Restructure and Redundancy Procedure Beacon Hill Governing Body

Transcription

1 Schools HR ENGIE & NTC iin Partnership, Quadrant East, Second Floor (Right), The Silverlink North, Cobalt Business Park, North Tyneside, NE27 0BY Restructure and Redundancy Procedure Beacon Hill Governing Body Overview of Procedure POL010B - Restructure and Redundancy Procedure V3 April 2016

2 Please click on relevant Hyperlink in the overview below for the details of the corresponding section of this Restructure and Redundancy Procedure. Planning a restructure Assessment of curriculum/organisational/logistical requirements of the school to determine most effective staffing structure. Assessment of potential posts at risk of redundancy based on preferred structure Where no potential redundancy -follow agreed restructure protocol Where potential for redudancy - follow redundancy process and steps below Avoiding Compulsory Redundancies Instigate a 30 calendar day consultation process in an attempt to avoid redundancies -will include consulting with staff and Trade Union/Professional Associations. Draft criteria for selection will also be consulted upon at this stage. Upon completion, assess alternatives proposed (including voluntary redundancy) and determine any need to progress further with the process Inform staff and Trade Unions/Professional Associations of position and whether there is a need to progress further. Compulsory Selection Process Compile data required to implement agreed selection criteria (e.g. skills audit or sickness data) Hold "selection meeting" to select staff for compulsory redundancy Verbally inform the members of staff concerned of their selection and right to contest this decision. Hearing Against Selection Formally write to staff selected, confirming outcome -this will include a pack of information compiled by the headteacher relating to the decision, together with date/time of the hearing against selection. Panel meet to review decision of the headteacher to select -power to refer decision back to "selection meeting" or confirm selection. Verbally inform the member of staff concerned of their decision and right of appeal against selection (if this is their conclusion) - follow this up in writing. Appeal Against Selection Request for appeal received from member of staff selected for compulsory redundancy. Written documentation from both parties collated and issued prior to appeal Appeal Panel meet to review decision from the initial hearing -power to refer decision back to "selection meeting" or confirm selection. Where selection is confirmed this is the end of the process. Introduction 2

3 101 The detail of this Restructure and Redundancy Procedure at each stage has been developed to emphasise the essential action points required to ensure objective and transparent decision making when considering changes in staffing, operating as it does within the principles contained within the schools policy on Restructure and Redundancy. An overview outlining this Restructure and Redundancy Procedure is provided above as an initial quick reference management tool to accompany this document. 102 It is strongly recommended that this formal document is read in conjunction with additional management guidance provided to schools. Planning a Restructure 201 Where a decision is taken to undertake a whole school review, or indeed a more limited service area review within school, the rationale for any proposals, in particular those that may involve staff displacement, will be based on an overriding duty to provide an effective education to pupils on the school roll. 202 When reviewing the staffing structure of the school the Governing Body recognise the need to ensure an assessment is undertaken of the curriculum / organisational / logistical requirements of the school and how they can best meet this overriding duty to educate our pupils. 203 To undertake such an assessment, as part of routine planning the governing body have delegated to the Headteacher the action of periodic review of these requirements through assessing: Where are we now? Where would we like to be? How do we get there? 204 Having undertaken an assessment of the needs of the school (including financial) the Headteacher, where they have determined there is a need for proposing change to the school establishment, will assess the impact on staffing to determine any potential risk of displacement/redundancy. This will include undertaking an equality assessment to determine impact on stakeholders affected by any proposals. Implementing a Restructure 301 Having determined the potential impact upon staff of proposed restructuring the Headteacher will determine the appropriate method for consultation and implementation of proposals through the following options: 302 No risk of staff displacement - Where no such risk is apparent the restructure protocol agreed with Trade Unions/ Professional Associations, relating to managing consultation arrangements will be followed (see appendix 1). This will involve referring draft proposals to the Full Governing Body (except where such matters have been formally delegated to a committee such as staffing or chair of governors) who will consider the rationale for change and accompanying implementation plan prepared by Headteacher prior to agreeing any proposals for consultation. 3

4 303 Where amendments are proposed, following this consultation, they should be referred back to the Governing Body for approval. Once approved and the decision is notified to the relevant parties this will be the end of the restructure process. 304 Risk of staff displacement identified - However, if as part of the planning process outlined above a risk of staff displacement/redundancy has been identified, the Headteacher will seek advice from their link HR Business Partner relating to the following points, prior to proceeding with the redundancy process as outlined in the remainder of this procedural document. (a) The legal constraints they must work within as prescribed by the employment rights act 1996 and subsequent statutory legislation and guidance relating to redundancy of staff. (b) Identification of the proposed selection pool (this may be a pool of one) (c) The requirement to produce a report for the head of CYPL or their designate to consider LA approval to enter into a redundancy process. (d) The requirement to inform Recognised Trade Unions/Professional associations in good time of a potential redundancy situation. 305 Once agreement is reached with the LA for the Governing Body to proceed with consultation on a proposed reduction in staffing levels of the school, the Chair of Governors will ensure an item is placed on the agenda of the next available Full Governing Body meeting 1 to agree the arrangements for managing a formal redundancy process. Redundancy Process Stage 1 - Avoiding Compulsory Redundancies 401 Following on from the Governing Body meeting above, the formal redundancy process will begin through a consultation exercise relating to any proposed selection pool, draft selection criteria (should they become necessary), as well as options for avoiding any compulsory redundancies. 402 To begin this process the Headteacher will arrange a briefing with staff to run through the rationale for change to the proposed school staffing structure and the implications for staff displacement - inclusive of identified selection pool, draft criteria and compensation package available to displaced staff. 403 Following this briefing the Headteacher will despatch correspondence with final draft proposals, beginning a period of formal consultation of not less than 30 calendar days 2 to the following parties: All Staff employed by the school The Strategic Director of CYPL (or their designate) All recognised Trade Union/Professional Associations 1 It may be necessary for the chair of governors to call a special meeting of the Full Governing Body to ensure timescales for the process are not unduly delayed calendar days is the minimum consultation period for a full restructure where redundancies may take place as per the agreed restructure protocol between schools/la and Trade Unions (see append 1). 4

5 404 During the period of consultation the Headteacher, supported by their Link HR Business Partner will provide workshops and briefings to staff, where requested, both on a group or individual basis as necessary. 405 Following the end of the consultation period the Headteacher will meet with their Link HR Business Partner (within 5 standard working days of the consultation ending) to confirm alternatives to Compulsory Redundancy in the following order: Alternatives to redundancy (non staffing) Alternatives to redundancy (staffing) Confirm selection criteria Voluntary redundancy requests 406 Where sufficient alternative proposals or volunteers are available the redundancy procedure will stop at stage 1 through implementing the following - within 5 standard working days of the above meeting. Staff meeting to inform on outcome Correspondence to staff, Trade Unions/Professional Associations and Strategic Director to inform of outcome. 407 Where there is still a requirement to reduce staffing following a review of the consultation there will be a need to move to stage 2 of the process through implementing the following - within 5 standard working days of the above meeting Staff meeting to inform them of outcome and next steps Correspondence to staff, Trade Unions/Professional Associations and Strategic Director to inform of outcome and next steps. 408 Where at this stage the number of posts within a selection pool is equal to the number of posts at risk, there will be a need to move to stage 3 of the process for such staff. Redundancy Process Stage 2 - Selection for Compulsory Redundancy 501 Depending on the selection criteria and method of selection there may be a requirement to obtain additional information from staff within the selection pool, for example through a skills audit. A period of 10 standard working days will be provided to accommodate this requirement, where necessary. 502 Once the Headteacher has the information required to make a selection based on the agreed criteria they will hold a selection meeting in conjunction with their school Link HR Business Partner and (where appropriate) a school improvement officer (or alternative). 503 The Headteacher will apply the first agreed criteria for selection, and subsequent criteria in turn until appropriate selection can be made. Where the approved criteria are exhausted a default of LIFO (last in first out) will be used, based on date with current employer, having due regard to relevant equalities legislation. 5

6 504 Staff at risk will be verbally informed of the outcome of this selection meeting and given the opportunity to informally discuss their selection with the Headteacher. 505 From the point of initial selection the school Link HR Business Partner will work with staff selected to consider suitable alternative employment as per the agreed redeployment protocol with schools (see appendix 2). Redundancy Process Stage 3 - Hearing against Selection 601 A letter confirming selection for redundancy will be issued within 5 standard working days following the selection meeting. This letter provides details of a hearing with an appointed panel (up to 3 governors with no pecuniary or prejudicial interest in the outcome) to hear concerns relating to selection. 602 The letter will also include documentation relating to the decision to select (inclusive of anonymised selection criteria scores), confirming the date for the hearing (providing at least 10 standard working days notice from dispatch of letter), as well as the opportunity to supply additional information / witnesses (at least 5 standard working days before the meeting) and be represented by a Trade Union/Professional Association representative who is accredited or accompanied by a work colleague. It will also contain the procedural format for the hearing (see appendix 3) 603 Dispatch of this letter to staff will constitute the beginning of stage 3 of the Redundancy Process. 604 The Hearing with the Panel (supported by HR) will include the Headteacher (supported by HR), together with the individual member of staff and their Trade Union/Professional Association representative who is accredited or work colleague. The Employee will, where possible, be informed verbally of the decision, this being followed up in writing within 5 standard working days of the decision. 605 Where the proposal to select is overturned then the matter will be referred back to a further stage 2 selection meeting for review of the process. 606 Where the decision is upheld, the letter to the employee will outline the reasons for the decision and details on their right of Appeal. It will also confirm appropriate notice period and, where applicable details of redundancy and pension. The employee will have 5 standard working days to confirm their decision to appeal their selection for redundancy. The Chair of the Panel will also formally request the school Link HR Business Partner instigate dismissal proceedings, with appropriate notice. Redundancy Process Stage 4 - Appeal against Selection 701 Receipt of a request from a member of staff appealing against their selection for redundancy will constitute the beginning of stage 4 of this redundancy procedure. Following its receipt a letter will be despatched - within 5 standard working days - outlining details of the Appeal as well as the opportunity for the employee to supply additional information / witnesses. At least 10 standard working days notice of 6

7 appeal will be provided, beginning from the dispatch of this letter to the member of staff. 702 The Appeal Panel of 3 different Governors with no pecuniary or prejudicial interest in the outcome (supported by HR) will meet with the individual member of staff and their Trade Union /Professional Association representative who is accredited or work colleague, together with the Chair of the Hearing Panel (supported by HR). The Employee, where possible, will be informed verbally of the decision, this being followed up in writing within 5 standard working days of the decision. 703 Where the proposal to select is overturned then the matter will be referred back to a further stage 2 selection meeting for review of the process. 704 Once a decision has been made relating to a redundancy the school should ensure that they action the termination of contract to ensure any payments are made to employees through normal procedures with their SLA providers. Appendix 1 Protocol for undertaking school restructure Advice should always be sought from your school HR link Business Partner regarding the level of consultation with staff and external trade unions/professional associations. However, it is recommended that such consultation follow the minimum outlined in the options shown below. These options are based on RIG guidance (in relation to option 1), together with locally based agreement (relating to options 2 & 3). 7

8 Organisation Schools within North Tyneside Significant change in structure These refer to change of a whole school restructure - examples could be that of amalgamation of schools or where at least 20% of staff are being directly affected by the proposals. Option 1 Advice to schools would be to undertake a 4-week consultation process. This consultation to be within school to staff and externally to recognised Trade Unions / Professional Associations. Partial change in structure These surround potential revision of the school management structure or specific service areas (including contracting arrangements etc) - or amendment/deletion/addition of TLR posts/ restructure of school office staff etc. Option 2 Advice to schools would be to undertake a 2 week consultation period within school and externally with recognised Trade Unions / Professional Associations. Minor Changes to Structure Minor changes to grading and job descriptions of an individual post/creation of additional post - an example could be the review of the ISR or say job description of the Headteacher to reduction in hours for designated staff or appointment of additional TA etc. Option 3 Advice to school would be to undertake a 1 week consultation with staff and, where recognised, any school based Trade union / Professional Association representatives. Restructure Checklist Headteacher/HR Business Partner assesses the impact of a planned restructure on staff prior to referring draft proposals to the Full Governing Body 3. Full Governing Body considers the rationale for change and accompanying implementation plan for restructure prepared by Headteacher prior to agreeing proposals for consultation Full Governing Body consider the impact of the proposals upon staff, taking account of the advice above, prior to confirming one of the options for consultation. Option Agreed: Option 1 Option 2 Option 3 The Headteacher/HR Business Partner in accordance with the option above will undertake appropriate consultation arrangements as agreed above by Governors. 3 Except where formal delegation has been passed to a governor committee such as the staffing committee or to the chair of governors this committee/chair then takes on the role of the Full Governing Body. 8

9 Appendix 2 Staff at risk - School to School Protocol Identifying staff at risk Advice Schools throughout North Tyneside are recommended to follow these protocols, to endeavour to maintain the employment, wherever possible, of Teachers and Support Staff who have been selected for compulsory redundancy through whole school redundancy procedures. The level of support from the School Link HR Business Partner will be directly proportionate to the service level agreement held by the school. The Education Reform Act 1988, schedule 3 para 2(5) states the Local Authority is empowered to nominate teachers for consideration for any vacancy that occurs in a school for which they are suitably qualified and Governing Bodies are requested to extend this to support staff when considering potentially redundant staff for all appropriate vacancies. The Act also requires schools to notify the local authority of vacancies as they occur. In light of LMS arrangements a school can not be directed to receive a redeployee; however the Council reserves the right to direct an employee at risk to an appropriate comparable post within another of its Directorates. This protocol deals specifically with deployment of teaching and support staff between schools, with regard to other council functions it is recommended that the governing body refer to the Council redeployment policy. HR Procedure Those individuals identified as being at risk will be supported by the School Link HR Business Partner for the school concerned who will arrange support in seeking suitable alternative employment within North Tyneside schools. To help in identifying suitable opportunities staff will be asked to complete an appropriate personal profile form. This will highlight the types of roles that the individual wishes to consider. If requested the School Link HR Business Partner will also discuss with the individual how they may wish to prepare themselves for interview. Identifying alternative posts within North Tyneside Schools Once in receipt of the completed documents the School Link HR Business Partner will forward a summary via of the individuals skills (having obtained their agreement) to all schools with a request that they consider them for all suitable vacancies while they remain at risk. POL010B - Restructure and Redundancy Procedure February 2016 V3 9

10 Employee Services will be asked to advise the School Link HR Business Partner of any teaching and support vacancies submitted at the time of advertisement. Once in receipt of such vacancies the School Link HR Business Partner will forward details to the individual where: the overall package of current pay and conditions is comparable the employee appears from their profile to have reasonable prospect of meeting the requirements of the post Vacancy bulletin The School Link HR Business Partner will discuss with the individual the range of roles they will consider and make arrangements for the individual to receive the vacancy bulletin, as appropriate. Application process The individual will be asked to consider the vacancies, which are available and may be requested to complete an application form tailored to suit each vacancy. The School Link HR Business Partner will contact the appropriate Headteacher and request that they consider shortlisting the individual where the minimum criteria for the post are met. Where the Headteacher believes the individual is unsuitable for the post they will be asked to provide objective evidence of this to the School Link HR Business Partner. Interview stage When short listed, the individual will be expected to attend the interview on their own and will not be supported in the formal interview via an HR Business Partner or their Trade Union Rep/Work Colleague. Where the individual is successful in securing alternative employment they will no longer be considered at risk of redundancy. Where the individual is not successful the school will be asked to provide feedback to the candidate who will remain at risk of redundancy. Trial period A school may agree to offer a vacancy as an opportunity for someone at risk and chose not to follow its normal open recruitment policy. In such a case if both parties are satisfied that the vacancy is suitable then an offer will be made subject to a satisfactory completion of a trial period of a minimum of four weeks. The Headteacher will monitor progress and review with the individual and the HR Business Partner throughout the period. Where either party demonstrates with objective evidence that POL010B - Restructure and Redundancy Procedure February 2016 V3 10

11 the alternative employment is unsuitable the individual may be deemed once again at risk and may be considered for further redeployment/redundancy. Salary determination Where an individual is successful in obtaining a suitable alternative post their salary will be determined as per the application of the statutory teachers pay and conditions document, NJC terms & conditions (the green book) and the new schools own pay policy. Pension Eligibility to the individuals existing pension scheme, i.e. teachers pension scheme, will remain where the new post affords the individual the right to be a member of the scheme. However where this is not the case a transfer to an alternative appropriate scheme may be necessary for example into the local government pension scheme. Training All new post holders entering an organisation should be offered appropriate training and support as determined by the Headteacher in order to fulfil the duties of the post. The individual s ongoing professional development will be catered for through the schools performance management arrangements. Redundancy payment Where the individual is selected for compulsory redundancy and does not secure an alternative post an appropriate payment will be made following termination. If a suitable alternative post has been offered and the employee declines the offer then the redundancy benefits may be withheld. Expectation that the accepting school will fund training costs as with any normal recruitment process. POL010B - Restructure and Redundancy Procedure February 2016 V3 11

12 Appendix 3: Redundancy Hearing & Appeal Procedure 4 suggested format Introductions The Chair of the Panel introduces all parties present and explains how the meeting will be conducted and what is being considered including adjournments, refreshment breaks, expected behaviour, documentation, etc. Presentation By the Headteacher (or Chair of Panel where it is an Appeal). Witnesses 5 called as/where necessary. Please note: where more than one witness is to be called as part of the presentation it is important that all parties are given the opportunity to question each witness Questions The parties may ask questions relating to the presentation give by the Headteacher (or Chair of the Hearing Panel where it is an Appeal) in the following order: Employee (or Trade Union/Professional Association representative or their work colleague) Panel Members Presentation By the Employee (or Trade Union/Professional Association representative or their work colleague). Witnesses* called as/where necessary. Please note: where more than one witness is to be called as part of the presentation it is important that all parties are given the opportunity to question each witness prior to their being excused. Questions The parties may ask questions relating to the presentation given by the Employee (or Trade Union/Professional Association representative or their work colleague) in the following order: Headteacher (or Chair of the Hearing Panel where it is an Appeal) Panel Members Final statements Will be taken in the following order: Headteacher (or Chair of the Hearing Panel where it is an Appeal) Employee (or Trade Union/Professional Association representative or their work colleague) All parties then withdraw to allow the Panel to reach a decision. The supporting HR Business Partner will remain during this stage as will the minute/note taker. The parties may be asked to remain available for possible clarification of matters and be advised of the decision of the Panel. 4 Order of presentations/final statements to be reversed at appeal stage 5 Each witness will be required to attend on an individual basis to answer questions from all parties and are expected to make themselves available to be called for further questioning should this be necessary. POL010B - Restructure and Redundancy Procedure February 2016 V3 12