SCHOOL REORGANISATIONS A MODEL PROCEDURE FOR THE APPOINTMENT OF STAFF

Transcription

1 Otoer 2003 Version 1. Doument Referene B SCHOOL REORGANISATIONS A MODEL PROCEDURE FOR THE APPOINTMENT OF STAFF 1 Purpose 1.1 This proeure is intene to provie a framework for hanling the staffing arrangements in shool reorganisation situation where a new shool is estalishe as a onsequene of the losure of two or more existing shools, provie that the LA is the employer of staff in eah of the shools affete. Different legal provisions apply where the reorganisation involves Voluntary Aie shools ut many of the same priniples may e applie. Where the reorganisation involves a hange of employer the provisions of TUPE will apply. 1.2 The proeure reommens the steps that shoul e followe y the temporary governing oy in estalishing the staffing requirements of the new shool. The LA reognises that the staff employe within the shools iretly affete y a reorganisation proposal will hol a range of skills, experiene an expertise on whih the new shool(s) will nee to uil. This proeure seeks to provie the least possile isturane to staff onsistent with euational effiieny. 2 Status an Appliation 2.1 Appointments to the new shool are the responsiility of the temporary governing oy who may exerise the normal employment powers of a loally manage shool. Whilst the aeptane of this proeure therefore epens upon the agreement of the temporary governing oy for the newly estalishe shool, the LA an the traes unions will expet suh agreement to e given. 2.2 The LA will present this proeure to the outgoing governing oies for enorsement an reommenation to the temporary governing oy for the new shool. In aition the LA will request the ooperation of the outgoing governing oies in any arrangements (eg training requirements) assoiate with the estalishment of any new shool. 2.3 The outgoing governing oies must also etermine that the urrent staff will ease to work at the shool from the ate of losure an notify eah iniviual aoringly. Current Euation legislation enales staff to make representations an appeal at this stage, an if neessary appropriate arrangements must e mae aoringly. However, in pratie suh representations are unlikely to our.

2 2.4 The LA will request the temporary governing oy to aopt this proeure at the earliest opportunity an will arrange for staff an unions to e informe aoringly. In the event of this proeure not eing aepte, the temporary governing oy must make its own arrangements to negotiate a proeure with the staff an traes unions affete an may e alle upon to meet any oligations (inluing finanial osts) arising from any failure to satisfy employment responsiilities 2.5 The staffing arrangements esrie elow will apply to all permanent staff employe y the LA who hol posts in the shools faing losure. Temporary staff who have een in post for 2 years or longer ue to the propose reorganisation will also e inlue. Prior to appointment eisions eing mae the LA will pulish a list of staff to e inlue as ring fene priority aniates within the following proeure an will onsier any representations from iniviuals or their union representatives regaring ontratual or graing status. 3 Proeure 3.1 Introution The stages outline in this proeure will e followe in a sequential manner. However, ue to time fators or other onsierations ertain moifiations may sometimes e neessary. The temporary governing oy an/or LA will onsult staff an unions with regar to any signifiant variation. 3.2 Appointment of Heateaher a This will e unertaken y the temporary governing oy who will prepare the avertisement an employee speifiation for the post in onsultation with the LA. e The post will normally e avertise nationally to omply with the requirements of Euation legislation (see footnote). The speifiation for the post must not inlue riteria whih will inhiit onsieration of the Heateaher(s) affete y the reorganisation. Where an appliation is mae, any sustantive Heateaher(s) of the affete shools will e inlue on the short list for the vaany an will e interviewe aoringly. Interviews an any other seletion tests will e arrie out y an appointment panel nominate y the temporary governing oy. Wherever it is pratial to o so, the Heateaher esignate will take up appointment one term prior to the opening of the new shool. 3.3 Staffing Struture

3 a The Heateaher Designate will raw up a propose staffing struture for onsieration y the temporary governing oy at the earliest opportunity. The raft struture together with any other relevant etails of the appointment arrangements will e irulate to staff an unions for information an omment an to traes unions as part of the onsultation proess. Consieration will e given to any oservations mae y staff an/or unions an appropriate responses given. The staffing struture shoul have regar to: - the urriulum, organisational an management nees of the new shool - the ugetary provision - the availaility of existing staff an to proteting their employment - the ontinuity of euation provision for pupils an others in the shool ommunity. Where the numer of posts in the new struture is less than the numer of staff who may e seeking appointments or where there are other speial onsierations (eg geographial reloation), the LA may invite appliations for voluntary reunany/premature retirement from relevant staff an if appropriate will make formal offers of termination with severane payments in aorane with the LA s urrent poliy. Other means of avoiing potential reunany suh as voluntary reution of hours or jo sharing will also e explore, as appropriate. Other than Heateaher an Deputy Heateaher(s), there will e no external avertising or reruitment until the employment position of the urrent staff of the affete shools has een resolve. Any exeptional ases will e sujet to prior onsultation with the staff an unions (eg a speialist post for whih there is no availale aniate within the ring fene staff). 3.4 Appointment of Deputy Heateaher(s) Where the staffing struture provies for one or more posts as Deputy Heateaher the vaany(ies) will normally e avertise nationally as for the Heateaher s post (see footnote). The appointment arrangements will also follow the same priniples as esrie in 3.2 aove exept that the appointment(s) will ommene from the opening of the new shool. A isplae Heateaher will e given priority onsieration alongsie any Deputy Heateahers from the affete shools. 3.5 Appointment of Staff (other than Heateaher an Deputy Heateaher)

4 a All staff (inluing where appropriate any isplae Heateaher(s) or Deputy Hea teaher(s)) will e invite to express an interest in posts availale in the new shool y ompleting one or more of the following: i a preferene form to iniate the post(s) for whih onsieration is sought an any other relevant onsierations (eg maximum/minimum hours of part time work) ii an appliation form/personal etails in orer to provie asi akgroun information for the Heateaher esignate an temporary governing oy. iii aitional etails in support of speifi posts (eg teaher seeking posts of responsiility). e f g h The timesale an requirements for ompleting the aove oumentation will epen upon the partiular irumstanes, inluing the numer of staff seeking appointment. The arrangements must provie suffiient opportunity for staff to seek avie an make eisions aout their future employment. Any memer of staff may take the opportunity to isuss their position with an LA Aviser or Shools Personnel Offier prior to sumitting preferene forms or other appointment oumentation. Staff may also wish to seek union avie. Appointment eisions will e arrie out y a panel nominate y the governing oy. The appointments panel will inlue the Heateaher Designate an 2 or more governors with avie eing provie y the LA. Where it is neessary for ompetitive interviews to e hel, the panel s omposition shoul e seen to provie fair opportunities for aniates from eah of the shools affete y the reorganisation. The appointment proeure will have regar to the existing uties an graes of the staff affete. Where it is neessary to offer a post at a lower grae salary protetion will apply in aorane with onitions of servie an/or LA poliy. Wherever it is possile to o so, no memer of staff will e interviewe more than one. Interviews will e organise so as to give onsieration to eah of the posts for whih the memer of staff has expresse an interest an for whih they may appropriately e onsiere. In the ase of a post involving promotion to a higher grae or where there is more than one eligile aniate, interviews will e onute y the appointments panel. An LA Aviser or Shools Personnel Offier will atten, if require. If, after onsieration of any promote posts, the numer of posts availale enales existing staff to e slotte in (ie offere iret appointment) to a omparale post, the memers of staff

5 onerne will e informe aoringly ut the Heateaher esignate will normally arrange an informal meeting to isuss an larify future jo requirements prior to formal appointment an aeptane oumentation eing exhange. i Any vaanies remaining will e avertise in the LA s vaany list or more wiely, as appropriate. Temporary staff without statutory employment protetion rights at the affete shools may also e onsiere for appointment at this stage. 3.6 Staff Not Offere Appointments in the New Shool a Any staff not offere an appointment in the new shool will e invite to isuss their position with an LA Aviser an/or Shools Personnel Offier. Permanent staff may elet to seek reeployment to another shool an/or other suitale employment within the Counil or may wish to reonsier severane arrangements. The LA will atively assist in seeking reeployment within the framework impose y the loal management of shools an y the Counil s orporate provisions. Every effort will e mae to fin alternative employment ut this annot e guarantee. In the event of any formal omplaint aout the appointment proeure to the new shool, the matter will e onsiere y the Diretor of The Department for Chilren an Young People (or nominate representative) an if appropriate referre to the temporary governing oy for onsieration. The temporary governing oy has an oligation to ensure that its interview an appointment proeures omply with the requirements of employment legislation an o not result in unneessary osts falling on the LA. Notie of termination on the grouns of reunany will e issue y the LA, as neessary, to omply with statutory timesales an the employment will terminate at the state ate unless the employment situation is otherwise resolve. Severane payments will e mae in aorane with the LA s poliy. Footnote: (see 3.2 an 3.4) Revise Staffing Regulations introue from Septemer 2003 provie for the appointment of a Heateaher or Deputy Heateaher without avertisement if the following onitions apply. The new or merge shool is forme from the immeiately pre-existing shools For eah hea teaher or eputy hea teaher post availale in the new or merge shool there is only one person from the pre-existing

6 shool, an that person s performane an aility is highly regare y oth the governing oy an the LA. Any suh person so aepte for a hea teaher or eputy hea teaher post has suitale qualifiations, experiene an aility to unertake the role in the new or merge shool. This isretion will e onsiere on an iniviual asis taking aount of the irumstanes of eah ase.