LATHOM HIGH SCHOOL Redundancy and Workforce Planning/Redundancy Policy and Guidelines For Schools with Delegated Budgets June 2015
INDEX Page Number Four Four Five Six Six Seven Seven Seven Redundancy and Workforce Planning Policy Introduction Consultation Voluntary measures to avoid redundancy Redundancy selection Alternative work Time off work Termination of employment Redundancy procedure Eight Nine Ten Ten Ten Eleven Twelve Twelve Thirteen Thirteen Fourteen Fourteen Appendix No Roles and Responsibilities Informal Stage: Voluntary Measures process Informal Stage: Purpose Informal Stage One Informal Stage Two Formal Stage: Compulsory Redundancy procedure Formal Stage One: Notification of proposed redundancies Formal Stage Two: Consultation process Formal Stage Three: Selection process Formal Stage Four: Appeal Appendices 1 Guidance: Frequently asked questions 2 Workforce planning framework 3 (a) Voluntary Transfer Scheme 3 (b) Transferred (bumped) redundancy scheme (including flowchart) 4 Staffing Review Committee: Terms of Reference 5 (a) Redundancy Procedure Summary (Flowchart) 5 (b) Redundancy Procedure Timeline 6 Appeal Hearing arrangements 7 Informal Stage letter and FAQ's for employees 8 Website links 9 Redundancy Support information AMENDED JUNE 2015 Page 2
1. Introduction REDUNDANCY AND WORKFORCE PLANNING POLICY 1.1 This policy has been adopted by Lathom High School and sets out the approach to dealing with workforce planning and potential redundancies. 1.2 The Authority as a caring employer, has sought to establish good employment practices to achieve good industrial relations and positive staff morale. To facilitate the continuation of these practices, the Authority and ATL, NASUWT, NAHT, NUT, ASCL and UNISON, GMB and UNITE have together drawn up this policy, procedure and guidelines to facilitate the development of well managed procedures at school level. 1.3 It is the Governing Body s policy to promote and implement sound workforce planning (Appendices one and two) and to avoid compulsory redundancies wherever possible. However, the needs of the school may from time to time require a reduction in the overall number of staff employed or organisational changes that could result in some employees being made redundant. 1.4 Where this is necessary, the Governing Body will ensure that: The total number of redundancies made is kept to a minimum Employees and their representatives are fully consulted on any proposals and their implementation Selection for redundancy is based on clear criteria that will, as far as possible, be objectively and fairly applied Every effort is made to find suitable alternative work for employees selected for redundancy; and Support and advice is provided to employees selected for redundancy to help them find suitable work when their employment has come to an end. 2 Consultation 2.1 Consultation will be carried out with the recognised Teacher Associations and Trade Unions in respect of any redundancy proposals. Individual employees will also be consulted. AMENDED JUNE 2015 Page 3
3 Voluntary measures to avoid redundancy 3.1 Should it become necessary to reduce the school workforce it is this school s policy to try to avoid or minimise the number of compulsory redundancies through voluntary measures. 3.2 Voluntary measures which may be used for this purpose are as follows: Whether training can be provided to equip employees with new skills for redeployment to suitable alternative work. Whether the numbers of casual workers, temporary employees and supply staff can be reduced; Whether a temporary freeze can be placed on recruitment into any posts that become vacant due to a member of staff s resignation; Whether any employees whose job might be redundant can be transferred elsewhere within the school; Whether an employee can be nominated for an interview in another school as outlined in Appendix 3(a). Whether or not any employees can be voluntarily transferred to a vacancy within another Lancashire school under the transferred redundancy scheme. (Appendix 3(b)) Whether any employees whose job might be redundant can be retrained to carry out other types of work. Whether any employees wish to volunteer for redundancy or other voluntary measures including part-time working arrangements, flexible retirement, secondments and unpaid sabbaticals. In the case of teachers in High School settings, an audit of second and third subjects will be conducted to establish which teacher s can be redeployed to other faculties to teach those subjects. Employment as a cover teacher. 3.3 Expressions of interest in voluntary measures will be invited from the school workforce and serious consideration given to such requests. 3.4 The Governing Body delegates to the Head teacher the role of assessing the feasibility of voluntary measures including factors such as the school s need to retain the types of knowledge and skills that are believed to be essential to meet its future curriculum aims, the need to retain a balance of different skills and any other relevant/appropriate factors. AMENDED JUNE 2015 Page 4
4. Redundancy selection criteria 4.1 The criteria used in selecting employees for redundancy will depend on the existing circumstances and the future needs of the School. Every effort will be made to construct a fair and robust set of criteria following appropriate consultations, which will be reasonably, fairly and consistently applied. 4.2 The Governing Body will establish a Staffing Review Committee which will ensure that the pool of employees to whom the selection criteria are applied is fairly defined. 4.3 Where an employee in the pool for selection has a disability, the Governing Body will ensure that s/he is not put at any disadvantage on account of the application of the selection criteria and will accordingly make reasonable adjustments to the selection procedure to remove any disadvantage that the disabled employee would otherwise have. 4.4 Reasonable allowance will be made for absences for maternity, paternity or adoption leave and reasons related to disability, so that employees who have taken maternity, paternity or adoption leave or who have a disability are not placed at a disadvantage owing to their absence. 4.5 Guidance on fair and reasonable selection criteria and identifying selection pools is given in Appendix 1. 5 Alternative work 5.1 The Staffing Review Committee will make all reasonable attempts to assist employees who are at risk of redundancy to secure suitable alternative work. 5.2 The school workforce will be informed of the available vacancies in other Lancashire Schools during the consultation period in the formal stage of the procedure and again at the time of their selection. They will be given the opportunity to discuss with their Head teacher which vacancies are likely to be suitable for them. 5.3 Priority will be given wherever possible to employees at risk of redundancy for any post which becomes available in the school, subject to their suitability for the post. AMENDED JUNE 2015 Page 5
5.4 Employees have a legal entitlement to be offered any suitable alternative work that is available if they are made redundant while on maternity leave. On that basis, prior consideration will be given to employees on maternity leave before other at risk employees are considered for vacancies within the school. 5.5 The Governing Body is committed to nominating employees for vacancies with other Lancashire schools through the Authority, under the voluntary transfer and transferred redundancy schemes Appendices 3(a) and 3(b). The Governing Bodies of those schools have the right to select the best available candidate in relation to any given vacancy. 6 Time off work 6.1 Employees who are at risk of redundancy will be granted reasonable time off work with pay, in order to look for new employment or to make arrangements for training for future employment. This will include time off to attend job interviews or visit an employment agency or a job centre in connection with new employment. 6.2 Any employee taking such time off will not be required to make up the time taken by working additional hours at another time. 7 Termination of employment 7.1 Employees with two or more years continuous service, as calculated in accordance with the Employment Rights Act 1996 and the Redundancy Payments (Modifications) Order 1999, who are dismissed on grounds of redundancy, will be entitled to a statutory redundancy payment. The amount of this payment will be confirmed when the employee is selected for redundancy and the sum will be paid after their termination date. 7.2 The contractual and/or statutory notice periods will be given as appropriate. AMENDED JUNE 2015 Page 6
REDUNDANCY PROCEDURE AND WORKFORCE PLANNING 1 Roles and Responsibilities 1.1 The Governing Body The Governing Body is responsible for the implementation and adoption of this policy and ensuring it is operating effectively. The Governing Body will establish a separate Staffing Review Committee of not less than three members and not more than half of the members of the Governing Body to consider any proposal for redundancy. This Committee may be drawn from members of the Staffing Committee. The Governing Body will give the Staffing Review Committee delegated authority to manage and make decisions about the redundancy consultation and selection process in accordance with the school s adopted redundancy policy and employment legislation. Terms of reference will be agreed by the Governing Body and provided to the Staffing Review Committee in writing. A model Staffing Review Committee terms of reference is attached as Appendix 4. The resolution to give the Committee delegated powers will be recorded in the Governing Body minutes. 1.2 The Staffing Review Committee The Staffing Review Committee is responsible for operating this policy and procedure in accordance with the delegated powers granted to them by the Governing Body. The Chair of Governors (or his/her nominated deputy) should Chair the Staffing Review Committee. 1.3 The Head teacher The Head teacher will manage the informal stage of this procedure. S/he will invite members of the recognised Teacher Associations and Trade Unions to voluntary means meetings. AMENDED JUNE 2015 Page 7
S/he will attend all meetings of the Staffing Review Committee as an Advisor and will provide the Committee with the information they need to manage and make decisions about the redundancy consultation and selection process. Appendices 1 and 4. The Head teacher will also provide information to the recognised Teacher Associations and Trade Unions and their nominated contacts at school level in relation to both the informal and formal stage of this procedure. 1.4 Schools' HR Team The role of the Schools' HR Team is to provide advice to the school at all stages of the procedure. 1.5 School Improvement and Challenge Board (SICB) In relation to this procedure, the SICB s role is to consider applications for voluntary means funding. 1.6 The Professional Associations and Trade Unions The recognised Teacher Associations and Trade Unions will nominate contacts to receive correspondence and information during the redundancy consultation and selection process. All recognised Teacher Associations and Trade Unions will be given the opportunity to actively participate in both the informal and formal stages of this procedure; on behalf of their members. AMENDED JUNE 2015 Page 8
2 Redundancy Procedure 2.1 The Redundancy Procedure comprises of two stages: a) The informal stage b) The formal stage The procedural steps to be followed in each stage of the procedure are set out below. 3 Informal Stage: Voluntary measures process 3.1 Purpose: The purpose of the informal stage of this procedure is to: Inform employees of the need for staffing reductions and the scale of potential redundancies. Provide an overview of the situation which has led to the potential for redundancies, the scale of those potential redundancies and the budgetary position. Provide details of voluntary measures which are available and encourage employees to consider them with a view to avoiding compulsory redundancies wherever possible. Appendices 1, 3 (a) and 3 (b) Provide employees with the opportunity to take advice from their Teacher Association/Trade Union representative. 3.2 The School will allow for a reasonable period of time for the informal stage of the procedure to be completed in order to fulfil the purpose of this stage (outlined above). The Staffing Review Committee in consultation with the Headteacher, will determine when the formal stage of the procedure should be invoked. 4 Informal Stage One 4.1 A voluntary measures meeting will be convened with the relevant group of school employees. The Head teacher will lead the meeting supported by the Schools' HR Team Manager. Recognised Teacher Associations and Trade Unions will be invited to attend the meeting. (Appendix 7) AMENDED JUNE 2015 Page 9
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5 Informal Stage Two 5.1 The Head teacher will provide employees with an opportunity to meet him/her (or a nominated manager) on an individual basis if they are interested in registering an interest in any voluntary means, without prejudice. 5.2 Employees will be encouraged to take advice from their Teacher Association or Trade Union representative. 5.3 Estimate requests Where an employee has requested an estimate the Schools' HR Team Manager will obtain these from the HR Processing team. Estimates may be requested for the following without commitment on either side: (a) Severance payment (teaching employees) (b) Voluntary Redundancy payment (teaching and support employees) (c) One-off compensation payment for reducing hours of work by 25% or more (support employees) 5.4 The Head teacher will advise the Staffing Review Committee of those applications which can be supported. Where s/he advises that an application cannot be supported this must be justified on the basis of school needs. 5.5 The names of applicants should not be provided to the Staffing Review Committee to avoid tainting at the formal stage of the procedure. 5.6 Application forms for financial support will be submitted to the Schools' HR Team Manager for submission to the Authority's SICB. The Schools' HR Team Manager will guide the Head teacher on the process to be followed. 5.7 Where offers of a financial nature are approved by the SICB these will be forwarded in writing to the employee/s concerned by the Schools' HR Team Manager. AMENDED JUNE 2015 Page 11
6 Formal Stage: Compulsory Redundancy procedure 6.1 Formal Stage One: Notification of potential redundancies Where compulsory redundancy appears to be necessary the Head teacher will identify the group(s) of employees affected. S/he will also identify the numbers and descriptions of employees who may have to be made redundant within the group(s). 6.2 The Head teacher will then report the situation to the Staffing Review Committee for their consideration. Having considered the Head teacher's report, the Staffing Review Committee will make determinations as appropriate in accordance with their terms of reference including: a) Whether and on what basis a formal stage one notice should be issued. b) Whether further information is required before a decision is taken on issuing a formal stage one notice. c) Determination of the appropriate content of the notice in consultation with the Authority's Representative. d) Establishment of a schedule of meetings under the formal stages of this procedure. (Appendices 5 (a) and 5 (b)). 6.3 The Authority and Staffing Review Committee will issue a joint formal potential redundancy notice to the recognised Teacher Associations and Trade Unions (and in the case of voluntary aided schools to the Diocesan Officer) which will include the following information as a minimum: the reasons for the proposals; the numbers and descriptions of employees it is proposed to dismiss as redundant the total number of employees of any such description employed by the employer at the school in question the proposed method of selecting the employees who may be dismissed the proposed method of carrying out the dismissals, taking account of any agreed procedure, including the period over which the dismissals are to take effect the proposed method of calculating any redundancy payments, other than those required by statute, that the employer proposes to make the measures which have been taken to avoid or mitigate the need for compulsory redundancies. a timetable of consultation meetings and the selection for redundancy and appeal processes. 6.4 This information will form the basis for the consultation process outlined in Stage two of the formal procedure. AMENDED JUNE 2015 Page 12
6.5 The Committee will consult with the appropriate recognised Teacher Associations and Trade Unions, and notify (if necessary) the Department of Business Innovation and Skills of redundancies. A copy of any notification to the DBIS will be given to the appropriate recognised Teacher Associations and Trade Unions. http://www.insolvency.gov.uk/pdfs/rpforms/hr1.pdf (link to HR 1 form) 7 Formal Stage two: Consultation process 7.1 The Staffing Review Committee will consult with recognised Teacher Associations and Trade Unions with a view to reaching agreement on the proposals including ways in which compulsory redundancies can either be avoided or mitigated. 7.2 Representations will be invited from the recognised Teacher Associations and Trade Unions and employees of the school. These may be given verbally or in writing. Representations will be given careful consideration by the Staffing Review Committee who will provide their response to the representations verbally and/or in writing. 7.3 In addition to consultation with the recognised Teacher Associations and Trade Unions, there should be consultation with employees who are affected by the proposed redundancy situation. The recognised Teacher Associations and Trade Unions should be invited to any meetings arranged for this purpose. 7.4 Voluntary measures designed to avoid the need for compulsory redundancies will continue to be considered throughout the consultation process. 7.5 The duration of the consultation process will be at the discretion of the Staffing Review Committee but will be sufficient to enable meaningful consultation to take place. Consultation will also comply with statutory obligations. 8 Formal Stage three: Selection process 8.1 Where it is not possible to avoid the need for compulsory redundancies through voluntary measures, the Staffing Review Committee will meet to apply the selection criteria and determine the selection for redundancy. The AMENDED JUNE 2015 Page 13
Head teacher and Schools' HR Team Manager will attend the meeting to provide advice. 8.2 All employees who are selected for redundancy will be provided with the following within 5 working days of the decision: Once an employee/s have been selected for redundancy they will be issued with written contractual notice of dismissal on the grounds of redundancy. The notice period will commence from the date of receipt of the notice letter. Details of the selection criteria and points awarded. Arrangements for employees who wish to submit an appeal. 8.3 Employees who are selected for redundancy will be offered guidance on the following: Completing application forms for alternative work Interviews and interview preparation This is without prejudice to the employee right of appeal. 9 Formal Stage four: Appeal 9.1 An employee may appeal against the decision to select them for dismissal on the grounds of redundancy within 5 working days of receiving the notice of the termination of their employment. 9.2 Appeals must be in writing giving details of the grounds of appeal and be submitted to the Clerk to the Governing Body. 9.3 The Clerk will convene a meeting of the Governing Body, excluding members of the Staffing Review Committee, normally within 20 working days of receipt of a written notice of appeal from the employee. 9.4 Arrangements for appeal hearings is provided at Appendix 6. The decision of the Governing Body will be final and no further rights of appeal will be allowed under these procedures. AMENDED JUNE 2015 Page 14