1 Queen s Croft High School REDUNDANCY AND REORGANISATION POLICY Prepared by: Peter Hawksworth, Headteacher Checked by: Jackie Hesslegrave, Business Manager Adopted by Governors: May 2018 Review Date: Upon the updated policy being commended by SCC or within 3 years whichever is sooner.
2 REDUNDANCY AND REORGANISATION POLICY SECTION CONTENTS 1. Introduction 2. Scope 3. Redundancy Definitions 4. Consultation 5. Disclosure of Information 6. Displacement of Employees 7. Voluntary Redundancy/Retirement 8. Redeployment 9. The Governors Committee Structure 10. Selection Criteria for Compulsory Redundancy 11. Employee Appeals 12. Re-engagement following Redundancy or Early Retirement 13. Further Information APPENDIX 1 - Redundancy & Reorganisation - A Step by Step Guide for Headteachers and Governing Bodies
3 1. INTRODUCTION 1.1. The Redundancy and Reorganisation policy has been developed by Staffordshire County Council (February 2015) and is commended to schools for adoption. It states that the county are committed to ensuring, as far is reasonably possible, a secure and stable working environment through the retention of its finest asset, the employees. Through positive workforce planning, schools will endeavour to maintain the efficiency and effectiveness of service provision in order to safeguard the current and future employment of its employees However, it is recognised that, circumstances may arise that will affect employees within the organisation and some employees may be placed at risk of redundancy. 2. SCOPE 2.1. This policy applies to all school employees Regulations made under the Education Act 2002 give Governing Bodies powers to delegate their power to dismiss to Head Teachers if they so wish. If the Governing Body wish to delegate to the Head Teacher their power to dismiss, then this should be clear at the start of the process. The Head Teacher must ensure that they remain impartial throughout the process. However any appeal would still remain with the Governors Appeals Committee. 3. REDUNDANCY DEFINITIONS 3.1. Employees who have at least 2 years continuous service with any local authority or employer covered by the Redundancy Payments (Continuity of Employment in Local Government)(Modification) Order 1999 (as amended) are entitled to a redundancy payment. If an employee unreasonably rejects an offer of suitable alternative employment they will forfeit their right to a redundancy payment. A redundancy payment will not be paid where, before the end of their employment, the redundant employee receives an offer of employment with the local authority or with a Modification Order employer and accepts and starts the new job within 4 weeks of the date of the redundancy The Employment Rights Act 1996 defines a redundancy situation as one where: The Employer has: (a) ceased, or intends to cease to carry on the business for the purposes of which the employee was employed, either generally or at the place where the employee was employed; or
4 (b) the requirements of the business for employees to carry out work of a particular kind, either generally or at the place where the employee was employed, have ceased or diminished or are expected to cease or diminish Under section 197 of the Employment Rights Act 1996, the non-renewal of a fixed term contract is a dismissal in law. Therefore, employees with over 2 years service whose fixed-term contract is not renewed may be entitled to a redundancy payment Advice should also be sought in regard to any longstanding casual contracts. 4. CONSULTATION 4.1. Where the employer, Queen s Croft High School, is contemplating making changes to its employee establishment that may lead to a redundancy situation, there should be meaningful consultation [refer to Paragraph 3 of Guidance Document, Appendix 1] on any proposals with individual employees affected by the proposal and with the appropriate recognised trade unions. Consultation will involve considering ways of: avoiding proposed redundancies; reducing the numbers to be made redundant; mitigating the consequences of any redundancies. undertaking selection developing any ringfencing arrangements 4.2. Consultation, must begin in good time and in any event : (a) Consultation will be meaningful regardless of the number of employees affected. (b) Consultation must begin at least 30 days, before the first dismissal takes effect where the employer is proposing to make redundant 20 to 99 employees period of 90 days or less. (c) Consultation must begin at least 45 days, before the first dismissal takes effect where the employer is proposing to make redundant 100 or more employees within a period of 90 days or less. You should seek advice from your HR provider as to what Consultation period applies at the time when you are considering making redundancies Consultation must be completed before issuing redundancy notices to employees. 5. DISCLOSURE OF INFORMATION 5.1. There is a statutory responsibility for employers under Section 188 of the Trade Union and Labour Relations (Consolidation Act 1992 (TULCRA) to
5 disclose prescribed information to appropriate representatives. Therefore, the School MUST provide, through a Business Case [Appendix 1], the following information. The Business Case [or S188 as appropriate] is to be provided to the appropriate recognised Trade Unions [Branch Secretaries] and staff during or prior to the consultation period: the reasons for the proposed redundancy; the total number of employees affected by the proposals, including a pre and post restructure organisation chart with names, grades and job titles; the number and description of roles at risk and therefore employees who may be made redundant (either voluntary or compulsory); Job descriptions [old & new, where appropriate] proposed method of selection for redundancy; proposed method of how the redundancies will be carried out including the period over which redundancies are to take effect; proposed method of calculating redundancy pay; the number of agency workers working for the school, and the type of work they are doing Under the Trade Union and Labour Relations (Consolidation) Act 1992, Part IV, Chapter II, the School is responsible for notification of the Insolvency Service, within the Redundancy Payments Service (RPS), if it proposes to make 20 or more workers redundant at one establishment over a period of 90 days or less In such circumstances the School must inform the authority who will issue a formal notification [HR1 Form]. The notification to the Secretary of State must be received by RPS before redundancy notices are issued and at least 30 or 90 days before the first termination date. Timescales will depend upon the number of employees involved During meaningful consultation, the School must consider any representation or counter proposal submitted in writing by affected employees or the appropriate recognised Trade Unions and will reply, within a reasonable period, to any submissions received ahead of the commencement of the selection process. Please contact your HR advisor. 6. DISPLACEMENT OF EMPLOYEES 6.1. Where the proposals involve the displacement of employees the School, in consultation with the appropriate recognised Trade Unions, will seek to avoid compulsory redundancies by considering the adoption of the following measures where practically possible, bearing in mind service constraints, legislation, and the need to maintain services: natural wastage restrictions on recruitment to posts reducing or eliminating other payments, including overtime
6 reducing hours across affected groups of staff to minimise potential redundancies, if they volunteer following appropriate consultation. non-renewal of fixed term and temporary contracts at the point of expiry, for example where an individual has been brought in specifically to complete particular tasks or to cover for a peak in demand. seeking applications for early retirement and/or voluntary redundancy in accordance with the Council policy redeployment in accordance with the Council redeployment policy, with appropriate training if necessary and agreed trial periods. Transfer of employee to other suitable work within the school (with retraining where possible). 7. VOLUNTARY REDUNDANCY/RETIREMENT 7.1. In addition to the above, the Governing Body will consider on a case by case basis requests or may seek volunteers across the full staff group to opt for early/flexible retirement, and/or for voluntary redundancy under the schemes operated at that time. In these instances, whilst the Governing Body will be prepared to consider all requests, it reserves the right to determine release, taking into account current and future operational requirements An agreed selection exercise will be conducted, if required, for example if there are more volunteers than roles which can be vacated. 8. REDEPLOYMENT 8.1. Any employee who is at risk of redundancy will be subject to the provisions for redeployment in place corporately at the time. Legally there is an obligation and responsibility to consider suitable alternative employment for redeployees and conversely, redeployees should show reasonableness in rejecting or accepting any suitable alternative employment The School must consider any other redeployment opportunities within their own school which may be suitable for the at risk employee, and, in addition, should seek redeployment opportunities outside of the school where possible, particularly within nearby/cluster schools within reasonable travel distance The School must provide relevant retraining and redeployment of existing employees into appropriate vacancies where possible to maximise opportunities and minimise redundancies. Appropriate funding will be the responsibility of the employee s originating school. In this event, the School will retain the right to determine the suitability of candidates for retraining and redeployment taking into account all skills possessed by the employees Where appropriate salary protection should be considered in line with the Council policy.
7 9. THE GOVERNORS COMMITTEE STRUCTURE 9.1. Governors must nominate two separate committees (including a Chair for each) as follows: a selection committee to consider a staffing structure and identify staff for displacement; an appeals committee to consider any appeals Where the Head Teacher, Governing Body and/or Selection Committee at a school judge that there is a significant possibility of staffing reductions, they should ensure that the appropriate committees are formed in advance of the process No Governor may be a member of both committees and there should be no discussion between members of the two committees about any decisions under consideration. There should also be no discussion with any other individuals apart from other members of the selection or appeals committee The Head Teacher or other nominated senior member of staff in school can provide evidence and information to each committee in an expert advisor capacity. The Head teacher may be present at both committees and make a contribution to the process, but is not part of the decision making The Council has a statutory entitlement to send a representative to all proceedings relating to dismissals. Any advice offered must be considered by the Governing Body when reaching a decision It could be unethical for staff Governors to be appointed as a member of either committee. Governors should also consider whether it is appropriate to appoint parent governors to either committee The Selection Committee must consist of at least three governors and the appeals committee must have at least as many members as the Selection Committee. It is strongly advised that you seek advice and guidance from your HR provider throughout any Redundancy process This policy should be read in conjunction with the Schools Redundancy and Reorganisation Guidance Document which provides further information on the process which sits beneath this Redundancy & Reorganisation Policy. 10. SELECTION CRITERIA FOR COMPULSORY REDUNDANCY Where it is shown that fewer employees are required in a particular workgroup and changes cannot be achieved by voluntary measures, the Employer, Queen s Croft High School, will consult with recognised trade unions on the method of selection and can either use selection criteria agreed or alternatively selection by competitive assessment, for example, a
8 formal interview process may be used as an appropriate method of redundancy selection When utilising any selection method this will be carried out by the selection committee with advice being sought from the Headteacher or their representative. The application of the criteria must be lawful, objective, fair, reasonable and evidence based [anonymised where necessary] and be applied to all affected employees As part of the consultation the recognised trades unions will be consulted on the process to: Establish the pool of employees from which selection will be made; Establish the relevant selection method, inclusive of criteria and weighting were appropriate It should be noted that employees should not be selected for redundancy purely on the fact that they work under a fixed term contract, unless this can be objectively justified The Governing Body or Head Teacher if nominated will notify those employees selected for redundancy individually and face to face, then confirm in writing. 11. EMPLOYEE APPEALS An employee selected for redundancy will have the right of appeal against dismissal The appeal should be submitted in writing to the Governors Appeals Committee within 10 working days following receipt of written confirmation of the notice of redundancy and the grounds of appeal must be stated The Appeals Committee will consider the case, and the employee has the right to be accompanied at the hearing by a trade union or workplace colleague of their choice. 12. RE-ENGAGEMENT FOLLOWING REDUNDANCY Former employees who wish to apply for future vacancies with the Council or any Schools will be considered in open competition with other applicants in line with normal recruitment practices If employees are re-engaged within 4 weeks, continuity of service will not be broken and employees would be required to return any redundancy pay received. If redundancy pay is not paid back and the employee is made redundant again at a later date, redundancy pay will only be for the remaining service period following re-engagement.
9 13. FURTHER INFORMATION Further advice and guidance on this policy or specific circumstances covered by this policy can be obtained from HR.
10 Appendix 1 Redundancy & Reorganisation A Step by Step Guide for Headteachers and Governing Bodies
11 CONTENTS 1. INTRODUCTION 2. BACKGROUND 3. CONSULTATION - The Legislation - What is Consultation - Timing 4. STEP-BY-STEP GUIDE TO REDUNDANCY & REOGRANISATION - Identify the Drivers for Change - Review Current Structure & Identify the Required Changes - Prepare the Business Case - Present Proposals to Governors for Ratification of Draft Structure - Consultation with Staff and Trade Union Representatives - Collate Feedback and Present to Governors for Ratification of Final Structure - Outcome of Consultation, new Structure and Next Steps - confirming to Staff and Trade Unions - Implementation 1 st Governor Selection Committee - 2 nd Governor Selection Committee 5. SELECTION - Assimilation - Ring-fencing - Redeployment - Appeals 6. FINALISING THE DISMISSAL WITH SHARED SERVICES/PAYROLL 7. REVIEW 8. FURTHER INFORMATION
12 1. INTRODUCTION 1.1 Through robust workforce planning processes, schools should, as far is reasonably possible, secure a stable working environment through the appropriate retention of its finest asset, its employees. Through positive planning, schools should endeavour to operate efficiently and effectively in order to safeguard the current and future employment of staff to the benefit of pupil learning. 1.2 It is recognised, however, that over time, circumstances may arise that will affect educational provision and the staffing levels needed to support its delivery. 1.3 The reorganisation of a school may result from a review of existing and required skills, budget constraints, organisational development and educational and legislative changes. Consequently, this may have an impact on staffing requirements and could lead to a redundancy situation. 1.4 In any school redundancy/reorganisation, the Headteacher and Governing Body must ensure that the situation is managed in a fair, consistent and sympathetic manner to minimise any negative impact and is in full consultation with the employees and appropriate recognised Trade Unions, particularly if redundancies may result. 2. BACKGROUND 2.1 This guide has been produced to assist schools with the application and understanding of the Redundancy & Reorganisation Policy. 2.2 This guide has been developed to reflect current legislation, the recommendations in a wide range of Government documents aimed at ensuring public service excellence and Local Authority policy, some of which are listed below: Local Government Act 1999 Trade Union and Labour Relations (Consolidation) Act 1992 The Information and Consultation of Employees (ICE) Regulations 2004(as amended) Collective Redundancies and Transfer of Undertakings (Protection of Employment)(Amendment) Regulations 1995 and 1999 DTI s Redundancy Consultation and Notification Guidance The School s Redundancy and Redeployment policies School Teacher Pay and Conditions The Employment Rights Act 1996 The Employment Relations Act 1999 School Staffing Regulations 2009 Equality Act Definition of Redundancy Page 36
13 2.3.1 The Employment Rights Act 1996, defines a redundancy situation as one where: The school has: A) Ceased, or intends to cease to carry on the business for the purposes of which the employee was employed, either generally or at the place where the employee was employed. B) The requirements of the business for employees to carry out work of a particular kind, either generally or at the place where the employee was employed, have ceased or diminished or are expected to cease or diminish Under Section 197 of the Employment Rights Act 1996, the non renewal of a fixed term contract is a dismissal in law. Employees with over 2 year s continuous service whose fixed term contract is not renewed may be entitled to a redundancy payment. 3. CONSULTATION 3.1 Each stage of any school reorganisation/redundancy must involve appropriate trade union and collective/individual consultation and be explicit about the impact on, and implications for, employees. 3.2 The Legislation It is important that Headteachers and Governing Bodies are aware of their legal obligations under the Information and Consultation of Employees Regulations These Regulations give all employees the right to be informed and consulted about matters that affect their employment and the organisation they work for. These include reductions in staffing levels and substantial changes in work organisation or contractual changes The Court of Appeal ruled that fair consultation means: Consultation when the proposals are still at a formative stage; Adequate information on which to respond; Adequate time in which to respond; and Conscientious consideration by an authority of a response to consultation 3.3 What is Consultation? Consultation is not just about informing employees of the school s intentions. It must be a two-way process that identifies any anticipated measures to be taken by the school and the employee s right to respond.
14 3.3.2 Consultation can provide a channel through which employees can contribute their knowledge and experience to the School, and so lead to better decisions and an improved quality of education provision. It can also give employees confidence that their interests and point of view will not be overlooked when important decisions are taken about the school, particularly when this is likely to affect their future employment prospects Effective consultation does not compromise a Headteacher s or Governing Body s ability to manage or make challenging decisions. However, consultation means that they must consider the views of their employees before reaching any final decisions Employees and trade union representatives must have the right to respond to any consultation, with appropriate mechanisms in place for their concerns to be responded to The Local Authority is bound by collective bargaining facilities which means that decisions affecting employees' terms and conditions, whether or not in a trade union, are negotiated with trade unions on behalf of the group of employees affected. This does not mean that individual employees should not be involved in the process. In fact, it is vitally important that all employees have their views considered, including staff who are currently not in the workplace (i.e. on maternity/paternity leave, long term sick or on secondment). 3.4 Timing One of the hardest aspects of establishing meaningful consultation is deciding when to consult. If employers consult too early they risk raising concerns unnecessarily and wasting time discussing potential developments that have little chance of becoming reality. However, trust in the process will be lost if employees and their representatives feel there has been a failure to consult early enough. Failure to consult at an early enough stage is also likely to damage employee relations Meaningful consultation takes place from the earliest appropriate opportunity and continues throughout every stage of the process. 3.5 Further advice and guidance on when and how to consult with employees can be obtained from the school s HR provider. 4. THE STEP BY STEP GUIDE TO REDUNDANCY & REORGANISATION 4.1 A school redundancy/reorganisation can vary in scale and impact but in all cases will create a period of change and uncertainty for the employees concerned. No two restructures will follow exactly the same process or timetable due to individual factors.
15 4.2 Consultation and communication throughout the whole process is crucial. It is important to have a communication strategy in place that identifies how the whole process will be communicated and to whom. 4.3 IMPORTANT In addition to seeking advice/guidance from your HR provider, the County Council should be informed at the earliest stage of any proposed restructure, redundancy or reorganisation in order to ensure compliance with legislation [S.14 School Staffing Regulations] or relevant terms and conditions of employment that may affect the staff concerned and protect the organisation against future litigation and claims being made to an employment tribunal. This will be achieved by the school providing Corporate HR with a copy of the Business Case [or S188 as appropriate] when it is issued to trade unions and staff. 4.4 The process followed will vary depending on the nature and size of the review/restructure but should cover the following steps; STEP ONE Identify the Drivers for Change Considerations - why is change being considered - how will it contribute to the school development plan - where does it fit within education as a whole - what are the projected outcomes STEP TWO Review Current Structure and Identify the Required Changes Consider what staffing structure will be needed to underpin the changes required Consider present structure and identify which posts are still required, which posts need changing and which posts, if any, need removing from the structure. Prepare a structure chart reflecting the proposed model. Design new job descriptions and person specifications for new roles and for those that have been subject to change For support staff roles, any new or amended posts should be subject to job evaluation and reference must be made to the comprehensive archive of profiles before establishing a new one. Identify budget implications of proposed structure Notify the County Council of the proposal to restructure when issuing the Business Case to trade unions and staff. STEP THREE Prepare Business Case The consultation document [Business Case] will form the basis of discussion with staff and Trade Unions on any proposed restructure. It is important that this document contains all relevant information and clearly identifies the
16 staffing implications for any proposed changes. The document, as a minimum, should include; Briefing Paper including rationale for change and staffing implications including the process for appointing to posts in the new structure Copy of old structure chart Copy of proposed structure chart Existing job descriptions and person specifications including grades Proposed job descriptions and person specifications including grades Budget breakdown If staff reductions/redundancy, the proposed selection process/criteria, agreed by the Selection Committee (see Selection Criteria below). All information as prescribed by Section 188 (satisfying the requirement to consult on specific information regarding the redundancy process). HR1 form issued by the authority, if required (a form for giving the Secretary of State advance notice of collective redundancies of 20 or more employees). Implementation timeline/flowchart (please seek advice from your HR Provider to ensure that the time allowed between each stage is adequate) Any other relevant information e.g. numbers on roll which has influenced the need for change From 1 st October 2011 the Agency Workers Regulations came in to force and gave Agency Workers rights after 12 weeks in post. The regulations stipulate that the information provided to Trade Union or Employee Representatives by an employer when embarking on a consultation exercise with regards to a collective redundancy process must now include details of; The total number of agency workers working temporarily in the school and under its supervision. Where in the school they work What type of work they do This information must be included in the consultation Business Case. Failure to do so may result in a claim on the basis of failure to provide the necessary information for consultation. STEP FOUR Present Proposals to Governors for Ratification of Draft Structure Governors must agree the proposal before consultation commences with staff. Headteachers should refer to the Terms of Reference for their Governor Committees to ensure ratification by the appropriate group e.g. Personnel Committee. Discussion regarding the proposals should be fully minuted for audit purposes.
17 STEP FIVE Consultation with Staff and Trade Union Representatives Invite staff and appropriate Trade Unions colleagues [Branch Secretaries of recognised unions] to first formal consultation meeting. Adequate notice should be provided. If possible, offer two dates, and confirm that one date will be selected based upon maximum availability. Schools must ensure that any member of staff absent due to sickness, maternity, paternity, secondment or suspension is fully included in this process (for specific advice on communicating with staff under suspension contact your HR provider). Consultation will run for a period in line with paragraph 4.2 of the policy. During consultation, the Headteacher should offer 1-1 meetings with affected staff to discuss the proposals and allow appropriate representation and should also respond to any written feedback from staff or trade union colleagues. 1-1 meetings should be minuted and a copy provided to the employee. If the proposals include potential redundancies, expressions of interest for voluntary redundancy, early/flexible retirement and flexible working should also be requested at this stage. STEP SIX Collate Feedback and Present to Governors for Ratification of Final Structure Headteachers should refer to the Terms of Reference for their Governor Committees to ensure ratification by the appropriate group e.g. Personnel Committee, Redundancy Selection Committee. Full consideration and discussion of the feedback should be noted along with agreement to any changes to the proposals and ratification of final structure. Dependant upon the nature and extent of any changes made to the proposal as a result of consultation feedback, it may be necessary to undertake a shorter period of further formal consultation on these revised elements. STEP SEVEN Outcome of Consultation, New Structure and Next Steps confirming to Staff and Trade Unions. Once the final structure is ratified by Governors, confirm in writing to trade unions and employees: That consultation has closed, what decisions were made and who was present at the meeting Any significant feedback to date (i.e. detailing the considerations given to proposals made during consultation, what has been accepted and what has been rejected and why) Any changes as a result of consultation What the final structure is
18 Confirm the selection process/criteria (if appropriate) Ensure communications continue It is also advisable for the Headteacher to meet with individuals directly affected by the outcomes to confirm the specific arrangements in relation to their role. STEP EIGHT Implementation 1 st Governor Selection Committee NB this is not the first time the Selection Committee will have met, but is the first meeting at which they consider selection decisions. Consider any applications for Voluntary Redundancy, Flexible Working or Early Retirement on a case by case basis against an agreed framework e.g. skills, school needs, cost, etc. This will provide a business justification for any decisions reached. An agreement should be reached in principle as to whether the requests are to be agreed. In the event that the required staffing reductions cannot be achieved through voluntary applications, then the agreed selection criteria or method of selection will be applied. Assimilate (slot-in) employees into the revised structure where appropriate If appropriate, ring-fence specific posts for competitive selection process (For further information on assimilation and ring fencing, please refer to the guidance for Selection in section 5 below) If current posts no longer exist in the new structure, redeployment and redundancy must be considered and the full financial implications, including salary protection, where applicable. It is important that in the event of any proposed redundancies, consideration is given to the notice periods for dismissal as this may vary for each employee. It is advisable that any proposed timeline is developed with these dates in mind. All meetings relating to redundancy selection should be comprehensively minuted and the notes retained for audit purposes in the event of future challenge. STEP NINE 2 nd Governor Selection Committee Meeting two of the selection committee is either:- In the event that a competitive interview process has been conducted, to seek ratification of the outcomes from Governors. This should be done through sharing specific feedback from the interview process. OR; To apply the agreed selection criteria. Any discussions around scoring and the award of points must be minuted and retained for audit purposes.
19 Upon conclusion of this meeting, the Governing Body and Headteacher will know which individuals have been placed at risk of redundancy due to their selection via either interview or criteria. The Chair of the Governors Selection Committee and/or Headteacher should inform each individual face-to-face that they have been selected for redundancy, including an outline of the reasons for selection. Individuals should also be informed in writing of their dismissal by reason of selection for redundancy and of their right to appeal, refer to section SELECTION 5.1 The Committee making any selection for restructures or redundancy will need to provisionally agree draft selection criteria or the principles of an interview process for selection. Consideration needs to be given to the wider staff group rather than those staff in a specific subject area or department. For example, Teaching Assistant staffing reductions from an English Department may include Teaching Assistants from across the whole school. However, when looking across a group of staff, the Selection Committee must be mindful of grading issues that would need to be addressed, possibly by pooling or ring-fencing. Confirmation of the approved selection process, and agreement as to who will assume responsibility for selection decisions must be minuted. 5.2 Selection criteria should be non-discriminatory (either directly or indirectly), transparent, equitable and objective. It is advisable to undertake an equality impact assessment in relation to any criterion. It must be possible to measure all employees against the criteria proposed and evidence the outcomes. Each criterion should be awarded a point score and the chosen scoring system should also be consulted upon. Advice from the schools HR provider should be sought. 5.3 The selection process resulting from a restructure/redundancy should follow the policy and principles of the school s recruitment procedures, applying equity and fairness to all employees affected by the restructuring process. 5.4 Selection should be undertaken in a structured and systematic way, with individual letters being developed for all affected staff informing them of the details, this includes :- Times and locations of interviews Details of any other exercises to be undertaken e.g. presentation, intray exercise, test. Details of the Governors selection panel. 5.5 Reasonable adjustments should be made to the process for employees on maternity leave, long term absence, secondment or who has a disability under the Equality Act 2010.
20 5.6 Assimilation Assimilation is the slotting in of employees who are currently undertaking a similar role (at the same grade) to the proposed new roles In order to determine whether a post holder should be slotted-in, the Headteacher [in their advisory role to Governors], in consultation with their designated HR provider, will consider the old and new job descriptions and person specifications, grades and come to a view on the proportion of similarities and differences and decide whether or not assimilation will take place. The Governor Selection Committee will agree assimilations. 5.7 Ring-fencing Ring fencing is where applications for posts are limited to employees who are at risk, the pool Ring fencing has two tiers, as follows: When there are fewer jobs than there are people i.e. a reduction in the number of Teaching Assistants leads to all existing postholders being ring fenced to the roles available in the new structure. Where an at risk individual undertakes a similar but not identical role to that available in the structure Headteachers [in their advisory role to Governors] will need to consider what level of ring fencing is applicable to each post in consultation with their designated HR provider. 5.8 Redeployment An employer has a legal responsibility to try and mitigate against an individual selection for compulsory redundancy. An employee of a school has the right to a maximum of 12 weeks on redeployment. This could be longer however should formal notice of redundancy be issued earlier. Please refer to the schools redeployment policy for the application of this process. 5.9 Appeals An employee selected for redundancy has the right to appeal against their dismissal. The appeal should be submitted in writing to the clerk of the Governing Body [for the attention of the Chair of the Appeal Committee] within 10 days of written confirmation of notice of redundancy being received. The grounds for appeal must be stated. Arrangements for the Appeal Committee to hear the case must be made, and an employee should have at least 5 working days notice of the date. This meeting should be comprehensively minuted and the notes retained for audit purposes.
21 6.0 FINALISING THE DISMISSAL WITH SHARED SERVICES/PAYROLL Please note: In the event that a school terminates the employment of a staff member on the grounds of redundancy, the following payroll termination processes will need to be undertaken. These processes are; Termination/Leavers form this should contain details of last day of service and confirmation of the value of any redundancy payment. (Please contact Pensions for these figures). It should also include any outstanding leave owed, if applicable and any pay in lieu of notice arrangements that may have been agreed. In order to ensure the redundancy payment is actioned a SRed form must be completed, authorised and submitted to Pension Services. If the member of staff is accessing their pension, the school will need to request the appropriate pension forms. These forms should be completed and returned to Shared Services. For individual pension s advice, employees should contact their pension provider, i.e. Teachers Pensions or Staffordshire Pensions. 7.0 REVIEW 7.1 Once the new structure is in place, set a review period to ensure that the business reasons for undertaking the changes are being achieved. Identify any non-achievement or under-achievement of objectives Decide upon any follow-on actions Set a review date Once the process is complete the management and monitoring will move to the school s internal management processes. 8.0 FURTHER INFORMATION 8.1 For further information regarding redundancy and redeployment processes in schools please refer to your designated HR provider
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Redundancy and Redeployment Policy Date approved: 15 July 2015 Approved by: Executive Board Review date: July 2018 Responsible Manager: Head of Human Resources Executive Lead: Group Director (HR and OD)
TRUST REDUNDANCY AND RESTRUCTURING POLICY AND PROCEDURE Issued: April 2016 Reviewed: August 2017 Next Review Due: August 2018 Page 1 of 9 Introduction The purpose of this policy is to provide a consistent
ORGANISATIONAL CHANGE POLICY 1. Introduction 1.1 As the needs and expectations of students, funding bodies, stakeholders and partner organisations change, there will inevitably be the need to remodel service
Thinking Schools Academy Trust Transforming Life Chances Restructure & Redundancy Policy This policy was adopted on September 2015 The policy is to be reviewed on September 2020 Page 1 of 21 Page of Contents
BISHOP WORDSWORTH S SCHOOL INTRODUCTION REDUNDANCY PROCEDURE 1. The Governing Body seeks to ensure, as far as possible, security of employment for employees by forward planning. However, it is recognised
MANAGEMENT OF CHANGE POLICY Rev Date Purpose of Issue/Description of Review Date Change 1. 2 3. Policy officer Senior Responsible Officer Approved By and Date Equality Impact Assessed and date Director
REDUNDANCY POLICY 1) Introduction Chesterfield Borough Council is committed to ensuring that wherever possible, employees enjoy continuity of employment. However, the Council recognises that changes in
The Skinners School Redundancy and Redeployment Policy 1. Introduction 2. Definition of Redundancy Situation 2.1 Procedure - Stage 1 Determining that a potential redundancy situation exists. 3. Consultation
Human Resources Redundancy Standard Operating Procedure Document Control Summary Status: Replacement Version: V1.0 Date: January 2017 Author/Title Owner/Title Sarah Guy, Workforce and Development Manager
Appendix 1 Organisational Change, Redundancy and Redeployment Policy and Procedures Document Control Date of Last version November 2010 Latest review August 2013 Name of Reviewer Susan Gardner- Craig Consultation
POLICY AND PROCEDURE FOR REDUNDANCY AND RESTRUCTURE IN SCHOOLS Adopted from Wokingham Borough Council s Model Policy Policy Last Reviewed: March 2017 Approval Minuted: Resources Minutes 23/3/17 Date of
Glenwood School Redundancy Procedure May 2018 Service AMENDMENTS May 2018 No material changes to procedure. 5. Data Protection Insertion of new clause covering data protection. This Model Policy was originally
Implementing Change (Redundancy & Restructures) Policy Further advice and guidance on this policy can be obtained from your HR Business Partner or the HR Helpdesk firstname.lastname@example.org
Registered Redundancy Policy References Other CLC policies relating to this policy Promoting Equality and Fair Treatment at Work Disciplinary Policy Wellbeing at Work Policy Staff Handbook Management of
Redundancy Policy 01 September 2016 Version Control Current version Previous version 01 Sep 2016 21 Apr 2016 21 Apr 2016 14 Apr 2016 Summary of changes made The payment for compensation for loss of hours
LONGLEY PARK SIXTH FORM COLLEGE REDUNDANCY POLICY AND PROCEDURE Originator: Human Resources Manager Date of Last Approval: 21 March 2012 Approval/review by: Resources Committee Review interval (years):
Southend East Community Academy Trust Strong Partnerships, Strong Community, Strong Schools Redundancy Policy and Procedure September 2018 REVIEW: BI-ANNUAL TARGET: ALL STAFF Status : Statutory Next revision
Academy Redundancy Policy Consultation Period: 21 st September 2015 11 th December 2015 Date Approved by NET: 16 th December 2015 Next Review Date: Under Review Redundancy Policy Contents Page 1. Introduction
Redundancy and Organisational Change Policy Date Published June 2016 Version 1 Last Approved Date 9 th June 2016 Review Cycle 3 Years Review Date June 2019 Learning together; to be the best we can be 1.
Redeployment Policy 1. Policy Statement 1.1. Teesside University recognises that continuous improvement and innovation will enable the University to meet ongoing transformation and challenges in the Higher
Redundancy and Variation to Contract Policy and Procedure September 2017 Office use Published: September 2016 Reviewed: September 2017 Next review: September 2018 Statutory/non: Non Statutory Lead: Gary
Redeployment Policy & Procedure Version 2.0 Important: This document can only be considered valid when viewed on the PCT s intranet/u: Drive. If this document has been printed or saved to another location,
St Thomas Primary School Redundancy Policy Date adopted 15 th May 2008 Version January 2008 Last Reviewed 10 th March 2010 Review Cycle Annual Revision Ref Author/Owner Personnel Committee SCHOOLS MODEL
SECURITY OF EMPLOYMENT (REDUNDANCY POLICY) The purpose of this policy is to detail the way in which Transport for the North (TfN) aims to maintain and enhance the efficiency and financial sustainability
Redundancy and Restructuring Policy Date of adoption: 01.09.2018 Date to be reviewed: 01.09.2020 AS Introduction This policy applies to all employees of Spencer Academies Trust. The Trust Scheme of Delegation
Registered Redundancy Policy References Other CLC policies relating to this policy Promoting Equality and Fair Treatment at Work Disciplinary Policy Wellbeing at Work Policy Staff Handbook Management of
Organisation Change and Redundancy Policy (For School-Based Employees) Adopted from LBWF Policy) Written by: FGB/ Local Authority Adopted by the Governing Body: Spring 2016 To be reviewed: Every 2 years
SCHOOLS MODEL REDUNDANCY POLICY This Model Redundancy Policy is provided for all maintained schools for consideration for adoption by their Governing bodies. Headteachers of schools that purchase Personnel
Human Resources Redundancy Procedure Approved by the Finance and General Purposes Committee [Date] draft redundancy procedure v5.docx Contents Introduction and Purpose of the Procedure... 3 Scope of the
The Diocese of Chelmsford Vine Schools Trust Redundancy and Restructure Policy This policy is a mandatory policy for all Vine Academies and must be implemented with no amendments. 1 P a g e The Diocese
Policy and Procedure on Contracts of Employment 1. Scope This policy clarifies the types of contracts that the University uses for different working arrangements and explains the use of fixed term contracts
Organisational Change Policy & Procedure Document Type Author Owner (Dept) Organisational Change Policy and Procedure Senior Management Team Human Resources Date of Review July 2013 List of Contents Page
1. Introduction The Forestry Commission (FC) is committed to taking all practical and reasonable steps to avoid or, if that is not possible, minimise the need for compulsory redundancies. This procedure
LONDON BOROUGH OF BARKING AND DAGENHAM Children s Services Department PROCEDURE FOR HANDLING REDUNDANCIES IN SCHOOLS Children s Services Department Town Hall Barking Essex IG11 7LU INTRODUCTION As an employer,
REDUNDANCY PROCEDURE This procedure should be read in conjunction with: Employee Relations Appeals Procedure 1. INTRODUCTION We recognise the contribution of our staff towards the achievement of our strategic
Reorganisation and Redundancy Policy for Further Education employees Academy Transformation Trust Further Education (ATT FE) Policy reviewed by Academy Transformation Trust and consulted on with unions.
Constantine Primary School Redeployment and Redundancy Policy Preamble Our school policy is derived from the Model Redeployment and Redundancy Policy of the Cornwall Local Authority, with no amendments.
Managing Change Policy 1. Introduction Schools and other Educational Establishments are continuously required to review the way in which they provide education and services. This policy sets out the principles
APPENDIX 1 Restructure Policy and Procedure Version & Policy Number Version 2.0 Guardian Carol Snell Date Produced October 2015 Next Review Date October 2018 Approved by SMT 26 October 2015 Approved by
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
Redundancy Avoidance Policy 1. Introduction Aberystwyth University is committed to ensuring continuity of employment for employees and strives to avoid compulsory redundancies wherever possible. It also
Redundancy and Restructuring Procedure Adopted by Directors: June 2017 To be reviewed: June 2020 HEARTS Academy Trust is committed to providing a happy, caring and safe learning environment for all within
Model Redundancy Procedure for Schools Reference: HRR001 Version No: 1.3 Issue Date: Document Control Document Ref: HRr001 Date Created: March 2013 Version: 1.2 Date Modified: March 2013 Revision due Author:
POLICY/ PROCEDURE Security Classification OFFICIAL Disclosable under Freedom of Information Act 2000 Yes POLICY TITLE Management of Organisational Change REFERENCE NUMBER A001 Version 2.1 POLICY OWNERSHIP
Holy Trinity C of E Primary Academy Vision Statement Inspired by and rooted in Christian values and teachings, Holy Trinity CE Primary Academy will provide a caring, sharing environment which affirms the
OWLS Academy Trust Guidance on Fixed Term Contracts Adopted by The OWLS Academy Trust on 28/11/2016 to take effect 01/01/2017 Next Review Due Policy developed by HR Services Phone: Email: Web: Twitter:
AGENDA ITEM: 5(c) Management of Change Policy and Procedure Review Date: September 2006 Reviewed by: Head of Employment Services 1. Introduction & Policy Statement The Trust aims to provide job security
Redundancy Policy and Procedure Redundancy Policy & Procedure Issued: Oct 2007 - updated: October 2015 Ratified by Full Governing Body of St Peter s School on 14 October 2015 1 ST PETER S SCHOOL REDUNDANCY