Guidance on the Process for Redundancy of Staff Employed by Princes Risborough School

Redundancy Policy Policy Date: January 2016 Approved by Governors on: 14 th July 2016 Review Date: As Necessary 1. Introduction 2. Roles & Responsibilities 3. Avoiding Redundancies 4. Voluntary Redundancies 5. Compulsory Redundancies 6. The Redundancy Process 7. Redeployment 8. Timetable 9. Appendix A Representation and Appeal Hearings 10. Appendix B - Timetable 11. Index of Letters Guidance on the Process for Redundancy of Staff Employed by Princes Risborough School 1. Introduction The biggest part of the Academy s expenditure is employees, therefore when facing budget cuts it is almost inevitable the reductions will need to be made in staffing. When considering such a course of action, it is important that the Academy follows a process that has been approved and formally adopted by the Governing Body. Adherence to these guidelines will significantly reduce the risk of losing any Employment Tribunal case and will also limit the likelihood of cases being taken to an Employment Tribunal. The Academy s HR Consultant will support the Academy throughout each stage of the process. This policy complies with ACAS guidance as well as employment law requirements. 2. Roles and Responsibilities The Headteacher and Governors have a responsibility to ensure: The policy is followed in all cases of redundancy Redundancies are minimised where ever possible Redundancy processes are applied fairly and consistently Selection criteria used are fair, objectively applied and non discriminatory Full and open consultation with staff and unions. Where possible suitable alternative work is offered. All staff have an awareness of this policy. 3. Avoiding Redundancies Page 1 of 15

Where ever possible the Headteacher and Governing Body will forward plan to try to avoid or minimise redundancies where future staffing reductions are likely. Consideration will therefore be given to:- Achieving reductions through natural wastage Restricting recruitment of permanent staff Reducing the use of temporary staff whilst recognising their employment rights. Reducing working hours where staff are in agreement or it is allowed in the contract of employment. Using existing staff to fill vacancies at the Academy. Job Share arrangements 4. Voluntary Redundancies The Academy will always seek volunteers for redundancy prior to imposing compulsory redundancies. At this stage there is no commitment on either the member of staff or the Academy if they express an interest in applying for voluntary redundancy. Applications for voluntary redundancy will be considered by the Redundancy Committee based on the operational needs of the Academy. The Redundancy Committee has the right to reasonably refuse a request for redundancy where the specialist knowledge, skills training and qualifications of the individual are still required in the Academy. Even if a member of staff applies for voluntary redundancy they still have the right to appeal the decision once they have received a letter confirming their request. 5. Compulsory Redundancies Where there are:- Not enough or no volunteers Staff who have volunteered but the Governing Body do not feel able to release them No other avenues to explore to avoid redundancies The Redundancy Committee will have no option but to consider compulsory redundancies. The selection for compulsory redundancies will be done using criteria which is fair, objective, consistent and non-discriminatory. 6. The Redundancy Process. 6.1 Prior to consultation Once it has been established that there is no way to avoid redundancies and it is recognised that there is potentially a redundancy issue at the Academy the Governing Body will determine the number and types of post which may be surplus to the needs of the Academy. This will be done in consultation with the Headteacher. Discussions at this stage will be restricted to the broad issues only in order to ensure that Governors who will be involved in the Redundancy and Appeal committees will not have detailed prior knowledge. Two committees of governors will be established (usually three people in each committee) a Redundancy Committee and an Appeals Committee. The Headteacher will not be on either committee Page 2 of 15

but will attend to present the case or answer questions. The committees may also be supported by an HR Consultant. A formal record of the proceedings will be kept. The Redundancy Committee has delegated responsibility to consider the issue and produce draft proposals for solving the problem. The Appeal s committee is to hear appeals against selection for redundancy. No governor can serve on both committees or on either committee if they have or may have a vested interest in the outcome. 6.2 Consultation The minimum statutory period for consultation is as follows:- 20-99 Employees to be dismissed by redundancy are entitled to a minimum 30 Days consultation period unless agreed by employees to be reduced 100+ Employees to be dismissed by redundancy are entitled to a minimum 45 days consultation. Although there is no set statutory consultation period for less than 20 employers the Academy will apply the 5 weeks consultation period. The redundancy committee will consult all recognised Trade Unions of the employees affected when proposing redundancies. To start the consultation process a letter will be sent to all unions which will meet the requirements of Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 as amended by the Trade Union Reform and Employment Rights Act 1993 which will outline the following details:- Why it is felt redundancies are necessary The numbers and descriptions of employees whom it is proposed to make redundant and the total number of employees in these positions. The proposed method of selecting staff for redundancy The proposed method of carrying out the dismissal and the timescale over which this will take place. The proposed method of calculating any redundancy pay. The date and time of the first consultation meeting. At the same time the Headteacher will inform staff of the situation providing them with a copy of the letter sent to unions and confirming the date of the first consultation meeting. Staff who are on maternity, adoption leave or long term sickness will also be consulted and kept informed of the situation. An employee who is on maternity or adoption leave who has been selected for redundancy must be offered any suitable alternative vacancy available in preference to other employees. During the consultation process comments will be invited from both unions and staff to help produce a constructive approach to the situation. Consultation will include:- Strategies to avoid redundancies The reason for the proposed staffing reduction Where there is a financial reason for redundancy full budgetary information The procedure to be used for redundancies Selection criteria for identifying posts which will be made redundant. Selection criteria in the event of too many volunteers for redundancy. Agreement will also be reached on dates of any subsequent meetings. All employees will be consulted with regardless of length of service. Page 3 of 15

6.3 Selection When considering selection for redundancy a fundamental basis is that the ongoing needs and requirements of the Academy are of primary consideration. However, criteria for selection will be fair and in line with the Academy s equal opportunities policy. The draft proposals, if any, established by the Redundancy Committee may identify specific posts as a result of, say, a management reorganisation and/or use a range of criteria spread across the affected groups of staff. Criteria used could include: Skills Match this requires accurate information and will involve using a criteria matrix for scoring. The standard of work performance. Other criteria can also be used and although legal, are more subjective: Contribution to broader life of the Academy; Disciplinary record; Attendance record (not including maternity). The Redundancy committee will consult over draft criteria and establish a scoring formula for the criteria. Unless the proposals for staffing reduction are self-selecting, Governors will use criteria which are weighted according to importance. It is also possible to give plus points to certain staff (e.g. post holders who have difficult to replace skills). Although it may be clear fairly quickly who the draft criteria has identified, this will not take place formally until consultation has taken place. All selection processes will be conducted anonymously i.e. no names will be included on any selection paperwork that is considered by the Redundancy Committee. When the consultation process has finished the Redundancy Committee will meet to review all of the information gathered during the consultation process and consider whether volunteers can be released. Volunteers will be advised at this stage whether their application has been successful and that they have the right of appeal against the decision made. If there are not enough volunteers staff will be asked to complete a criteria matrix with support from the Headteacher or appropriate manager. Once these have been completed the Redundancy committee will meet again to agree which people are at risk of redundancy. When a person has been identified as at risk either through the application of the selection criteria or because a specific job has been identified they will be informed in as sympathetic way as possible. A letter will be sent confirming they are at risk and they will be informed of their right to make representations and their rights of appeal. Representations must be made in writing in 5 working days. Rights of representation are to the Redundancy Committee and enable an individual to present against their selection. If the individual decides not to make representations a redundancy notice will be issued. 6.4 Representation Hearing Individuals will be given 5 working days written notice of a hearing which will confirm their right to be accompanied by a friend or trade union representative (reasonable requests to delay will be considered e.g. union representative unavailable). Page 4 of 15

Realistically unless there can be demonstrated to be a legal or procedural error in the process, it is unlikely the Redundancy Committee will overturn the decision. The simple fact that the person does not like the outcome will not be a good reason to overturn a decision. An HR Consultant can act as advisor to the committee who can also be supported by the Headteacher. Provided all processes and procedures have been fairly applied, it is most likely that most cases will end at this stage. The Redundancy Committee will confirm to the individual in writing the decisions of the committee and inform them of the right of appeal to the second committee. Notes of the proceedings of the committee will be kept. The process for conducting Representation Hearings is set out in Appendix A 6.5 Dismissal If the Redundancy Committee decides to uphold the original decision a redundancy notice will be issued. Staff made redundant will be entitled to contractual or statutory notice, whichever is the longest as per their contract of employment. Where it is not possible to serve notice in time for the individual to be given their statutory or contractual notice it will be paid in lieu and they will not be required to work. The Headteacher and Redundancy Committee will consider requests from individuals who have been issued with a redundancy notice to leave prior to their redundancy date based on the operational needs of the Academy. 6.6 Appeal At least 5 working day s notice of the appeal hearing will be given (reasonable requests to delay should be considered e.g. union representative unavailable). At the Appeal hearing, the whole case will be heard by the second committee. The presentation to the second committee will be by the chair of the Redundancy Committee usually supported by the Headteacher, explaining what the Redundancy Committee did and why. The appellant then puts the case against. The appellant must have all relevant paperwork. If the appeal is upheld the redundancy notice will be withdrawn. If the appellant is unsuccessful they can, if they wish, take out an application for a hearing at an Employment Tribunal. Adherence to the correct procedures, timescales and the fairness of selection criteria will help ensure that this is unlikely and if it does happen, will reduce the risk of losing. Notes of ALL proceedings will therefore be taken and kept. 7.0 Redeployment It is a statutory duty of every employer to seek to find somebody at risk of redundancy suitable alternative employment. In a time of staff reduction this may be difficult however the Academy will work closely with the Local Authority to make them aware of the situation and establish what alternative positions are available for staff to apply. Should appropriate jobs become available at the Academy where redundancies are likely, prime consideration must be given to staff at risk provided they meet the minimum criteria for selection. The Governors and Headteacher also recognise that employees who are at risk of redundancy have the right to time off to look for alternative work or arrange training for new employment. 8.0 Timetable Page 5 of 15

The Governors/Headteacher realise that following all of the procedures and complying with a reasonable level of consultation will cover a considerable time span and it is therefore very important to begin the process at the earliest possible date. An example of a timetable is given in Appendix B. Page 6 of 15

Appendix A Representation and Appeal Hearings The Chair will make introductions. 1) Headteacher or Chair of the redundancy committee will present the Committee's reasons for its selection of the individual for redundancy. 2) Employee and/or their representative may ask questions. 3) Members of the committee may ask questions. 4) Employee and/or their representative make their representations against selection for redundancy. 5) Headteacher/Chair of Redundancy/Appeals Committee may ask questions. 6) Committee may ask questions. 7) Headteacher Chair of Redundancy/Appeals Committee sum up if they wish. 8) Employee and/or their representative will sum up if they wish. 9) Headteacher and employee leave the room. The note taker and any advisers will remain. 10) The Redundancy/Appeals Committee will make their decision and will advise all parties in person and/or put it in writing within 3 days. Representation Hearings - If the Redundancy Committee decide to confirm the original decision the individual will be advised of their right of appeal. Appeal Hearings If the Appeals Committee upholds the appeal the redundancy notice will be withdrawn. Page 7 of 15

Consultation Period 5 weeks Preparation and Planning Up to 6 weeks Appendix B Time Table Actions Required Timescale Date to be Actioned 1 Decision taken to act on potential problem. Headteacher to provide evidence to support proposal to reduce staffing to Governors for determination that the process should take place Notify Local Authority of potential redundancies. 2 Governing Body meets Headteacher supported by HR Consultant. Governing Body appointed to Redundancy Committee and Appeals Committee. Redundancy Committee meeting to agree timetable and draft compulsory selection criteria for consultation 3 S188 notice to recognised Trade Unions. Notice given of formal meeting with staff. Invite TU s/associations. 1 day (1 weeks notice of meeting) 4 Talk informally to staff and provide them with a copy of S188 notice advising them of date of first formal consultation meeting 5 Formal meeting with staff, Headteacher and Trade Unions at which copies of timetable, criteria, financial information and any other relevant information are distributed. Plus where appropriate notification of closing date for expressions of interest in roles, voluntary redundancy and ways of avoiding redundancies will be discussed. 6 Period of consultation 1:1 meetings Counselling suggesting other options to avoid redundancy opportunity for volunteers to come forward calculation of entitlements 1 day 1 day 5 weeks Page 8 of 15

Notice Period Up to 3 months Dismissal Procedure 2 weeks Selection up to 3 week Actions Required Timescale Date to be Actioned 7 Redundancy Committee meeting supported by Headteacher and HR Consultant to consider proposals from the consultation period, voluntary applications and make provisional decision to select posts for redundancy 8 If there are no viable proposals/volunteers Headteacher holds individual meetings with staff to complete matrix exercise then Headteacher completes master matrix 9 If no viable proposals or volunteers redundancy Committee meets again supported by Headteacher and HR consultant to consider evidence, and makes provisional decision to slot staff to new posts and select posts for redundancy 10 Member(s) of staff and Trade Unions informed of outcomes. Member(s) of staff given 5 working days to indicate wish to make representations and then 5 days notice of Redundancy Committee representation hearing. Consideration of suitable alternative employment and counselling 11 Redundancy Committee hearing takes place to receive representations. Decisions announced. Member(s) of staff advised of right to appeal within 5 working days 1 day Allow up to 2 weeks 1 day 2 weeks 1 day 12 Redundancy notice issued by Academy/School 1 day 13 Staff who make appeals given 5 days notice of hearing Redundancy notice withdrawn if decision overturned. 1 week Please note: - If no representations are made the redundancy notice can be issued a week after the member of staff is formally notified of the outcome from the redundancy committee hearing. Page 9 of 15

INDEX OF LETTERS Letter1 - Section 188 letter which needs to be sent to all recognised Trade Unions Letter 2 - Selected for Redundancy - Prior to representations Letter 3 Decision of representation Hearing Letter 4 Dismissal Notice Page 10 of 15

Letter 1 Section 188 letter which needs to be sent to all recognised Trade Unions Date Name Dear [name] Section 188 of the Trade Union and Labour Relations Act XXXXX Academy/School - proposed Redundancies as a result of [provide details] I write to invite consultation in relation to the above proposed redundancies due to a reorganisation of [name] department at XXXXXX Academy/School in accordance with the above act. (insert paragraph to give further background to how this point has been reached and the rationale). Please accept my assurances that every effort will be made to keep the number of redundancies to a minimum. (Information must be provided under the following headings.) The number of potential redundancies (a figure can be expressed to show the level of saving to be achieved, you could say that the posts will be spread across staff groups, although it is anticipated that the majority will be teacher as this is the most expensive of the staff groups. The total number of staff employed in different staff groups (e.g. teacher, Teaching Assistants, Administrative Staff) How the employees will be selected- (Is it important to stress that in the first instance every effort will be made to reach voluntary agreements, however should there be a need for a compulsory selection process, it is proposed that the following criteria will be used. It may be that the Governors committee will not have had the time to consider what the criteria should be before the section 188 letter has to be sent, in which case you must state in the letter that details of any proposed compulsory selection criteria will be sent as soon as possible). When the redundancies will take effect Confirmation that any redundancy severance payments will be calculated in accordance with Academy/School procedures. Budget that demonstrates the shortfall Proposed time line (I have attached an example time line for your information Current and proposed structure chart (if appropriate). Yours sincerely Page 11 of 15

Letter 2 Selected for Redundancy - Prior to representations Date Name Dear [Name] Proposed Redundancy I am sorry to have to write and inform you that at its meeting on [date] the Redundancy committee of the governing body nominated the post you currently occupy to become redundant on [date]. The implementation of this recommendation would result in your dismissal by reason of redundancy. Either: This is the only post of this nature in the school and is therefore self selecting Or The reasons for selecting your post are based on the application of the criteria for selection, a further copy of which is enclosed for your information. You have a right to a hearing before the Redundancy Committee at which you may make representations concerning the committee s recommendation. If you wish to exercise this right you should write to the Clerk to the Governors within five days of the date of this letter. The date for a hearing, if required will be [date] Members of the Redundancy Committee are [names] You may be accompanied by a representative from your union/professional association or a colleague at the hearing. Yours sincerely Chair of Redundancy Committee Page 12 of 15

Letter 3 Decision of Representation Hearing Date Name Dear [Name] Decision of Redundancy Committee I regret to have to inform you that at the hearing by the Redundancy Committee of the governing body held on [date] it was decided that you should be dismissed by reason of redundancy. The reasons for your dismissal are [details of decision].the governors very much regret having to make this decision and any difficulties this may cause you. If you wish to appeal against this decision you may do so by writing to the clerk to the governors stating the grounds upon which you wish to appeal within ten working days of the date of this letter. The Appeals Committee will convene, if required on [date]. You may be accompanied by a representative from your union/professional association or a colleague at the appeal. Yours sincerely Chair of redundancy committee Page 13 of 15

Letter 4 Dismissal Notice Date Private & Confidential Name Dear Name I have been asked to write to you on behalf of the Governing Body to confirm that your employment with XXXXX Academy/School will be terminated by reason of redundancy with effect from [Date]. The essential terms and entitlements relating to your redundancy are contained in this letter. The figures stated are subject to final calculation but are substantially correct. Notice You are entitled to receive notice in accordance with your terms and conditions/statutory notice which means that you are entitled to [figure] notice. Redundancy Pay You have a statutory entitlement of a redundancy payment if you have worked continuously for at least two years for the Academy/School (or other associated employers). You have been advised of your redundancy entitlements which are based on [Number] years continuous service using the following formula:- Service from age 18 but under 22 = 0.5 weeks pay Service from age 22 but under 41 = 1 weeks pay Service from age 41 but under 65 = 1.5 weeks pay This provides you with a compensation payment of [number] weeks pay, [amount] which is based on your annual pro rata salary of [amount] pa. Payment of Entitlements It is anticipated that monies due to you will be paid on or about the following date: [date] Pay up to Date paid on [Date]. Redundancy compensation payment will be authorised for payment upon receipt of the attached signed declaration directly following the [Date]. This letter is of necessity formal but I would on behalf of the Governors of XXXXXX like to thank you for your service and wish you every success for the future. You have the right to appeal against the decision to terminate your employment as a result of redundancy. If you wish to exercise this right you may do so in writing to the Governing Body of your school within [Number] working days from the date of this letter. Page 14 of 15

I would be grateful if you could acknowledge receipt of this letter by signing and returning the attached copy by return. Yours sincerely on behalf of the Governors of XXXXXX Academy/School The Governing Body approved this procedure on date: 14 th July 2016 Signed: Chair of Governors Signed: Headteacher Last Amendment Date By Whom Amendment List Reasons for Amendment Areas Amended Policy Owner 18/04/2017 P Rowe To add Appendix A, B & Index of Letters Appendix A, B & Index of Letters Pete Rowe Page 15 of 15