Discovery School Policies and Procedures

Transcription

1 Discovery School Policies and Procedures Redundancy Policy Author(s): Bursar Date Written Date Reviewed: 13/7/15 *Reviewed By: Board Next Review Due: Spring Term 2018 **Review Cycle: Every three years reviewed Strictly Education Aug14 Page 1 of 11

2 Discovery School Redundancy Policy Discovery School is defined by its teaching and learning excellence and innovation; and equally by its warmth and inclusivity. We are committed to ensuring that each student s one chance is their best chance. At Discovery School we know that people thrive in positive and happy environments in which there are clear and agreed expectations and boundaries. It is this which shapes our ethos and culture and underpins our policies and procedures. All members of the Discovery School family - teachers, students, technicians, and admin staff - are governed by our policies. They are written with this in mind. We all abide by the same codes of conduct and act respectfully to those we work with. All Discovery School policies are written with adherence to The Education (Independent School Standards) (England) Regulations 2010 (S.I No. 1997) (as in force from 1 January 2013) regards to all parts: PART 1 Quality of education provided PART 2 Spiritual, moral, social and cultural development of pupils PART 3 Welfare, health and safety of pupils PART 4 Suitability of staff, supply staff, and proprietors PART 5 Premises of and accommodation at schools PART 6 Provision of information PART 7 Manner in which complaints are to be handled %20independent%20school%20standards%20regulations%202010_001.pdf Page 2 of 11

3 Our vision is to develop a motivated, effective and empowering staff team Redundancy Policy Overview 1. Scope and Purpose of Policy This policy does not form part of an employee s contract of employment nor does it confer any contractual rights. It applies to those individuals employed by the Discovery School under a Contract of Employment. This policy does not cover holders of Senior Post as defined in the Schools Articles. This policy does not apply to independent contractors working for the Discovery School. The Employment Rights Act 1996 provides that redundancy arises where employees are dismissed in the following circumstances: Where the employer has ceased or intends to cease, to carry on the business for the purpose of which the employee was employed; or Where the employer has ceased or intends to cease, to carry on the business for the purpose of which the employee was employed, in the place where they were so employed; or Where the requirements of the business for employees to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish; or Where the requirements of the business for employees to carry out work of a particular kind, in the place where they were so employed, have ceased or diminished or are expected to cease or diminish. The School is committed to the highest level of job security for all its employees recognising the important contribution they make to the performance of the school. The School however recognise that it may be affected by economic, market and organisational factors that require a change to how the school carries out its activities. The School will make every reasonable effort to avoid or reduce the number of redundancies and to mitigate the effects of the redundancies. 2. Equality and Diversity Statement Page 3 of 11

4 The aim of this policy is to ensure that: Everyone is treated fairly and consistently Everyone is treated equally regardless of age, disability, gender; gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Everyone knows what to do and what will happen next. 3. Location and Access to the Policy School Office Via Discovery School intranet: Approved Policies 4. Linked Policies Maternity Policy Flexible Working Policy Page 4 of 11

5 Redundancy Procedures CONTENTS 1. Key Principles 2. Equality and diversity 3. Right to be accompanied 4. Avoiding redundancies 5. Selection method and selection criteria 6. Employees on maternity leave etc 7. Suitable alternative employment/redeployment 8. Assistance in job search 9. Redundancy pay 10. Modification Order Procedural stages 11.1 Collective consultation 11.2 Group consultation 11.3 Individual consultation 11.4 Garden Leave 11.5 Appeal against dismissal Page 5 of 11

6 1. Key Principles This procedure is designed to comply with relevant legislation and good practice. The School recognises the benefit of early collective consultation and also its statutory obligations in respect of individual consultation. The School will make every effort to avoid compulsory redundancies wherever possible. Where the substantive duties of the post holder are wholly or mainly the same in the new structure as they were in the old, and where no other staff in the same role are displaced, the member of staff should be appointed to the position in the new structure automatically without competition. Where there are differences and the post is a new role, a competitive selection process will be conducted. Employees under notice of redundancy will be given reasonable time off with pay to seek alternative employment. 2. Equality and Diversity Where an employee has a disability or other specific requirement and reasonable adjustments are necessary, the employee should reach prior agreement, about the nature of such adjustments with the manager responsible for the relevant part of the procedure. 3. Right to be Accompanied Throughout the formal stages of this procedure the employee has the right to be accompanied by a work colleague or a trade union representative. You should notify the manager holding the meeting in advance of the meeting, if you wish to be accompanied who your companion will be. The companion may, at the employee s request: Assist the employee to prepare for the meeting Put forward the employee s response to the proposals Sum up the employee s response; Respond on the employee s behalf to any view expressed at the meeting Confer during the meeting and/or request an adjournment; The companion cannot answer questions on the employee s behalf. The employee or the companion may take written notes for their reference. It is school policy that no audio recordings are permitted to be taken at this or any subsequent meeting other than in exceptional circumstances and by prior agreement e.g. to accommodate visual impairment (see previous section on Equality and Diversity). Where the chosen companion cannot attend on the date proposed, an employee can propose an alternative time and date so long as it is reasonable and falls within five working days of the original date. Page 6 of 11

7 4. Avoiding Redundancies Management will consult on appropriate measures to reduce, eliminate, or mitigate the number of redundancies. Possible measures may include, but are not limited to, the following: Review of recruitment activity in order to maximise redeployment opportunities arising from natural wastage and staff turnover. Requests from staff placed at risk of redundancy, to reduce contracted hours or to job share. Such similar requests from staff not as risk, but whose duties could be covered by staff at risk of redundancy. Applications for voluntary redundancy from staff placed at risk of redundancy or staff not at risk, but whose redundancy might create a vacancy that could be filled by staff at risk of redundancy. The school reserves the right to make the final decision on any application for voluntary redundancy. 5. Selection Method and Selection Criteria In situations where it becomes necessary to affect compulsory redundancies the School will co-ordinate consultation on the most appropriate selection method to be used. Selection methods may include, but are not limited to, desktop selection by pre-determined criteria, competitive interviews or an assessment meeting (where only one person is affected no selection process will be required). The Principal will discuss the proposed selection criteria with any elected staff representatives as part of the consultation process. Selection criteria will be fair and capable of objective measurement. The most appropriate selection criteria for each particular situation will be determined. These criteria will ensure that there remains a balance of skills to meet business needs. The School therefore has absolute discretion, to decide whether any particular member of staff may leave the organisation or not under any redundancy arrangement or agreement. 6. Employees on Maternity Leave or Long Term Sick Women who are absent on maternity leave, regardless of length of service, must not be selected for redundancy for a reason connected with their pregnancy or maternity leave and must be considered for a suitable alternative vacancy. 7. Suitable Alternative Employment / Redeployment During the consultation period effort will be made to seek alternative employment within the school, for which at risk employees may be considered. The employee will be subject to a standard selection process. In deciding suitability of an alternative Page 7 of 11

8 role the whole job must be considered; no single factor is decisive. Factors which may be taken into account include skill/task, net pay, hours of work, time and cost of travelling, working conditions. The terms and conditions which apply will be in accordance with the standard terms of the alternative role. An employee who accepts an offer of alternative employment will be entitled to a trial period of four weeks to ascertain if the post is suitable. The offer of alternative employment can be rejected by the employee if the position is deemed unsuitable. An employee who unreasonably refuses an offer of suitable alternative employment or rejects such employment during or after a trial period may forfeit their right to a redundancy payment. If, at the end of the trial period, the post is considered unsuitable, the employee would then be in a redundancy situation and, therefore, entitled to a redundancy payment if no other alternative employment is available. 8. Assistance in Job Search Subject to business needs, staff will be given permission to take reasonable time off work, with pay, during their notice period to look for work, or seek retraining opportunities, in accordance with current legislation. 9. Redundancy Pay Payment calculations are based on the statutory redundancy scheme and apply the statutory limit on a week s pay. Employee with at least two years continuous service may be entitled to a statutory redundancy payment if they are dismissed because of redundancy. The amount paid is related to the employee s age, length of continuous service and weekly pay up to a capped maximum. The redundancy payment scheme will be in accordance with the current Government guidelines. 10. Modification Order 1999 (Amended 2010) In line with the Redundancy Payments (Continuity of Employment in Local Government) (Modification) Order 1999 and any subsequent amendments, employees may count continuous employment service with local authority associated employers (named on the Order) towards the service requirement for the purposes of redundancy pay only. Employees are responsible for notifying the school of all previous service. The employee is responsible for providing the evidence of this continuous service and the reason for leaving that employment. 11. Procedural Stages The following is intended as a framework and may need to be adapted to suit the needs of each situation. In particular, it may not be appropriate to follow each of the steps in turn or in the timeframes suggested. Therefore, the circumstances of each Page 8 of 11

9 re-organisation will be taken into account in determining the appropriate way of dealing with any potential redundancies Collective Consultation Where 20 or more redundancies are contemplated in a 90 day period at any one establishment consultation will take place with elected representatives as follows: A minimum of 45 days consultation where 100 or more jobs are proposed to be made redundant. A minimum of 30 days consultation where jobs are proposed to be made redundant. As much consultation as is reasonably practical where fewer than 20 jobs are affected. In these circumstances, consultation may be on an individual basis only. Section 188 of the Trade Union and Labour Relations (Consolidation) Act (1992) provides that consultation must take place with a view to reaching agreement. Legislation does not require agreement to be reached, but consultation will be in good faith with a view to reaching agreement. There is a statutory duty to notify the Department for Business, Innovation and Skills when more than 20 redundancies are to be made using form HR1 which will also be sent to authorised representatives. The line manager of the staff affected will seek to commence consultation when the proposals are still at an early stage i.e. before the actual decision to dismiss for redundancy has been made. Collective consultation should have ended before any dismissal notices are issued. Consultation will include provision, in writing, of the following information: The reason for the proposed redundancies The number and categories of employees whom it is proposed to dismiss as redundant The total number of employees of any such description employed The proposed method of selecting employees who may be dismissed (if any). The proposed methods of carrying out the dismissals (if any) The time period over which the dismissals may be carried out The proposed method of calculating any redundancy payments (if known). Consultation will be with a view to reaching agreement about: The best method of achieving the School s objectives Ways and means of avoiding the redundancies Ways of reducing the number of redundancies Page 9 of 11

10 Ways of mitigating the consequences of the dismissals The appropriate selection criteria to be applied and the application of the selection criteria to particular individuals 11.2 Group Consultation The aim of the group consultation will be to identify ways and means of avoiding the redundancies; ways of reducing the number of redundancies; ways of mitigating the consequences of the dismissals; the appropriate selection criteria to be applied and the application of the selection criteria to particular individuals In addition to or, where appropriate, instead of group consultation, consultation will take place with the individuals at risk during which they may be accompanied by their Trade Union representative or a work colleague Individual Consultation Line managers will arrange to meet with staff, on an individual basis, to advise them of the outcome of the selection process. Only the individuals own assessment can be discussed. Where appropriate, an estimate of the redundancy benefits will be provided, and discussed with, the employee. The member of staff will have the right to be accompanied. Where one outcome of the individual consultation meeting(s) is a possible termination. A meeting will be held with a representative of the senior leadership team who will make any final decision. No decision to dismiss will be taken before a full examination of the facts has taken place. If the outcome is a decision to dismiss, this will be confirmed in writing, specifying the reasons for dismissal. This letter will confirm the date on which the employment will terminate, the appropriate period of notice and the right to appeal against the outcome Garden Leave The school reserves the right to place any employee at risk of redundancy on garden leave for all or for a proportion of their consultation and/or notice period. During a period of garden leave it is school policy to suspend all system access and to request the return of all school issued property and equipment during this time. Garden leave is only permitted in exceptional circumstances and must be authorised by the Principal Appeal against Dismissal If the employee considers that the decision taken to terminate employment is unjustified, they may lodge an appeal. The appeal should be made in writing to the Bursar and be received within ten working days of the date of the letter confirming dismissal. Page 10 of 11

11 The letter must give full detail of the grounds on which the appeal is being made. The appeal will be heard by the Principal. The representative from the Senior Leadership Team who took the decision to dismiss may also be present. The decision, and the reasons for it, will be confirmed in writing normally within ten working days of the appeal. If the decision to dismiss is upheld, this will be made clear and the effective date of termination will remain the date of the original dismissal. The decision from the appeal will be final and binding. Ratified by the Discovery School Board of Trustees Chair of the Board of Trustees Signature... Date Print Name... Page 11 of 11