unions. Trade Unions recognised by the Leeds LEA are listed below. Representing Headteachers: National Association of Headteachers (NAHT), National Association of Schoolmasters Union of Women Teachers (NASUWT), National Union of Teachers (NUT), Association of School and College Leaders (ASCL) Representing other teachers: Association of Teachers and Lecturers (ATL), National Association of Schoolmasters Union of Women Teachers (NASUWT), National Union of Teachers (NUT). Representing support staff: GMB, National Association of Schoolmasters Union of Women Teachers (NASUWT), Transport and General Workers’ Union (TGWU), UNISON. PAT is a trade union not recognised by Leeds City Council. However the City Council and Education Leeds work as constructively with this union as with those that are recognised. 5.8 If it is proposed to make more than 20 employees redundant, the Governors are legally required to inform the Department of Works and Pensions. 6. CONSULTATION WITH STAFF Governors need to ensure that, in addition to the consultation with trade unions outlined in paragraph 5 above, there is full consultation with staff, both collectively and individually. It needs to be remembered that some staff are not members of a trade union but will have the same right to be fully consulted as those who are members. Although formal consultation begins with the issue of the “Section 188 Letter” good practice would indicate the need to begin consultation as early as possible and to keep staff informed. It is advisable to minute consultation meetings with staff so that there is an accurate record of all the information disclosed and discussed should this prove contentious at a later date. January 2006 HR Personnel Service 3 Individuals at risk of redundancy will not be identified until the relevant selection procedures have been agreed. 7. SELECTION FOR REDUNDANCY 7.1 This is the most difficult phase of the redundancy process. Fairness and objectivity are absolutely essential if Governors wish to avoid being challenged, whether at dismissal hearings, grievance hearings, or Employment Tribunals. 7.2 The recommended procedure is as follows: 1. Selection Criteria. For practical reasons the task of drafting selection criteria may be assigned to the Headteacher and a nominated Governor. After consultation with trade unions and staff the full Governing Body should be aware of and approve the school’s finally agreed selection criteria. . 2. The full Governing Body will refer the task of determining whether staffing reductions are necessary, including looking at other options, to an appropriate committee (e.g. the Nomination Committee). This committee will consist of not fewer than three Governors. The committee will be advised by the Headteacher. 3. If the committee determine that redundancy is necessary they will apply the Governing Body's agreed selection criteria to nominate staff who are surplus to requirements. 4. The committee inform the employee of their selection and provide an opportunity for the individual to make representations about their proposed selection. See paragraph 8 below. The employee will also be made aware of their right of appeal to an appeal committee. Employees should be recommended to seek the support of their trade union. Personnel Advisers should be involved at all of these stages. 7.3 Since the school will be losing staff, the revised staffing structure is the key to the fair and objective application of the criteria. The structure sets out the curricular and organisational priorities of the school. It therefore reflects the posts the school will need, not the individuals who will fill them. 7.4 Criteria can be weighted but care needs to be taken to apply such weighting fairly and consistently. A recommended model is available as part of the ‘Additional Information Pack’ related to this document. 7.5 Other criteria can be used, but are likely to be challenged by trade unions if they are not seen to be fair and objective. Legislation prohibits the use of the following: - race, gender or disability; - reasons related to pregnancy or maternity; - membership or non-membership of a trade union or participation in its activities. 7.6 Evidence gathering is critical to the application of fair and objective criteria. It is appropriate to check records held within school relating to individuals’ qualifications and experience. This evidence then needs to January 2006 HR Personnel Service 4 be verified with the individuals affected. Individuals themselves may wish to submit their own evidence and to score themselves against the criteria. The Headteacher/delegated person should apply the criteria based on the knowledge and information held within school, plus the individual’s own self assessment, if this is available. A meeting then needs to take place between the individual and the Headteacher/delegated person during which scoring of evidence should be discussed and agreed. The final scores are recorded and signed off by the Headteacher/delegated person. 7.7 If, following the application of the agreed criteria, it proves impossible to distinguish between two or more employees, length of service (the LIFO or "last in, first out" principle) can be used. In Leeds, this is traditionally calculated by reference to the length of continuous service with organisations listed in the Redundancy Payments (Local Government (Modification)) Order 1983, which covers Local Authorities, various other public bodies, voluntary aided and similar schools. Other approaches can be based on service with Leeds City Council or service with the school. Governors should clearly define which approach they decide to adopt and record this at the same point as approval of the final selection criteria. 7.8 The Nomination Committee should rigorously examine the application of the selection criteria. The Committee must satisfy itself that the criteria have been applied fairly and objectively. 7.9 Care should be taken to ensure that decisions are not communicated to staff piecemeal. Staff should be asked at the outset how they would wish to have their nomination for redundancy communicated to them. For example, either in person or in writing, at school or at their home address. Anxiety is difficult to avoid, but ill-feeling can be minimised by a determination to proceed in a spirit of openness and sensitivity. 8. RIGHTS OF PROVISIONALLY REPRESENTATIONS 8.1 In Community schools, staff who are provisionally selected for redundancy have a statutory right to make representations to the Governing Body , including oral representations if they so wish, and for these to be taken into account before their selection is confirmed. Similar arrangements apply to staff employed by Governing Bodies of Voluntary Aided schools. Governors are advised to ensure that staff feel their views will receive full and genuine consideration and that the outcome is not pre-determined. Governors need to be seen to be independent in this matter. 8.2 The Nomination Committee should arrange for any employee whom they have provisionally selected for redundancy to be informed by the Headteacher or the Chair of the Committee and offered the opportunity to make representations in person to the Committee. The employee should be given the right to be accompanied by their trade union or other representative. The Headteacher should attend only to give advice and January 2006 SELECTED HR Personnel Service STAFF TO MAKE 5 information. It is recommended that the Committee explains the reasons for the provisional selection; a) allows the employee or the representative to make representations; b) clarifies any points arising; c) gives full consideration to its provisional decision. 8.3 The Committee will either confirm the original decision or select another employee for redundancy. In the latter case, that employee must be informed and given the same opportunity to make representations. 9. NOTICE TO TERMINATE 9.1 Notice to terminate is issued by Education Leeds in the case of Community schools, and by the Governing Body in Aided schools. 9.2 If the Staffing Committee confirm the original decision, the Head Teacher will put this in writing to the individual (s) affected. In order to formally terminate employment the following action is also required: in the case of Community schools, the Governing Body must notify Education Leeds, which will within 14 days, issue notice to the employee to terminate employment. In the case of Voluntary Aided schools, the Governing Body will issue notice to terminate employment and inform Education Leeds of its decision. (i) (ii) 9.3 Formal notice must be issued in accordance with the following timescales: (i) Support Staff Statutory entitlement is for 1 week’s notice per year of continuous service up to a maximum of 12 weeks (and subject to a minimum of 1 month for most school support staff); (ii) Headteachers 3 months notice (4 months in the summer term) ending on 31 December, 30 April or 31 August as appropriate; (iii) Other Teachers 2 months notice (3 months in the summer term) or statutory notice if that exceeds contractual notice – see (I) above - ending on 31 December, 30 April or 31 August as appropriate. 9.4 Where an employee becomes surplus to requirements but is not employed to work solely at that school, it is for Education Leeds rather than the Governing Body to decide where there is a redundancy. Education Leeds must consider whether the employee can be transferred elsewhere; if not, Education Leeds must institute redundancy procedures. 9.5 The search for alternative employment should begin once the employee has had confirmation of their nomination for redundancy and should continue through out the notice period. January 2006 HR Personnel Service 6 10. RIGHT OF APPEAL AGAINST SELECTION FOR REDUNDANCY 10.1 Employees have the right to appeal against a decision to select them for redundancy, in addition to the right of representation referred to in paragraph 8 above. If, following representation the original selection is confirmed (or if the employee does not make such representation), the Headteacher should notify the employee in writing of the decision to select them for redundancy and of their right of appeal. As a guide, it is recommended that the member of staff be given 5 full working days in which to lodge an appeal and at least a further 5 full working days before the appeal hearing is held. 10.2 When lodging an appeal, employees are not obliged to state their grounds for appealing, but in practice they will usually believe that the Nomination Committee has applied the criteria either incorrectly or unfairly. 10.3 The appeal should be heard by the Staff Appeals Committee, consisting of three governors not involved in the original decision. This committee should confine itself to a careful and objective examination of how the Nomination Committee applied the criteria. It is important that appeals committees are seen to be independent. 10.4 A recommended format for the conduct of the hearing is available as part of the ‘Additional Information Pack’ related to this document. 10.5 If the appeal is successful, the Appeals Committee will need to consider whether to select another employee for redundancy, in which case the process of selection, opportunity for representation, notification of redundancy, notice to terminate and right of appeal must be repeated. 10.6 (i) If the appeal is successful then: in the case of Community schools, the Governing Body must notify Education Leeds, which will within 14 days, issue a withdrawal notice to the employee re-instating employment; in the case of Voluntary Aided schools, the Governing Body will issue withdrawal notice re-instating employment and inform Education Leeds of its decision. (ii) 11. ALTERNATIVE EMPLOYMENT 11.1 The Governing Body must consider whether alternative employment is available at the school for an employee who is made compulsorily redundant. There is no requirement to create a job specifically for this purpose, or to offer a job which does exist but for which the employee is objectively unsuitable. However, the employee must be fully considered for any appropriate vacancy. 11.2 Leeds City Council as the employer has a responsibility to seek alternative employment for nominated staff based in a maintained school. January 2006 HR Personnel Service 7 11.3 In either case, the Personnel Team of Education Leeds will co-ordinate attempts to find alternative employment (or Redeployment). The aim will be to avoid compulsory redundancy for any member of staff. 11.4 Employees declared redundant will be assessed, via a “skills audit”, with a view to matching them to vacancies which other Leeds schools or City Council departments may have. 11.5 Governing Bodies may be asked to consider appointing a redeployment candidate to fill either (i) a current vacancy in their school, or (ii) a post currently occupied by an employee who wishes to apply for voluntary redundancy or, following agreement with Education Leeds, to take early retirement. 11.6 Support grants are available to schools which agree to employ redeployees. (See “Working Together to Avoid Compulsory Redundancy”, paragraph 10) 11.7 Governing Bodies are legally required to notify Education Leeds of teaching vacancies they wish to fill (except those of less than four months’ duration). The collective agreement “Working Together to avoid Compulsory Redundancy” commits governors to consideration of any redeployment candidate put forward by Education Leeds. In order to assist with the redeployment programme, managed by Education Leeds, they are also requested to inform Education Leeds of any support staff posts. If colleagues who have had to go through the redundancy procedures are not ultimately to be made compulsorily redundant, the active support of the Governing Bodies of all Leeds schools in this process of redeployment is essential. 12. TIME OFF WORK 12.1 An employee who is given notice of dismissal on grounds of redundancy and who has at least 2 years’ continuous service by the end of the notice period has a legal right to reasonable time off with pay during working hours to seek new employment or to arrange retraining. What is ‘reasonable’ depends on the circumstances of the particular case. Employment Tribunals can award up to two-fifths of a week’s pay as compensation to an employee who is refused reasonable time off. 13. REDUNDANCY PAYMENTS 13.1 Subject to the figure prescribed by law as a minimum, and under statutory regulations as a maximum, it is for Governing Bodies to decide on the size of a redundancy payment. However, in practice Leeds schools have always followed the LEA’s scheme. 13.2 Employees nominated for redundancy will receive from Education Leeds an estimate of their redundancy payment under the LEA scheme plus an estimate of any pension benefits they might be entitled to. January 2006 HR Personnel Service 8 13.3 Where an employee is offered similar alternative employment and unreasonably refuses to accept it, there is no right to a redundancy payment. 13.4 Where a redundant employee is offered a new job on different terms and conditions, but which is deemed to be suitable alternative employment, and unreasonably refuses to accept it, there is no right to a redundancy payment. However, in such cases the employee has a statutory right to a trial period of 4 weeks in the job during which to assess suitability. If the new job requires the employee to be retrained, a longer trial may be agreed in writing in advance. If, after a trial period, the employee refuses to accept an offer of alternative employment, it may be possible to allow an extended trial period or to seek another redeployment opportunity. Alternatively, a redundancy payment would be made if the job is unsuitable or the employee’s refusal to accept it is reasonable. 14. PLANNING TIMESCALES Since the possibility of staffing reductions is normally, though not exclusively, linked to budgetary considerations, the planning and implementation by schools of any changes in their staffing requirements needs to take account of the timing of Education Leeds and Leeds City Council’s annual budget process. The key dates in this are as follows: Autumn Term: Governing Body undertake budget review and update three year financial plan based on new pupil numbers and revised pupil number projections. This will inform governors of any potential action that they will need to take for the following academic years. November: Government announces next year’s draft financial settlement for Leeds City Council; Late December: Government confirms financial settlement for Leeds City Council Mid January: PLASC pupil number return completed, Governing Body review projection and possible actions in light of budget briefings, taking into account any overall budget uplift or cut based on financial settlement for Leeds City Council. Late February/early March: Council finalises its overall budget Mid-March: Schools informed of final budgets By making use of the three-year projection model, Governing Bodies are able to predict a likely need for cost savings, possibly involving staffing reductions, well before it is notified of its budget for the next financial year, e.g. where pupil numbers are falling, or specific grant funding is coming to an end. The timescale involved in carrying out reductions in staff levels (see para.4) is lengthy; unless the process is started as soon as possible, the scope for savings may be reduced. Ideally, Governing January 2006 HR Personnel Service 9 Bodies should consider their staffing position for the following year in the Autumn, in order to examine ways of achieving savings to avoid redundancy. In any event, they will need to discuss the school’s financial position in mid-December or early January and make provisional plans for the next year’s budget. 15.2 Some circumstances may enable a Governing Body to predict a likely need for cost savings, possibly involving staffing reductions, well before it is notified of its budget for the next financial year, e.g. a large fall in pupil numbers. The timescale involved in carrying out reductions in staff levels (see para.4) is lengthy; unless the process is started as soon as possible, the scope for savings may be reduced. Ideally, Governing Bodies should consider their staffing position for the following year in the Autumn, in order to examine ways of achieving savings to avoid redundancy. In any event, they will need to discuss the school’s financial position in mid-December or early January and make provisional plans for the next year’s budget. Published by: HR Personnel Service of Education Leeds Originator: Kay Margerison/Nicola McArthur Working Together to Avoid Compulsory Redundancy agreed at: School Based Staff Collective Agreements meeting held on 27/01/06 Distributed to: All Schools in Leeds Review date: November 2006 January 2006 HR Personnel Service 10