Managing HR in schools appendix 9: Redundancy
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1 Managing HR in schools appendix 9: Redundancy Appendix 9a: Redundancy draft letter Draft letter from the governing body to the relevant recognised trades unions advising of a potential redundancy situation Potential Staff Redundancies I write to advise you that, having reviewed our staffing requirements, we have identified a need to restructure and reorganise the caretaking/cleaning provision and this will result in a reduction in the number of staff currently employed at the school. At this time we are not certain that the required reduction can be achieved by natural causes or voluntary means, although we will of course continue to explore these possibilities. Details of the proposed reduction are as follows: 1. Reasons for redundancy 2. The number and descriptions of posts to be dismissed 3. The total number of employees of any such descriptions employed at the school 4. The selection criteria to be used 5. The method of carrying out the dismissals, including any agreed procedure and the intended date of dismissal 6. The method of calculating the amount of any redundancy payments to be made to employees who may be dismissed 7. Strategies to be adopted in order to avoid dismissals 8. Strategies to be adopted in order to reduce the number of employees to be dismissed 9. Strategies to be adopted in order to mitigate the consequences of dismissal We are undertaking this consultation process in accordance with legislation and with a view to reaching agreement with yourselves. I should be grateful, therefore, if you could please let me know within 14 days of the date of this letter if there are any other details you require or if you have any comments you wish to make. Chair of Governors 1
2 Appendix 9b: Redundancy selection criteria 1. Determine the department, section or group within the establishment that has surplus staff, using a restructuring and reorganisation plan. 2. Within that department, section or group, determine the requirements of the school and the suitability including experience and qualifications, of those individuals within the group at risk. A judgement then needs to be made as to which staff have the skills that best meet those requirements. The selection criteria will be fair and objective and may include the following: No criteria will be employed that may be deemed of a qualitative nature or that links to the performance management system. 3. In the event of surplus staff not being clearly identified as a result of the judgements made under paragraph 2, consideration will be given to length of continuous service with the school. Under normal circumstances, the governing body will select the individual with the shortest service. The above mentioned criteria will be applied in the context of the current school strategic plan incorporating the identified staffing structure and the needs of the school. 2
3 Appendix 10c: Draft letter Draft letter from the headteacher to a member of staff inviting them to the meeting of the staff committee With reference to our meeting on... I confirm that, on the basis of the selection criteria previously adopted by the governing body, I shall regretfully be recommending to the staff committee that your post is surplus to the school's requirements. You should be aware that you have the right to attend this meeting, which will be held on... and that you also have the right to be accompanied by a friend or a trade union representative if you are a member. I should be grateful if you would let me know if you will be attending on... and whether or not you will be accompanied. Please let me know if you require any further information. I attach a copy of the redundancy procedures, which explains the opportunities that you will have to support your case. Headteacher 3
4 Appendix 10d - Procedures Procedure for the meeting of the staff committee of the governing body to consider the application of the selection criteria. 1. Headteacher presents his/her case 2. Member of staff or representative asks questions of a factual nature of the headteacher 3. Governors ask questions of a factual nature of the headteacher 4. Member of staff or representative presents his/her case 5. Headteacher asks questions of a factual nature of the member of staff 6. Governors ask questions of a factual nature of the member of staff 7. Headteacher offers summary of his/her case 8. Member of staff or representative offers summary of his/her case 9. Member of staff and headteacher withdraw to allow the governors to discuss the matter and come to a decision 10. Both parties are invited back to the meeting to hear the governors' decision, which is then confirmed to the individual in writing 4
5 Appendix 10e: Draft letter Draft letter from governors to a member of staff who has been selected for redundancy As you are aware, the staff committee of the governing body met on... to consider further the future staffing needs of the school and, in particular, how the planned reductions are to be achieved. Having applied the criteria previously agreed by the governors (a copy of which has been supplied to you), and having considered your statement to us on the matter, I must reluctantly inform you that the staff committee has decided that your post should be withdrawn from the school's staffing structure with effect from... It has also been agreed that you have been correctly selected from the at risk group using the aforementioned criteria. I wish to draw your attention to your right of appeal against this decision. If you wish to exercise your right of appeal you should do so in writing to the clerk to the governing body within seven working days of receipt of this letter, indicating the grounds on which your appeal will be based. If no appeal is lodged by you by the due date, the governing body will be advised of the staff committee's decision and be asked to issue you with notice of dismissal by reason of redundancy. As you are aware, even if this happens, the governors will continue to use their best endeavours to help you to find suitable alternative employment and the staff committee hope that this will prove possible. I understand that, if you wish, the headteacher is able to provide you with an estimate of benefits if you have not received one. Should you have any queries with regards to the contents of this letter, or if you are unclear as to any aspect of the procedures outlined, I should be grateful if you would raise your concerns initially with the headteacher. Chair of the Staff Committee 5
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