Add Academy logo here. Redundancy Policy

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1 Add Academy logo here Redundancy Policy 1

2 Contents Page 1. Introduction Purpose and scope What is meant by redundancy? Consultation Disclosure of information - legal requirements Measures to avoid redundancy Selection for redundancy Voluntary redundancy Early retirement Selection criteria Skills audit Matching process - selection criteria/skills audit Representation meeting Redundancy notification letter Appeal Eligibility for a redundancy payment Notice Periods Other Policies and Procedures... 8 Appendix 1: Draft timetable for teacher redundancies... 9 Appendix 2: Selection Criteria Appendix 3: Ready reckoner for redundancy payments

3 1. Introduction 1.1 All employers are advised to establish a formal policy on redundancy (ACAS). The aim of this policy is to provide a fair and consistent approach to be followed in situations where the possibility of redundancy has been identified. In such situations the academy will aim to provide appropriate support to those staff affected, and will ensure that their dignity is respected. 1.2 The academy will try to minimise the effect of redundancies through careful planning including vacancy control, natural wastage, redeployment and retraining where possible. We are committed to meaningful consultation with employees and recognised trade unions regarding proposed organisational changes. 2. Purpose and scope 2.1 The academy recognises the need to ensure that staff feel secure and are appropriately supported throughout their employment. The aim throughout is to ensure that staff are treated reasonably and in accordance with the principles of fairness and justice. 2.2 If there are equality and diversity issues that are relevant to employees who are at risk of redundancy, these issues should be made known to those involved in managing this process and appropriate support provided by the academy. 2.3 This policy applies to all staff employed on contracts of employment covering teachers and support/associate staff within t h e academy, including those who are employed on successive fixed term/temporary contracts of at least 2 years or more. 3. What is meant by redundancy? 3.1 Under the Employment Rights Act 1996, redundancy arises when employees are dismissed for one of the following reasons: the employer has ceased (or intends to cease) to carry on the business for the purposes of which the employee was so employed the employer has ceased (or intends to cease) to carry on the business in the place where the employee was so employed the requirements of the business for employees to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish the requirements of the business for the employees to carry out work of a particular kind, in the place where they were so employed, have ceased or are expected to cease or diminish 4. Consultation 4.1 Consultation should be carried out with a view to reaching agreement and should include ways of avoiding the dismissals, reducing the number of employees to be dismissed and mitigating the effects of dismissal. 4.2 Consultation should begin in good time and be completed before any redundancy notices are issued. In addition, consultation must begin: at least 30 days before the first dismissal takes effect if 20 to 99 employees are to be made redundant at one establishment over a period of 90 days or less at least 90 days before the first dismissal takes effect if 100 or more employees are to be made redundant at one establishment over a period of 90 days or less 3

4 4.3 Staff and unions should be informed in writing to attend a formal consultation meeting. 4.4 Staff will be advised of the potential for redundancies and the reasons for these and will be invited to make representations regarding means of avoiding or reducing the number of redundancies. 4.5 Throughout the consultation period, consideration will be given to any representations made and there may be ongoing discussion with the unions/employee(s) concerned. Employees will be given the opportunity to be represented by a work colleague or trade union representative in any formal meetings. If less than 20 employees are affected the consultation period will normally be no less than four working weeks and may be extended dependent on circumstances. 4.6 The 4-stage test historically accepted in employment tribunals is that fair consultation means: consultation where the proposals are still at a formative stage adequate information on which to respond adequate time in which to respond conscientious consideration by an authority of the response to consultation 4.7 It is important that along with union consultation, senior management consult on an individual basis with affected staff. A timetable of activities should be drawn up by senior management and, following consultation with unions, be distributed to staff and unions. See attached Draft Timetable - Appendix Disclosure of information - legal requirements 5.1 Employers have a statutory duty to disclose in writing to the appropriate representatives the following information concerning proposals for redundancies so that those representatives can play a constructive part in the consultation process: 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 at the establishment in question the way in which employees will be selected for redundancy how the dismissals are to be carried out, taking account of any agreed procedure, including the period over which the dismissals are to take effect the method of calculating the amount of redundancy payments to be made to those who are dismissed (Generally referred to as Section 188 letter) 5.2 The information will be handed to local employee representatives or may in exceptional circumstances be sent by post to an address notified to the employer. 6. Measures to avoid redundancy 6.1 Every effort will be made to reduce the number of possible compulsory redundancies by: natural wastage 4

5 restricting the recruitment of permanent staff reducing the use of temporary staff filling vacancies from amongst existing employees (where appropriate) reducing hours of work, job share arrangements etc retraining staff or redeployment seeking volunteers for redundancy 7. Selection for redundancy 7.1 Voluntary redundancy One method is for employees to volunteer to be considered for redundancy, thus avoiding the need for compulsion. However, senior management will need to consider the balance of the skills and experience of remaining staff which may result in an application for voluntary redundancy being rejected. 7.2 Early retirement If an employee volunteers for redundancy (or is made compulsorily redundant) they may, in particular cases, be eligible for early retirement and have access to their pension benefits. 7.3 Early retirement may involve a longer term financial commitment for the academy with different pension scheme rules applying to teachers and support staff. Senior management will therefore need to explore the costs and resources involved before final decisions are taken. 8. Selection criteria 8.1 The basis of selection will be determined by the academy s financial, economic, technical and organisational needs, curriculum needs and requirements. 8.2 Where a redundancy situation involves a pool of staff comprising a number of people larger than the number of posts to be made redundant, selection criteria will be used. However, depending on the situation the means of selection may be determined by the circumstances and may involve an interview process against set performance criteria for the post. 8.3 The purpose of selection criteria is to ensure that employees are not unfairly selected for redundancy. The chosen criteria must be consistently applied to all staff. The criteria will be based on the necessity to retain a balanced workforce that has the appropriate skills to ensure continued success of the academy eg current and future curriculum needs and priorities in the academy improvement/development plan. Particular care will be taken to ensure that selection criteria are not directly or indirectly discriminatory on grounds of protected characteristics as outlined in the Equality Act The Equality Act 2010 makes it unlawful for an employer to treat a disabled person less favourably because of reason relating to their disability without a justifiable reason. Employers are therefore required to make reasonable adjustments to working conditions where that would help to accommodate a particular disabled person (ACAS) 8.4 When scoring on criteria such as absences, the academy will not count absences that might be connected to a disability suffered or claimed by the employee, or connected with a reason such as pregnancy. 5

6 8.5 The selection criteria will be objective, fair and explicit and will be provided to all staff. Trade unions will be consulted on the proposed criteria before selection takes place. See attached Selection Criteria - Appendix Skills audit 9.1 There should be a regular audit of skills, training and experience of all staff. Such audits should identify situations in which a teacher or member of support staff could offer second and even third subject areas as well as identifying particular interests and areas of recent training. Such audits will provide essential management information necessary to determine the future continuing professional development and deployment of staff within the academy. 9.2 In a redundancy situation the skills audit is used by the employer to identify the profile of the employee and to ascertain their suitability for positions in academy and to help in the selection process matching the selection criteria and the skills audit. 9.3 The academy s skills audit is a form requesting detailed information in specific sections. It enables an individual, dependent on the structure of the matrix, to provide the relevant information relating to their skills and qualifications. Employees will be expected to provide evidence of information eg qualification certificates etc. 9.4 A skills audit can also be utilised in a redeployment situation, and completion of the audit matrix can enable the individual to provide a breakdown of their skills, knowledge and qualifications to enable them to be redeployed into another suitable position. 10. Matching process - selection criteria/skills audit 10.1 The affected employees will be advised to include all relevant information in their skills audit and to ensure they fully complete the document in order that the headteacher/governors are apprised of the range and breadth of their skills and experience to inform the matching process To provide a fair and transparent process, all affected individuals will be asked to complete the same documentation. These responses will be then evaluated within the matrix and scored appropriately. The employee(s) with the lowest score(s) will be at risk of potential redundancy. Employers need to show that in selecting a particular employee they had compared him or her in relation to the agreed selection criteria with those who might have been made redundant, and that, as a result, it emerged that the employee was fairly selected. (ACAS) This document should ideally be updated every year to enable academy management to have a clear picture of the skills, qualifications and experiences of their staff. 11. Notification of potential redundancy 11.1 Employees selected for redundancy (whether through the use of selection criteria or by interview process) will be notified in writing of their provisional selection for redundancy and invited to attend a Representation Meeting usually involving the decision makers. Employees will be informed of the time and location no less than 5 working days in advance of the meeting date. 6

7 11.2 The representation letter will explain that the purpose of the meeting is to consider the potential termination of the employee's employment on the grounds of redundancy and that the employee may be represented by a trade union or work colleague. 12. Representation meeting 12.1 At the meeting the manager will explain the background including, where relevant, the application of selection criteria to the individual. The employee will be given a further opportunity to raise any factors he or she wishes to have considered, including any potential for continued employment Where the employee's representations relate to his or her assessment against the selection criteria the meeting may be adjourned if necessary to allow those who carried out the assessment to respond. The employee shall be informed of any changes to his/her assessment against the criteria or that the assessment is unchanged Following this meeting, and having regard to any representations made, the senior manager will confirm the decision in writing. If the decision is taken that the employee remains at risk of redundancy, the employee will be issued with a notice of redundancy. 13. Redundancy notification letter 13.1 The employee(s) will be notified in writing to confirm the decision that they are to be made redundant giving a termination date and the amount of redundancy pay. It may be appropriate to send a redundancy estimate along with the redundancy notification letter (employees will be asked to confirm length of service and weekly pay as detailed on the redundancy estimate prior to ending of their employment contract) In addition to any redundancy payment entitlement employees should also be given the appropriate period of notice or payment in lieu of notice, to which they are entitled (unless they are working their notice) The employee should also be advised that he or she will remain eligible to be considered for redeployment opportunities until his or her employment has ceased see Redeployment Policy The notice letter will inform of the right of appeal and to whom the appeal letter should be sent. 14. Appeal 14.1 The employee should state in writing their grounds for appeal within 5 working days of receipt of the redundancy notification letter. The appeal hearing should be arranged within 10 working days of receipt of the appeal letter, and should be heard by a panel of at least 3 governors with no previous involvement in the redundancy process. 15. Eligibility for a redundancy payment 15.1 A redundancy payment is based on actual weekly pay and is due only if the employee has completed at least 2 years continuous service which may include service with another organisation on the Redundancy Modification Order list (this list recognises service from other organisations eg other maintained schools/academies and/or local authority service). See attached Redundancy Calculator ready reckoner - Appendix 3. 7

8 16. Notice Periods 16.1 The actual period of notice to be provided to staff will be in accordance with their contractual and statutory entitlements. Schools/academies should be mindful of teacher termination dates in order to appropriately manage a reduction in staffing and other resources ie the timeline should ensure that the academy meets the criteria for appropriate consultation and also ensure that management meet the deadline for the last date for notification of termination (ie at the end of each term). 17. Other Policies and Procedures This policy will be supported by the following policies and procedures: Review and Restructure Policy Redeployment Policy 8

9 Appendix 1: Draft timetable for teacher redundancies Latest dates for action to be taken Spring Summer Autumn 1 Head teacher and governors review future staffing needs involving HR provider 2 Inform unions affected employees and begin informal consultation with unions and staff (including seeking volunteers) 3 Formal consultation must commence led by governors; trade unions to be given notification of redundancy situation, reasons for redundancy, potential selection criteria, etc. 4 Academy governors to conclude formal consultation process, including timetable, final version of redundancy selection criteria, etc. 5 Staffing committee meets and selects staff who are potentially to be made redundant using selection criteria 6 Staff individually notified in writing of decision and arrangements for representation meeting 7 Representation meeting(s) held with affected staff and trade unions. Employee(s) informed staff of decision in writing. 8 Notification of redundancy issued in writing with right of appeal 9 Potential last date for the Academy to issue notice 01/11 01/03 01/05 16/11 16/03 16/05 01/12 01/04 01/06 30/12 29/04 29/06 31/12 30/04 30/06 01/01 01/05 01/07 07/01 07/05 07/07 20/01 20/05 20/09 31/01 31/05 30/09 10 Effective date of dismissal 30/04 31/08 31/12 Note Statutory notice periods override teacher notice periods for teachers with over 12 years service. Consultation period is working weeks/days 9

10 Appendix 2: Selection Criteria Sample Teacher Redundancy Selection Primary Academy Selection Criteria Where measures to minimise redundancy fail to provide the revised size and composition of workforce required by the Academy, selection criteria will be used. The selection criteria will be based on the needs of the academy taking into account the Academy Improvement Plan and will be consulted with trades unions before any selection process commences. The following criteria will be used in a sequential basis. The criteria that should be taken into account are as follows: A The Academy priorities, as detailed in the Academy Improvement Plan (including teaching experience, qualifications and performance). If there is no overall selection possible from the above criteria, then a selection using those criteria in (B) will be used B Attendance Records (timekeeping and Unauthorised Absence) Live formal disciplinary records. If there is no overall selection possible from the above criteria (A and B), then a selection using those criteria in (C) will be used C Sickness Absence (discounting, pregnancy related, disability, specific gender related, certified industrial injury) and any objective performance measures. 10

11 Section A Criteria used in A to be determined as relevant to the academy/posts affected Qualifications Relevant degree to current teaching (or equivalent) Available 15 Higher professional qualification 15 Teaching Performance and experience(in the last 3 years) Early Years Foundation KS1 KS2 Specialist Subjects Subject Leader/Aspect leader (specific subject) Available 10 points per year (max 30) 10 points per year (max 30) 10 points per year (max 30) 10 points per year (max 30) 10 points per year (max 30) Pupil progress 50 Teaching observations 50 Previous teaching in other schools within the last 3 years 15 Leadership/Management (within last 2 years) Available Senior leadership team 20 Key Stage Co-ordinator 20 Total for Section A If there is no overall selection possible from the above criteria, then a selection using those criteria in (B) will be used 11

12 Disciplinary Section B System No record 30 Live first written warning 5 Live final written warning 0 Timekeeping System Total No of unauthorised occasions arrive late/leave early over past 3 years: 0 1 day 30 2 days 20 3 days 10 4 or more 0 Unauthorised Absence System Total number of occasions over past 3 years No record 30 1 occasion 20 2 occasions 10 3 or more 0 Total for Section B If there is no overall selection possible from the above criteria (A and B), then a selection using those criteria in (C) will be used 12

13 Duration of Sickness Section C System Total duration of sickness over the previous 3 years divided by the number of years records used: 0 5 days 15 >5 and up to and including 10 days 10 >10 and up to and including 15 days 5 >15 days 0 Frequency of Sickness System Total number of occasions of sickness over the previous 3 years divided by the number of years records used: >2 up to and including 3 occasions 15 >3 up to and including 4 occasions 10 >4 up to and including 5 occasions 5 >5 occasions 0 Note: pregnancy related absence and absence related to disability must be excluded Total for Section C In the event of a tie breaker Last In First Out (LIFO) will be used. For illustrations of the application of the points based systems please see Appendix 1. 13

14 Example 1 Illustrations: Application of the Assessment Scheme Assumes no selection can be made using selection criteria A, because employee 1 and employee 2 score equally under A; therefore now look at selection criteria B EMPLOYEE "1" EMPLOYEE "2" CRITERIA POINTS AWARDED CRITERIA POINTS AWARDED Discipline Discipline First Written warning in force Timekeeping 5 No disciplinary record 30 Timekeeping Total of 17 occasions over 3 years 0 Total of 0 occasions over 3 years 30 Unauthorised Absence Unauthorised Absence Total of 1 occasion over 3 years 10 Total of 0 occasion over 3 years 30 TOTAL POINTS AWARDED 15 TOTAL POINTS AWARDED 90 In the above illustration "Employee 1" (15 points) would be selected for redundancy rather than Employee 2" (90 points) continued on next page 14

15 Assumes no selection can be made using selection criteria A, because employee 3 and employee 4 score equally under A; therefore now look at selection criteria B EMPLOYEE "3" EMPLOYEE "4" CRITERIA Section Criteria B Discipline POINTS AWARDED Discipline CRITERIA POINTS AWARDED No record 30 Timekeeping No record 30 Timekeeping Total of 1 occasion over 3 years Unauthorised Absence 30 Total of 3 occasions over 3 years Unauthorised Absence 10 Total of 1 occasion over 3 years Total For Selection Criteria B Total of 0 occasion over 3 years Total For Selection Criteria B Can not make a selection from Selection Criteria B; therefore move on to selection criteria C. Duration of Sickness Duration of Sickness Total of 32 days over 3 years. Total of 11 days over 3 years Average duration per annum = 32 3 = Average duration per annum =11 3 = 3.66 days 15 Frequency of Sickness Frequency of Sickness Total of 11 occasions over 3 years. Total of 2 occasions over 3 years Average frequency per annum = 11 3 = 3.6 occasions 10 Average frequency per annum = 2 3 = 0.66 occasions 20 Total For Selection Criteria B 15 Total For Selection Criteria B 35 In the above illustration "Employee 3" (15 points) would be selected for redundancy rather than for "Employee 4" (35 points). In this example there are no pre-recorded objective performance measures which could be taken into account.

16 Sample Support Staff Redundancy Selection Selection Criteria Where measures to minimise redundancy outlined in Section 3 fail to provide the revised size and composition of workforce required by the Academy, selection criteria will be used. The selection criteria will be based on the needs of the academy taking into account the Academy Improvement Plan and will be consulted with trades unions before any selection process commences. The following criteria will be used on a sequential basis. The criteria that should be taken into account are as follows: A The Academy priorities, as detailed in the Academy Improvement Plan (including teaching experience, qualifications and performance). If there is no overall selection possible from the above criteria, then a selection using those criteria in (B) will be used B Attendance Records (timekeeping and Unauthorised Absence) Live formal disciplinary records. If there is no overall selection possible from the above criteria (A and B), then a selection using those criteria in (C) will be used C Sickness Absence (discounting, pregnancy related, disability, specific gender related, certified industrial injury) and any objective performance measures. Page 16 of 21

17 Section A Criteria used in A to be determined as relevant to the academy/posts affected Qualifications GCSE in Mathematics and English Grade C or above (or equivalent) Any other relevant formal qualifications (and points allocated against each) e.g. NNEB, ICT (academy to state relevant level) Experience and performance (in the last 3 years) Working as Support/Teaching Assistant Available 15 5 points for each relevant qualification Available 10 points per year (max 30) Performance as Support/Teaching Assistant SEN experience (at least one year) Knowledge of specific area e.g. early years curriculum 50 points per year 10 points per year (max 30) 20 points per year (max 30) Gained HTLA status 30 Successfully led intervention programmes (give examples) Leadership/Management (within last 2 years) 5 points per programme (max 30) Available Member of the Leadership Team 20 Total for Section A If there is no overall selection possible from the above criteria, then a selection using those criteria in (B) will be used Page 17 of 21

18 Disciplinary Section B System No record 30 Live first written warning 5 Live final written warning 0 Timekeeping System Total No of unauthorised occasions arrive late/leave early over past 3 years: 0 1 day 30 2 days 20 3 days 10 4 or more 0 Unauthorised Absence System Total number of occasions over past 3 years No record 30 1 occasion 20 2 occasions 10 3 or more 0 Total for Section B If there is no overall selection possible from the above criteria (A and B), then a selection using those criteria in (C) will be used Page 18 of 21

19 Duration of Sickness Section C System Total duration of sickness over the previous 3 years divided by the number of years records used: 0 5 days 15 >5 and up to and including 10 days 10 >10 and up to and including 15 days 5 >15 days 0 Frequency of Sickness System Total number of occasions of sickness over the previous 3 years divided by the number of years records used: >2 up to and including 3 occasions 15 >3 up to and including 4 occasions 10 >4 up to and including 5 occasions 5 >5 occasions 0 Note: pregnancy related absence and absence related to disability must be excluded Total for Section C In the event of a tie breaker Last In First Out (LIFO) will be used. For illustrations of the application of the points based systems please see Appendix 1. Page 19 of 21

20 A ge ( s) year Appendix 3: Ready reckoner for redundancy payments Service (years) ½ ½ ½ 2 2½ ½ 2 2½ ½ 2 2½ 3 3½ ½ 2 2½ 3 3½ 4 4½ ½ 3 3½ 4 4½ 5 5½ ½ 4 4½ 5 5½ 6 6½ ½ 5 5½ 6 6½ 7 7½ ½ 6 6½ 7 7½ 8 8½ ½ 7 7½ 8 8½ 9 9½ ½ 8 8½ 9 9½ 10 10½ ½ 9 9½ 10 10½ 11 11½ ½ 10 10½ 11 11½ 12 12½ ½ 11 11½ 12 12½ 13 13½ ½ 12 12½ 13 13½ 14 14½ ½ 13 13½ 14 14½ 15 15½ ½ 14 14½ 15 15½ 16 16½ ½ 15 15½ 16 16½ ½ 16 16½ 17 17½ ½ 17 17½ 18 Page 20 of 21

21 ½ 18 18½ ½ ½ 42 2½ 3½ 4½ 5½ 6½ 7½ 8½ 9½ 10½ 11½ 12½ 13½ 14½ 15½ 16½ 17½ 18½ 19½ 20½ ½ 5½ 6½ 7½ 8½ 9½ 10½ 11½ 12½ 13½ 14½ 15½ 16½ 17½ 18½ 19½ 20½ 21½ Page 21 of 21

22 Service (years) ½ ½ 6 7½ 8½ 9½ 10½ 11½ 12½ 13½ 14½ 15½ 16½ 17½ 18½ 19½ 20½ 21½ 22½ ½ 6 7½ ½ 6 7½ 9 10½ 11½ 12½ 13½ 14½ 15½ 16½ 17½ 18½ 19½ 20½ 21½ 22½ 23½ ½ 6 7½ 9 10½ ½ 6 7½ 9 10½ 12 13½ 14½ 15½ 16½ 17½ 18½ 19½ 20½ 21½ 22½ 23½ 24½ ½ 6 7½ 9 10½ 12 13½ ½ 6 7½ 9 10½ 12 13½ 15 16½ 17½ 18½ 19½ 20½ 21½ 22½ 23½ 24½ 25½ ½ 6 7½ 9 10½ 12 13½ 15 16½ ½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 20½ 21½ 22½ 23½ 24½ 25½ 26½ ½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ ½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 23½ 24½ 25½ 26½ 27½ ½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ ½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 24 25½ 26½ 27½ 28½ ½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 24 25½ ½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 24 25½ 27 28½ 29½ ½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 24 25½ 27 28½ 30 Note The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 modifies certain provisions of the Employment Rights Act 1996 concerning redundancy payments in their application to individuals employed by local authorities or certain other bodies, most of which are local or regional. The effect of the modifications is that an individual's service with a succession of employers is treated as continuous for the purpose of determining his or her entitlement to a redundancy payment or the amount of any such payment. Employees must have a minimum of 2 years continuous service to qualify and there is a cap of 20 years' service that can be taken into account in the redundancy payment calculation. Page 22 of 21

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