June 2014 – Version 6.0

Index:

Human Resources

Redeployment and Redundancy Policy

Guidelines Interpreted for Schools

Document Control

Revision HistoryVersion Date Author Summary of Changes

2 23.1.12 Jean Sargent Updated statutory redundancy weekly pay cap amount – currently £430 per week

3 1.2.13 Jean Sargent Updated statutory redundancy weekly pay cap amount – effective from 1 February 2013 - £450

4 Apr 2013 Jean SargentLegislative changes related to Redundancy Consultation and Fixed Term Contracts effective from 6 April 2013

5 Aug 2013 Declan Leith Correction of typing error in Section 6 – Consultation Periods

6 Jun 2014 Jean Sargent Guidelines updated in line with Pay and Reward Changes – Notice Periods and Pay Protection

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Contents

Page number

Section Content

2 Index3 Glossary5 1 Scope of policy and introduction6 2 Organisational change7 3 Financial responsibility7 4 Consultation9 5 Individual consultation9 6 Consultation periods9 7 Close of consultation

10 8 Appointment to the new structure11 9 Redeployment12 10 Trial period13 11 Temporary redeployment13 12 Pay protection14 13 Redundancy process in schools16 14 Selection criteria for redundancy pools16 15 Selection criteria to identify individuals17 16 Unfair selection for redundancy17 17 Dismissal18 18 Notice periods18 19 Redundancy compensation payment20 20 Voluntary redundancy20 21 Appeals against selection for redundancy20 22 Redundancy appeal hearing21 23 Support to employees at risk of redundancy

Page Section Toolkit24 A Guidance for writing a business case25 B Template business case27 C Template timeline for consultation process28 D Example S188 Letter29 E Template agenda first consultation30 F Template agenda one to one consultation meeting31 G Template for ‘At Risk’ Letter33 H Example criteria matrix – primary school38 I Example scoring criteria39 J Redundancy redeployment form46 K Agenda for redeployment meeting47 L Template redundancy final letter49 M Redundancy modifications order

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GLOSSARYTerm DescriptionAppeals Committee Governing body committee responsible for taking appeal decisionsConsultation Informing e.g. staff group or trade union of a change and obtaining

their comments, counter proposals or views so that they can be fully considered before the change is implemented

Council’s HR Adviser A HR Adviser employed at the council rather than a contracted HR provider

Early retirement Retirement before the age of 65Establishment School or place of employmentFixed Term Contract A contract of employment with a specific and stated end dateGoverning Body Corporate body with general responsibilities for the conduct of the

schoolHR Human ResourcesHR provider Human Resources (HR) team that are contracted by the school to

deliver their HR servicesIEB Interim Executive BoardJE Job EvaluationJob share One job where the duties and hours are shared by two or more

part time staffMaternity regulations Government regulations covering women before and after their

child birthNatural wastage Where the employment of too many staff is reduced by staff

voluntarily leaving or changing job rather than through redundancyPay protection Method of protecting the pay of staff redeployed to lower graded

posts for a temporary period of time.Pension strain Additional costs of paying an employee’s pension earlyPreferred candidate status

Maybe granted for redeployed employees when applying for a vacancy on their substantive grade. This means that their application will be considered prior to any others, but that they will need to go through a formal recruitment process and evidence that they have the skills and ability to meet the essential requirements of the job

Prior consideration Process whereby employees at risk of redundancy are considered for vacancies before they are advertised more widely

Redeployment Transferring staff to an alternative jobRedeployment Register

Listing of staff identified as at risk of redundancy and seeking suitable alternative employment

Redundancy Committee

Governing body committee responsible for taking redundancy decisions

Ring fenced A vacant post(s) held open specifically for staff at risk of redundancy

Secondment Where staff temporarily transfer to an alternative job for a limited period of time. At the end of that period they return to their existing job.

Slotting in Where it is possible for staff to be transferred to a vacant post without going through a formal selection process

Substantive grade Permanent grade (as opposed to being temporary)Support Staff Staff working in a school in a non teaching postTrial period Where an employee is redeployed for a temporary period to assess

their suitability for a jobVoluntary redundancy

Staff volunteer for redundancy rather that it being compulsory

Workforce Planning A plan to consider current and future workforce needs and produce actions to ensure that they are met e.g. by training or succession planning

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1. Scope Of Policy And Introduction

Scope of policy

On adoption by the governing body or Interim Executive Board (IEB) these guidelines will apply to the following types of schools:

a) Community schoolsb) Voluntary-controlled schoolsc) Community special schools

These guidelines will not apply to the following types of school as the council is not the employer of their staff. However, the governing body may choose independently to adopt these guidelines with appropriate amendments.

a) Foundation and Trust schoolsb) Voluntary-aided schoolsc) Academiesd) City Technology Collegese) Foundation special schoolsf) Independent schools

Introduction

These guidelines must be read in conjunction with the guidance note: ‘Financial support for redundancy, premature retirement costs and severance payments in schools’.

These guidelines follow:

a) The principles set out in the council’s Redeployment and Redundancy Policy (council policy is indicated and included in italics amended to reference school bodies and job titles as appropriate). The council’s policy was drawn up following consultation with the recognised trade unions and teachers’ professional associations.

b) The process required to meet governance arrangements within schools.

Council policy:

Milton Keynes Council is committed to providing all staff with a stable working environment where possible. However circumstances may arise where developments in, for example, technology and organisational requirements necessitate the need for change. Organisational change can lead to restructuring and movement of staff and such situations will be handled sensitively and fairly.

This policy applies to all employees of Milton Keynes Council. For school based staff the principles contained in this policy should be applied but agreement from the governing body will be required.

This policy may be subject to review from time to time. This policy does not form part of employee’s terms and conditions of employment, and does not confer any contractual entitlement.

The ending of a fixed term contract may not, in certain circumstances, attract a redundancy payment. Advice should be sought from HR on this matter.

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2. Organisational change

Council policy:

At the outset of any anticipated change it is the responsibility of managers (the governing body/IEB) to draw up a robust business case to justify the proposed strategy.

The business case must contain the following elements:

Reasons for the proposed restructure Benefits (financial and non financial) Risks and employee relations issues Dependencies Proposed timescales and resource requirements

It is vital that the governing body/IEB consults with their HR provider and their financial adviser prior to formulation of the business case, which will include an assessment of pension strain, to ensure that employee and financial implications of the proposals are adequately addressed.

For a business case to be acted upon, it must demonstrate that it will bring operational benefits and/or deliver a net saving to the school or council over a period of three years.

The requirement for a robust business case is crucial as this document will be shared as part of the formal consultation with staff and the teachers’ professional associations and trade unions.

Council policy:

The council (governing body/IEB), in conjunction with the Corporate Director of Children and Young People’s Services, will endeavour where at all possible to preserve employment and mitigate against the need for any job losses.

This may include exploring:

Workforce planning Natural wastage Restrictions on recruitment Retraining and redeployment Reductions or elimination of overtime Short time working Voluntary redundancies, early or premature retirement Restricting the use of agency staff and consultants Unpaid leave Temporary job share or reduction in hours Secondment to other organisations Voluntary redeployment of schools staff within the council’s service

The governing body/IEB is strongly advised to seek advice at the earliest opportunity. This advice is available from the Corporate Director of Children and Young People’s Services (or her/his representative). In any event, the governing body/IEB must notify the council about the possibility of a staff reduction at the earliest opportunity (this should be done by contacting the Corporate Director of Children and Young People’s Services). The Corporate Director of Children and Young People’s Services (or her/his representative) has the right to be present at all meetings of the governing body/IEB and its committees when the issue of a staffing reduction is under discussion. The Corporate Director of Children and Young People’s Services (or her/his representative) will normally attend such meetings in order to provide advice and support.

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Where the governing body/IEB has delegated the responsibility for dismissals to the headteacher, the headteacher will make the decision on which post(s) are to be declared redundant based on the agreed criteria.

Council policy:

A redundancy situation arises where:a) the school ceases or intends to cease to carry on activity or work for which the employee was

employed; orb) the school ceases or intends to cease to carry on activity or work in the place where the

employee worked; orc) the requirement for employees to carry out work of a particular kind or in a particular location

has ceased or diminished, or is expected to cease or diminish.

TUPE transfer

Where, as a result of organisational change, e.g. contracting out of school cleaning services or the school becoming an academy, it is proposed that staff TUPE transfer from the employment of the local authority and where they have existing membership of the Local Government Pension Scheme (LGPS) and/or Teachers Pension Scheme (TPS), the implications must be raised by the headteacher with the council’s HR Manager and included in the business case.  This is to ensure that any pension issues are dealt with prior to transfer.

3. Financial responsibility

The council’s guidance document entitled ‘Financial support for redundancy, premature retirement costs and severance payments in schools’ sets out the council’s approach to funding part or all of the costs arising from schools governing bodies/IEB’s decisions regarding these matters.

4. Consultation

Collective consultation

Council policy:

The council (and governing body/IEB) will advise employees and Staff Side Representatives at the earliest time possible of the need to restructure or reduce employee numbers.

A statutory notice on behalf of the governing body/IEB and the council should be issued providing the information outlined below.

Council policy

Formal consultation commences when potentially affected employees and their representatives are provided with the business case outlining the proposals in writing. Under employment law, this must also include the following information if a redundancy situation is likely to arise:

The number and descriptions of employees likely to be affected. The total number of employees of that description employed at the establishment in question. The proposed method that will be used to make selection for redundancy. The proposed method of implementing, and the likely timing of, the redundancies.

In addition: The method of calculation for redundancy compensation to be paid to those who are dismissed. The date of the first consultation meeting (if known at the time).

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The consultation documents including the business case, structure charts (old and new), and new role profiles should be submitted by the headteacher who will provide them to the Chair of the Staff Side along with a statutory notice letter giving notice of the commencement of the formal consultation process. Formal consultation will be deemed to have commenced from this point.

Council policy:

The object of the consultation will be to find ways of avoiding redundancies if achievable or if redundancies are unavoidable, to minimise the impact on individuals as far as possible. As part of the process the council (governing body/IEB) must consider and respond to representations made by the teachers’ professional associations and trade unions including for example ways of avoiding, reducing numbers or mitigating the consequences of the dismissals.

At the same time as the statutory notice is issued the headteacher will inform the staff of the situation and the date of the first consultation meeting. This will take place as soon as possible. Those invited should include all staff likely to be affected, the relevant trade unions and professional association representatives, a representative of the Redundancy Committee and the Corporate Director of Children and Young People’s Service (or her/his representative). In exceptional circumstances there may be a need to hold more than one consultation meeting for staff on different conditions of service. Advice should be sought from your HR provider.

As part of any proposed restructure/reduction in posts the governing body/IEB should ensure that they look at all possible measures which may help prevent the need for redundancy or redeployment. Discussion should be restricted to broad issues only. This will avoid members of the Schools Redundancy and Appeal Committees having detailed prior knowledge of individuals before making their decisions.

A range of options are possible and the governing body/IEB is advised to discuss the situation with their HR provider to determine whether any of the possible measures are appropriate. Any measures that may offer a solution should be explored in more detail with the trade unions/professional associations as part of the formal consultation process.

There is no absolute legal requirement to obtain agreement on these matters before implementing redundancies but the headteacher/governing body/IEB must be able to show that the views of the trade unions/professional associations have been given serious consideration and that consultation was undertaken with a positive view to reaching agreement if at all possible.

Consultation with Fixed Term Employees

Employees on fixed term contracts that terminate as envisaged by the employer and employee (on the expiry of a specific term, on the completion of a particular task or on the occurrence or non-occurrence of a specific event) are excluded from the requirement to consult collectively.

This exclusion does not apply where a fixed term contract is being ended prematurely because of a redundancy situation. If this is the case then fixed term employees will count towards the threshold for collective consultation.

Employees that have accrued four years continuous service on fixed term contracts are regarded as permanent employees and cannot be excluded from the requirement to consult collectively.

5. Individual consultation

Council policy:

Even in cases where there is no legal obligation to consult collectively the manager (governing body/IEB) should still carry out a process of collective and individual consultation in order to discuss ways of avoiding redundancy.

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Details on how to conduct the consultation meeting and the suggested agenda are contained in the attached individual consultation meeting template in the toolkit.

Consultation must take place prior to any final decision being taken on the proposals for restructure/redundancies and employees should be given adequate time to respond. Any counter proposals offered either by the trade unions/professional associations or individuals should be responded to in writing. Where they are not taken on board the governing body/IEB must give an explanation stating the reasons why.

Following the individual consultation meeting an ‘At risk of redundancy’ letter will be issued to each employee identified as vulnerable as a consequence of the proposed change (draft contained in the toolkit). The ‘at risk’ letter should be issued by the governing body/IEB in discussion with their HR provider, with a copy sent to council’s HR Manager Resourcing. Once this letter has been issued affected employees will be added to the council’s Redeployment Register.

6. Consultation periods

Council policy:

In line with current legislation, the council will apply consultation periods as detailed below:

19 or less employees affected - the council will commence a 30 day collective and individual consultation period with the employees affected.

20 to 99 employees within any 90 days - the council will commence 30 days collective and individual consultation.

100 or more employees affected within a period of 90 days - the council will commence a 45 day consultation period.

These numbers relate to employees at each establishment. If the school runs independently of other schools then that school will be deemed to be one establishment. The head teacher will liaise with their HR provider to determine the appropriate consultation period.

Consultation must be undertaken with a view to reaching agreement.

There is a statutory duty on employers to notify the Department for Business Innovation and Skills if they propose to make 20 or more workers redundant at one establishment over a period of 90 days or less. Form HR1 obtainable from a Redundancy Payments Office or Job Centre should be completed by the appropriate HR Advisor in conjunction with the appropriate Assistant Director, with a copy sent to the Assistant Director HR Strategy.

7. Close of consultation

At the close of the consultation period the governing body/IEB must ensure that all representations from employees and trade unions/professional associations have been responded to in writing. The governing body/IEB must finalise the business case (taking into account any acceptable recommendations from the consultation process) and then notify the Corporate Director, Children and Families.

Where proposals have been initiated by the Corporate Director final agreement and sign off must be obtained from the Chief Executive.

Once sign off has been obtained the governing body/IEB must communicate the outcome of the consultation process to staff and trade unions/professional associations (giving the reasons why alternative proposals made have been rejected) and proceed to implement the structure.

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8. Appointment to the new structure

The following procedure should be used in order to bring about a smooth transition from an existing structure to a new structure. Its aim is to ensure a fair and consistent approach to the selection of employees in the new structure and to minimise uncertainty and disruption to all those affected.

Council policy:

Throughout the period of restructuring, employees will be kept regularly informed by their headteacher of developments and stages in the recruitment and selection programme.

Employees should be given every opportunity to discuss queries or concerns with their headteacher.

Council policy:

Permanent members of staff, those on fixed term contracts with at least one year’s service by the date of intended appointment and those who have been formally notified that their job is considered to be at risk will be given prior consideration in selection for permanent posts within the new structure.

Prior consideration for selection can only be given to employees in respect of posts on the same grade or one grade below their substantive grade.

This is to ensure that the avoidance of redundancy will always take precedent over promotion. It is not considered appropriate for an employee to receive prior consideration for a post that is two or more grades lower than their substantive role as this is unlikely to be viewed as a reasonable alternative role.

Council policy:

It may not be appropriate to advertise all posts. This is because, for certain posts, the grades of the new and existing posts may be similar in terms of salary levels, the duties may be broadly the same and there may be at least the same number of posts as potential applicants. In these circumstances an employee will be slotted in to the new position and advised of the start date of the appointment.

As a guide, in order for ‘slotting in’ to take place, the essential criteria for the role must be met, with an overlap in job content of at least 70%.

Council policy:

It may not always be possible to clearly identify the best candidate, on the basis of the above assessment. There may be more eligible candidates (once the above assessment has been carried out) than posts or the new post may be on a higher grade and require different skills. If this is the case, the new posts will be advertised internally (and possibly ring-fenced) and employees will be invited to apply using an application form, which will help identify their up-to-date experience and skills. Appointments will be made in accordance with the council’s recruitment and selection procedure.

When a post is ‘ring fenced’, it will only be open to those employees who are within the ‘ring fence’. The ring fence needs to be determined according to circumstance, but is normally those employees affected by a specific restructure, alongside any employee who is under notice of redundancy.

Appointments will be made from the top of the new structure downwards.

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9. Redeployment.

Council Policy:

The council will seek, wherever possible, to find permanent, alternative employment for employees commensurate with their experience, skills and abilities and where practicable at the same grade as their former position.

To facilitate this, the following process will be followed:

Redeployment registration process

As soon as employees have been notified in writing that their continued employment is at risk they will acquire Redeployment status and will be added to the council’s Redeployment Register thereby ensuring that they are provided with details of current vacancies within schools and the council. Redeployment status will continue until such time as they have been allocated to alternative employment or until the date of their termination of employment whichever is the sooner.

Once the employee has been advised that their employment is at risk it is important that they complete a Redeployment Form which will identify their knowledge, skills and abilities as well as any training/development requirements. An electronic copy of this form is available at http://staffintranet/.documentlibrary?get=16479 . Advice and support during this process will be provided by HR.

Suitable alternative work

Employees will be provided with a copy of the current vacancies on a weekly basis for school and council vacancies. The council’s Recruitment Team will conduct an initial trawl of the vacancies to identify a potential match for employees who have been “served notice” of redundancy. A potential match is where the employee’s experience, knowledge and skills appear very similar to the essential requirements for the post and where any shortfall could be made up within a maximum of three months with appropriate training.

If a potential alternative vacancy is identified the council’s Recruitment Team will contact the Headteacher or manager to discuss the situation. The employee will then be advised of the potential opportunity and HR will act to ensure that a meeting (for council posts) or interview with the recruiting manager (for school posts) is arranged.

It is necessary to draw the attention of employees to jobs that may not immediately be seen as a suitable alternative (i.e. posts more than one grade lower and therefore not attracting pay protection) as an employee may decide that the post on offer is suitable and be willing to accept a lower salary in order to preserve their employment. 

Headteacher/Governing Body/IEB’s responsibilities

Council Policy:

The council expects all employees to be treated fairly and consistently and to be accepted into a vacancy if they meet the essential criteria for the post or would do so with reasonable training.

If a recruiting Headteacher or manager does not wish to proceed with a redeployment she/he will need to provide detailed written reasons to the council’s Recruitment Team within two working days of the meeting or competitive interview decision. 

Offer of alternative employment

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Council Policy:

Any alternative offer of employment must be made in writing and be made prior to the previous contract ending.

The offer should include the following: Information about the job, whether it attracts the same remuneration or not, the terms and conditions that apply and whether these differ from the current job, the employee’s statutory right to a four week trial period.

10. Trial Period

Council policy:

When an employee is offered an alternative role that differs from their redundant role, the council will normally offer a four-week trial period. The four week trial period can be extended up to a maximum of three months at management (the governing body/IEB’s) discretion.

The council’s HR Advisor, with appropriate support from the council’s Employee Development Team, will agree with the headteacher/new manager the details of the trial period, including: length of the trial period, arrangements for initial induction, support and training; monitoring arrangements and criteria against which the trial will be assessed.

The headteacher/new line manager will make a detailed assessment of the employees training and development needs in relation to the new post. From that assessment a training and development plan incorporating a realistic timescale will be drawn up. This will require commitment from both the new employer and employee and will include specific job related training delivered either on or off the job as required.

The headteacher/new line manager will meet with the employee on a regular basis to monitor the employee’s progress. At the end of the trial period, unless there is evidence that the employee is unsuitable, a permanent appointment will be made.

The trial period may be extended where there are justifiable reasons, including pregnancy related illness, maternity leave or some other substantial reason.

If at the end of the trial period (either four-week or extended) the council or employee has evidence that the trial period has not been successful, the individual will still be eligible to receive a redundancy payment, based on the initial date of redundancy.

If at the end of the extended trial period it is evident that the employee would meet the required standard with a further limited period of training then the headteacher must contact the council’s HR Adviser to discuss. Each individual situation will be handled on a case by case basis.

If at the end of the trial period an employee unreasonably refuses a suitable alternative post the right to a redundancy payment will be lost. What constitutes an ‘unreasonable refusal’ will ultimately be determined by the governing body/IEB, however in the spirit of collaboration no final decision will be made without a full discussion with the employee concerned and the receipt of advice and guidance from HR.

11. Temporary Redeployment

Where no permanent redeployment opportunities exist, employees should be encouraged to accept redeployment on a temporary basis, to maximise their prospects of securing permanent redeployment. In these circumstances, the redeployee should be advised of the duties to be performed, the duration of the placement (minimum four weeks, maximum three months) and the commencement date.

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Such redeployment should be achieved with the agreement of the individual. Appropriate trade unions will be consulted and asked to assist in resolving any differences.

Where an individual is redeployed into a temporary post and their contract is terminated within the first year, their redundancy payment would normally be paid by the originating school. After this period, any redundancy payment falls to the new council directorate or school.

Maternity Regulations

An employee on maternity leave can lawfully be made redundant. However, those on maternity leave do have special rights, and, as a result, headteachers/line managers and recruiting managers need to exercise care in handling these redeployees. If an employee is selected for redundancy for a reason relating to their pregnancy, the birth of her child or her maternity leave, then the redundancy will be automatically unfair and will also constitute sex discrimination.

The maternity and parental leave regulations state that a woman on maternity leave or returning to work following maternity leave has an automatic right to be offered a suitable alternative vacancy over and above other staff at risk of redundancy. The terms and conditions of which must not be less favourable to her than if she had continued to be employed under the previous contract. Headteachers should discuss such a situation with the council’s HR Advisor.

12. Pay Protection

Council policy:

If an employee is redeployed into a post one grade lower than their old grade the council’s pay protection arrangements will apply. These arrangements will operate for a maximum period of two years from the date of redeployment.

Separate pay protection arrangements in the form of salary safeguarding exist for teachers. These are detailed in the School Teachers Pay and Conditions Document (STP and CD). For all other school based staff, the following provisions will apply.

Council policy:

There will be no pay protection applied if an employee elects to apply for a post more than one grade below their old grade.

Pay protection arrangements are as follows:

The first year will attract 100% salary protection. The second year will attract 50% salary protection No cost of living award will be applied to the protected element of salary. Pay protection will cease at the end of year two.

Some employees may have a legitimate equal pay claim when comparing themselves to other employees whose posts have been evaluated as being the same JE grade as themselves but who are in receipt of additional payments under the pay protection policy. Where this can be shown to be the case to the employer, equivalent payments will be made to those employees as are made to the comparable employees in receipt of additional payments under the pay protection policy.

If, during the two year period, an employee obtains a post at their former grade then they will be placed back on their former spinal column point thereby maintaining their salary level. Details of the pay protection arrangements will be contained within the contract variation which the council’s HR will issue to individuals who have been redeployed.

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Where there is protection of salary resulting from redeployment, the cost of this is borne by the originating school. It is expected that any employee on a protected salary would be encouraged and supported by their headteacher and HR provider to seek to regain a post at their substantive grade at the earliest opportunity.

Council policy:

During the first year of redeployment the employee on a protected salary will be afforded ‘preferred candidate’ status when applying for a vacancy on their substantive grade.

This means that their application will be considered prior to any others, but that they will need to go through a formal recruitment process and evidence that they have the skills and ability to meet the essential requirements of the job. This maybe different for redeployment between schools as in practice it may be only possible where schools based staff are interested in a job with the rest of the council. Advice on this will be provided by the headteacher’s HR Adviser.

13. Redundancy Process In Schools

Preparation, Planning And Timescale

At the outset of the planning process, the governing body/IEB will need to establish a Redundancy Committee which may either comprise one or two governors to act with the headteacher or a committee of three governors. Where the headteacher is not a member of the committee s/he will still be expected to attend in order to present the case and answer questions.

The governing body/IEB will also need to establish an Appeal Committee, which should comprise a minimum of three governors. No governor may be a member of both committees. Please note that these hearings would normally be clerked and a formal record of the proceedings must be kept.

The surplus staffing situation at the school may involve:

a) A unique post being declared redundantb) A reduction in the number of staff employed to do the same type of work (e.g. class teachers) where a selection matrix may be used (please see toolkit)c) A reduction in hours and/or a change in duties and responsibilities where a complete reorganisation of the structure may be advisable

The school’s HR Adviser will provide further advice and guidance on the most appropriate process to follow.

Whilst the school’s governing body/IEB has overall responsibility for the redundancy process, it is generally expected that the headteacher will lead on the following actions:

Prepare the rationale and timeline for staff reductions Ensure that supporting budgetary information is set out clearly Formulate proposals on how the reduction might be achieved Suggest the most appropriate process to be followed Where a selection process is required, determine the posts which will be included in the

selection ‘pool’ Ensure that consultation with employees and Trade Union/Association representatives takes

place Where selection is required, complete the skills matrix with individual staff and pass the

information (ensuring anonymity of the data) to the Redundancy Committee

The headteacher must ensure that all staff, including those who may be absent from work due to maternity leave and long term sickness are consulted and kept informed. (Note: It is automatically unfair to select a woman for redundancy on the grounds of her pregnancy).

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Headteachers should also ensure that employees on fixed term contracts are not treated any less favourably than permanent employees under the Fixed Term Worker Directive (2002). Advice regarding this issue should be obtained from the school’s HR provider (information is available in the Fixed Terms and Temporary Contracts in Schools Guidelines Jan 2008).

The role of the Redundancy Committee is to:

Discuss and agree the proposals set out by the headteacher Determine appropriate selection criteria Agree the redundancy timetable (see toolkit) Consider proposals put forward during the consultation process and formally respond At the end of the consultation, consider the information provided by the headteacher on the staff

skills and experience summary sheet and make the final decision on which post(s) are to be declared redundant and/or who is selected for redundancy based on the agreed criteria

The Appeal Committee will then hear any subsequent appeal(s).

In considering any reduction in staff, the governors should agree a realistic timescale for implementation. The contracts of teachers may be terminated on three fixed dates only in the year: 30 April, 31 August and 31 December.

Notice must be served by 28 February, 31 May and 31 October respectively in order to comply with statutory requirements. Contracts of employment for support staff do not limit termination to the end of a term, but in some cases there may be an entitlement of up to twelve weeks’ notice. It is strongly advised that the redundancy process should begin a full two terms before the proposed date of termination.

14. Selection Criteria For Redundancy Pools

Council policy:

Where the number of employees exceeds the number of employees required for a particular role, the council (governing body/IEB) will adopt a fair selection process using objective and relevant selection criteria. The criteria used will meet ACAS guidelines and are consulted upon with the trade unions. Pools of employees for selection, selection criteria and their application, will be consulted with appropriate trade unions and individual employees before their application.

In seeking to identify the appropriate pool, the governing body/IEB should consider the following factors:

The type of work the employees within the group are carrying out Whether other groups of employees are doing similar work Whether any of the jobs are interchangeable

15. Selection Criteria To Identify Individuals

Once the group for selection has been identified the next stage is to identify the selection criteria that are applied to identify potential individual candidates for redundancy. The criteria must be objective and evidence based.

Council policy:

The council policy uses the following criteria: Skills and experience Aptitude and approach to work

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Standard of current work Attendance record (absences relating to an employee’s disability should be discounted when using attendance as a selection criteria)

A full explanation of the criteria and advice on how it should be applied as well as the pro-forma to complete is contained within the toolkit. It is important that this is completed with reference to any current performance management record.

The setting and application of the detailed selection criteria to meet school objectives and in accordance with the criteria detailed above should be carried out by the headteacher in conjunction with the Redundancy Committee, who should seek advice from their HR Advisor before it is applied.

The Redundancy Selection Criteria – Pro-Forma (see toolkit) should be completed by each employee within the selected group. A Selection for Redundancy Matrix should then be used to score each employee against each of the selection criteria. This exercise should be carried out by the headteacher, the Redundancy Committee and an HR Representative (see toolkit for example scoring system).

The scores in respect of each criterion will be added together for each individual and the totals used in deciding which employees are retained and which are made redundant. The employees with the lowest scores will be selected for compulsory redundancy. In the event of the criteria producing equal scores, then a final decision on which employee will be selected for redundancy will be made by the Redundancy Selection Committee.

Written records must be kept of the assessments for each individual employee and the reasons for the decisions.

The outcome of the Redundancy Committee’s selection assessments must be given to the affected employees as soon as possible after the exercise has been completed. This feedback on the reasons for selection including the scoring should be give as part of the individual meeting with the relevant affected employee(s) by the headteacher. The employee will be given the right to be accompanied by a union/professional association representative or work colleague at the meeting. The post holder(s) will be notified in writing of the decision (for draft letter see toolkit). Please see section 18. for information regarding the dismissal letter.

The employee will also be advised of his/her right of appeal. If the employee wishes to exercise that right, s/he should write to the headteacher setting out in full the grounds for the appeal within ten working days of the date of written notification of redundancy to the headteacher.

Information about the redundancy appeal policy and process is contained in sections 21 and 22.

16. Unfair Selection For Redundancy

It is automatically unfair in law to select employees for redundancy because of:

Trade union/professional association membership (or non-membership), or position as a trade union/professional association representative

Gender, marital status, race, ethnic origin, disability, age, religion and belief or sexual orientation Pregnancy

17. Dismissal

Council policy:

Individual employees will be notified about their impending redundancy at the earliest possible opportunity.

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The chair of governors will immediately notify the council in writing of the Redundancy Committee’s determination that the employee will be dismissed on the grounds of redundancy and will issue a formal notice of dismissal to the employee within 14 days of their decision (see toolkit).

The letter will detail the date upon which the employee’s employment with the council will terminate as well as the amount of redundancy payment to which the employee is entitled. Enclosed will be a redundancy modifications order proforma, which the employee will be required to complete and return (see toolkit).

18. Notice Period

Council policy:

The amount of notice which an employee is entitled to receive is that set out in their contract of employment or the statutory period, whichever is the greater. Notice will usually have to be worked in accordance with the contract although payments in lieu of notice may be made in appropriate cases.

For teaching and support staff the employee will receive full pay for the period of notice to which they are entitled under his/her contract of employment, or notice equating to one week for each completed year of local government service up to a maximum of 12 weeks, whichever is the greater. An employee who is not entitled to a redundancy payment is nevertheless entitled to paid notice.

For teaching and support staff, where it is not possible to serve notice sufficiently early to fulfil the contractual or statutory notice requirement, a payment in lieu of notice will be made and the employee will not be required to attend for duty during the corresponding period. Headteachers should consult with their HR Advisor if they believe a case warrants this approach.

For teaching staff their contract may be terminated on three fixed dates only in the year: 30 April, 31 August and 31 December, subject to notice being issued (specifically by 28 February, 31 May and 31 October respectively) in accordance with their conditions of employment. If these specific notice dates are not met it would lead to an extended payment in lieu of notice until the end of the subsequent term. Headteachers should consult their HR Advisor in these circumstances.

An employee may ask to leave the council’s employment before the expiration of their notice period. The headteacher would normally agree to such a request providing there are no specific operational reasons for insisting that the employee works the remainder of their notice. If agreed, this will not invalidate the right to a redundancy payment.

Where there is agreement to an employee’s request to leave early they will still be deemed to have been dismissed by the council but on the date the employee actually leaves, not the original date given in the council’s original notice of redundancy. In these circumstances salary would only be payable up to the date of termination.

19. Redundancy Compensation Payment

Council policy:

The following applies in instances of both compulsory and voluntary redundancy:

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An employee who is dismissed for redundancy will be entitled to a redundancy payment providing s/he has two years or more continuous service with the recognised bodies under the Redundancy Modifications Order.

In summary, the elements to the calculation are age, length of service and pay. In respect of pay the council will apply the statutory weekly pay cap as set out in the Employment Rights Act 1996, which is reviewed annually (currently £450 per week). A locally agreed multiplier of 1.5 will also be applied as detailed below.

Service between ages Entitlement

Up to age 21 0.75 week’s pay (with cap) for each completed year of service

22 to 40 (inclusive) 1.5 week’s pay (with cap) for each completed year of service

41 plus 2.25 week’s pay (with cap) for each completed year of service

The maximum number of years’ employment which can be taken into account is 20.

Support staff employed on term time only contracts will have their weekly pay calculated by dividing their pro rata salary by the number of paid weeks.

The School’s HR Advisor will provide assistance with calculating the redundancy compensation payment.

Council policy:

Any entitlement to redundancy pay may be forfeited and retained by the council should an employee be found guilty of gross misconduct at the time of a redundancy announcement or during the notice period.

Employees who are members of the Local Government Pension Scheme (LGPS) and have attained the age of 55 are entitled to immediate payment of unreduced pension and lump sum if early retirement is on the grounds of redundancy, subject to three months pensionable service.

Employees who are members of LGPS may elect to convert some or all of their lump sum compensation in excess of the statutory redundancy payment into augmented years for pension purposes; the maximum this can equate to is one third of the total redundancy payment, this election must be made before the member’s last day of service.

Further information is available from the Pensions Section at Buckinghamshire County Council.

The LGPS Regulations only allow the transfer of previous pension benefits into the pension scheme within the first 12 months of joining the scheme, the employer having discretion to extend this limit. The council will consider such requests on compassionate grounds, but redundancy alone is not considered to be a legitimate reason for this.

Employees in Teachers’ Pension Scheme (TPS)

From age 55 employees who are members of the TPS may take early retirement by accepting actuarially reduced benefits (ARBs). Further information is available from the council’s HR Adviser.

Employees who are aged 56 or over and are made redundant or leave pensionable employment on the grounds of organisational efficiency, are eligible to be considered for premature retirement benefits. Further information is available in the council’s Premature Compensation Policy (PRC) for Teachers and from the council’s HR Adviser.

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20. Voluntary Redundancy

Council policy:

Although not often used Voluntary Redundancy is an alternative to compulsory redundancy dismissals and may be considered. This will attract the same level of redundancy compensation as compulsory redundancy.

Volunteers would normally be asked to indicate their willingness to be considered, without commitment, for redundancy. However the most competent employees who have the best chance of securing alternative employment tend to be the first to volunteer. There may also be more volunteers than necessary or the volunteers are from an area in which the school wishes to retain skills. There may also be quite serious morale problems if volunteers are told they cannot be released. It is therefore advisable when seeking volunteers to:

Specify the criteria and the package on offer (this will be the same as compulsory redundancy) Conduct the exercise in two stages, first asking for no-commitment indicators of interest followed

by discussions at which it could be established whether the individual was eligible to volunteer, and secondly by drawing up a final list of volunteers.

Determine skill sets that can not be lost.

In any event, in making the first announcement of a voluntary scheme, it is always advisable to stress that not everyone who volunteers can automatically be selected. There would also be no right of appeal against a decision not to grant an employee voluntary redundancy.

21. Appeals Against Selection For Redundancy

Council policy:

Any employee selected for redundancy will have the right to appeal against the redundancy decision, including the application of the relevant criteria.  The appeal must be based on the belief that the employee feels the selection criteria have been applied unfairly in their case or that they have been wrongly included in the unit of selection (pool) or that the unit of selection has been wrongly determined.

The appeal should be submitted in writing normally within 10 working days of the date of the written notification of redundancy, to the headteacher.

22. Redundancy Appeal Hearing

Following receipt by the headteacher of the written notice of appeal, the employee will be invited to attend a hearing of the Appeal Committee and given at least ten working days’ written notice of the date, time and venue. The letter should give the names of the members of the Appeal Committee, remind the employee of the right to be accompanied by a union/association representative or work colleague at the hearing, and state that representations may be made in person and/or in writing. The Corporate Director of Children and Young People’s Service (or her/his representative) and HR provider should be notified of the hearing in order for them to attend in an advisory capacity.

The clerk will ensure that all relevant documentation is sent to all parties concerned at least five working days before the date of the appeal hearing. The Appeal Hearing should be conducted as follows:

(a) The chair of the Appeal Committee will make the necessary introductions

(b) The headteacher or chair of the Redundancy Committee will present the case for the nomination of the employee’s post for redundancy

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(c) The employee (and/or his/her representative or work colleague) and the members of the Appeal Committee may ask questions of the headteacher or chair of the Redundancy Committee

(d) The employee (and/or his/her representative or work colleague) will present reasons why his/her post should not be nominated for redundancy

(e) The headteacher or chair of the Redundancy Committee and the members of the Appeal Committee may ask questions of the employee (and/or his/her representative or work colleague)

(f) The headteacher or chair of the Redundancy Committee may sum up his/her case if s/he wishes

(g) The employee (and his/her representative or work colleague) may sum up his/her case if s/he so wishes

(h) The chair of the Redundancy Committee, the headteacher and the employee (and his/her representative or work colleague) should withdraw from the hearing. The clerk and the Director of Children and Young People’s Services (or her/his representative) will remain

(i) The Appeal Committee will come to a decision(j) The Appeal Committee will inform the employee and the headteacher of its decision in

person and subsequently in writing. The letter should state that the appeal has been properly considered and give reasons for the decision.

NOTES: If the headteacher does not present the case on behalf of the Redundancy Committee, s/he will attend throughout the hearing to answer questions from all parties. The committee may recall the headteacher and the employee (with his/her representative or work colleague) to clear points of uncertainty on the information which has been given, provided that both parties are recalled even if the point of uncertainty concerns the views of one party only.

23. Support To Employees At Risk Of Redundancy

Council policy:

As well as redeployment support (detailed in Section 9) the council will aim to employ a number of different measures to assist employees at risk of redundancy. Access to these measures will be arranged by the school with the support of the HR provider and may include:

Retraining

To help facilitate the redeployment of an employee ‘at risk’ of redundancy retraining may be offered if it has been determined that there are no suitable alternative opportunities available without retraining. This training may take place prior to an individual being redeployed (i.e. to improve their chances of redeployment) into a new job or following redeployment (training specific to the role offered) into a new job or a combination of both depending on the circumstances of each individual case.

As part of the redeployment process the employee will meet with their HR Advisor (and if necessary an Employee Development Consultant) to identify any particular training needs and to determine whether or not those needs can be met. At the end of the meeting a training plan should be developed clearly outlining the steps to be taken and the roles and responsibilities of the employee, headteacher and HR.

If through the workforce planning process it has been determined that there is a growth area within the council then training may be offered to employees to equip them with the skills appropriate to undertake such roles.

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Progress during retraining must be regularly assessed by the headteacher in consultation with the employee.

Employees undergoing retraining are expected to give full commitment and have a positive attitude to the training provided and to be prepared to undertake courses to acquire the necessary skills knowledge and experience.

Employees will be entitled to receive reimbursement for any legitimate expenses incurred during retraining subject to the normal rules on expenses claims.

The employee’s former school will fund the retraining costs.

Coaching Support

The council’s Learning and Development Team within HR is able to provide support on CV writing as well as help with interview skills. Employees at risk of redundancy will be offered this support at the point at which they are registered for redeployment.

Job Search And Outplacement Support

The council may provide support to help individuals better equip themselves for the external job market. This will include help with producing a CV, appropriate training and assistance in identifying external job opportunities.

Time off to look for a new job

Council policy:

Employees who are advised that they have been selected for redundancy will be entitled to a reasonable amount of paid time off work to look for another job (whether internal or external) or to arrange training for future employment.

Dates and times should be agreed with the employee's headteacher in advance. Headteachers may obtain from the employee in advance, proof of interviews/appointments. Headteachers who are unsure how to handle requests of this nature should seek advice from their HR Advisor.

Counselling Services

Counselling and other support services may be appropriate and headteachers should contact HR for advice on accessing this provision.

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TOOLKIT

Page Section Toolkit24 A Guidance for writing a business case

25 B Template business case

27 C Template timeline for consultation process

28 D Example S188 Letter

29 E Template agenda first consultation

30 F Template agenda one to one consultation meeting

31 G Template for ‘At Risk’ Letter

32 H Example criteria matrix – primary school

38 I Example redundancy scoring

39 J Redundancy redeployment form

46 K Agenda for redeployment meeting

47 L Template redundancy final letter

49 M Redundancy modifications order

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Toolkit A – Guidance For Writing A Business Case

PROPOSED REDUNDANCY/ RESTRUCTURE

Writing a business case

Your paper should be suitable for circulation to: Assistant Director Universal Services (all schools + primary schools)/ Assistant Director

Targeted Services (special schools) Assistant Director Partnerships, Commissioning & Performance and Corporate Director Children

& Young People’s Service (cc’d) Governing body/ IEB Trade Unions/ professional associations Staff affected (directly and indirectly)

The business case should contain four headings/ sections: Rationale for proposed changes Current staff structure Proposed staff structure from <insert date> Key changes/ benefits resulting from proposed changes

Remember to include the following points under the final heading in the paper: State how the proposed new structure will enable the school to better fulfil its objectives State how the school will be more robust under the proposed new structure (what’s in it for

them?) State how the proposed new structure will impact the school budget

At the beginning or end of your paper, you will need to explain how the proposed new structure will be communicated and the timeline for the consultation process.

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Toolkit B – Template Business Case

Business case for a potential reduction in staffing

(Teaching and/or Support Staff)

<Insert Date>

PRIVATE AND CONFIDENTIAL

Author: <Insert Name>, Headteacher, <Insert School Name>

A RATIONALE FOR PROPOSED CHANGES

Explain what has triggered this situation to come about, why there is the need to reduce the number of posts in the structure, what alternative solutions have been considered, etc.

B CURRENT STAFFING STRUCTURE

This can be presented in a table format or an organisation chart can be inserted. Either way, names must not be stated but grades and FTE’s should be made clear for each post.

C PROPOSED STAFFING STRUCTURE WITH EFFECT FROM <INSERT DATE>

This should be formatted in the same way as the last section so that is it easy to make comparisons to see the differences between the current staffing structure and the proposed staffing structure.

D KEY CHANGES/ BENEFITS RESULTING FROM PROPOSED CHANGES

Explain how the proposed new structure will enable the School to better fulfil its objectives, how the School will be more robust under the proposed new structure (what’s in it for them?), how the proposed new structure will impact upon the School budget, etc.

E PROPOSED CONSULTATION PROCESSAll staff and recognised trade unions will be given the opportunity to engage in discussion and consultation at appropriate stages of the process.

The process will be conducted in an open, fair and transparent manner at all stages.

The process will not place unreasonable workload pressures on staff.

The proposed changes will be considered by the governing body at a meeting on <Insert Date>.

Formal consultation will begin on <Insert Date> and end on <Insert Date>.

The Governing Body will consider any amendments to the proposed changes at a meeting on <Insert Date>.

<Insert Date and Time> Preliminary meeting with all staff and recognised trade unions

<Inset Date> Individual consultation meetings

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<Insert Date and Time> Final consultation meeting

Responses to the consultation should be made in writing and addressed to the headteacher.

See attached timeline for further details of the process and dates.

25

Toolkit C – Template Timeline For Consultation Process

TIMELINE FOR PROPOSED RESTRUCTURE/ REDUNDANCY CONSULTATION PROCESS

XX School

Date Action CompletedProposed business case and consultation process is drafted by Headteacher and agreed with HR provider and specified Officers of Milton Keynes CouncilFull Governing Body convenes to discuss and agree in principle the proposed business case (to be clerked). Redundancy Committee and Redundancy Appeals Committee formed if requiredLetters go out from the headteacher to all staff inviting them to the first consultation meeting giving appropriate notice. Communication is also sent to all trade unions via the Staff Side Chair circulating the S188 letter, proposed business case and advising them of the consultation processFirst Group Consultation meeting with all staff is heldSecond Consultation meeting (one to one meetings with all directly affected staff)Final Consultation meeting takes place with all staff which completes the consultation processFull governing body convene to ratify final proposed business case (to be clerked)Redundancy Committee, headteacher and HR provider agree criteria for the selection processHeadteacher meets with directly affected staff to formally notify of ‘at risk’ situation giving them criteria matrix and requesting them to complete form and returnClosing date for receipt of criteria matrices by headteacherCompleted criteria matrices sent by headteacher to the Redundancy Committee and HR providerRedundancy Committee meet formally to assess forms and score with headteacher and HR providerHeadteacher meets affected staff, inviting them to be accompanied by a trade union representative or work colleague, to give them decision of the Redundancy Committee and notify them of their right to appealChair of Governors notifies Milton Keynes Council of the outcome and dismissal notice to be issuedHeadteacher and HR provider to meet with affected staff to explore redeployment optionsAppeals heard by Redundancy Appeals Committee (Chair of Redundancy Committee and HR provider not involved in selection process to attend)Affected staff notice period ends thus employment terminatesEffective date of new staffing structure

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Toolkit D – Example S188 letter

To: All Professional Associations and Trade Unions

<Insert Date>

Dear Colleague,

Section 188 Redundancy Notice

It is with regret that I write to confirm the governing body/ IEB of <Insert Name> School has declared the need to achieve a reduction in the number of posts at a certain level within the school with effect from <Insert date>.

The school propose to implement a revised staffing structure for the provision of <Insert reasons>. The changes are proposed to reflect the <Insert details>.

The proposals directly affect <Insert number> support/ teaching staff and <Insert number> others indirectly. The proposal is to delete the existing post of <Insert Job Title(s)> and create a new post of <Insert Job Title(s)>, with other staff namely <Insert Job Title(s)> only impacted in so far as revised reporting lines within the team.

The school will be following the adopted Redundancy Policy and Procedure for Schools Staff and you are invited to the first consultation meeting with the affected staff at the school, on <Insert date>, commencing at <Insert time>.

The consultation period will end on <Insert date>. Any comments, counter proposals to minimise the impact, or observations you may wish to make should be sent to <Insert name>, Headteacher, on 01908 <insert number> before this date. Should you require any further information or have any questions in relation to the above proposals, please do not hesitate to contact <Insert name>.

Yours sincerely

<Insert name>Milton Keynes Council/ Governing Body/ IEB

CC <Insert name>, Human Resources<Insert name>, Milton Keynes Council

27

Toolkit E – Template Agenda First Consultation

Consultation meeting with XXXXXXXXXX staff

Re: Proposed restructure/ redundancy

<Insert Date> – <Insert Time>

AGENDA

1. Welcome and introductions

2. Explain purpose of meeting

3. Proposed changes to staffing structure (talk through each section of the business case, heading by heading, then circulate document if you wish but not essential)

4. Explain next steps (wish to avoid any compulsory redundancies, looking to find alternatives where possible, welcome ideas/ suggestions from staff)

5. Distribute Managing Change, Redundancy Policy and Procedure for School staff

6. The “change curve”

7. Questions from staff/ trade unions (make a note of the questions asked and answers given)

8. Reinforce support available (from trade union/ professional association, school, human resources, teacher support network)

9. Contact details for queries

10. Date and arrangements for next meeting (one to one meetings with staff affected to discuss own situation)

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Toolkit F – Template Agenda One To One Consultation Meeting

Consultation meeting with XXXXXXXXXX staff

Re: Proposed restructure/ redundancy

<Insert Date> – <Insert Time>

AGENDA

1. Welcome and introductions

2. Purpose of the meeting

3. Recap key points of the proposed changes

4. How the proposed changes may affect the individual

5. Questions from the individual – related to consultation meeting and specific queries about own situation

6. Any suggestions for avoiding the need for redundancies?

7. Sources of support and advice

8. Where to channel questions / counter proposals

9. Date of next meeting (final stage of consultation)

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Toolkit G – ‘At Risk’ Letter

PRIVATE & CONFIDENTIALNameAddress

Date

Dear [Name]

Notification of Potential Redundancy Following Group Consultation Meeting

I am writing to confirm the details of the Group Consultation meeting which took place on [Date]. Present at the meeting were [Enter names and job titles] and at the meeting you were advised of the reasons for the redundancy situation and these are summarised as follows:

[Insert summarised reasons for the redundancy, these can be found in the Business Case]

You were also advised that your role is “at risk of redundancy” and you may, subject to the completion of full and proper consultation, be dismissed by reason of redundancy as a result.

I invited you to consider any counter proposals you may have and submit them in writing to me or through the trade unions prior to the close of the consultation period.

You raised the following points which we will consider:

[Insert issues raised].

The meeting formally represents the beginning of a period of group and individual consultation and we will consider all ideas, suggestions and representations you wish to make to us in this period.

I will also ask [enter name and job title] to be available to hold individual consultation meetings with those affected week commencing (DATE). Please contact your manager (NAME) to arrange this if required.

The school may consider requests from individuals wishing to apply for Voluntary Redundancy. Voluntary Redundancy payments and notice periods are calculated on the same basis as for compulsory redundancy. If this is an option you would like to explore please raise this with your manager at your Individual Consultation meeting. It is however important to note that the school is not obliged to accept every or any volunteer for redundancy if it does not consider it appropriate to do so. The decision on whether or not to grant voluntary redundancy will be based on business need and there will be no right of appeal should an individual’s request be refused.

Redeployment was also discussed and you were advised that you will now be added to the council’s Redeployment Register. You are required to complete a Redeployment Form which is available on the council’s intranet at: http://staffintranet/.documentlibrary?get=16479 and return it by e-mail to: jobs@milton-keynes.gov.uk no later than (DATE). This form will help identify your knowledge, skills and abilities as well as any training or development requirements. It is important that the form is completed in full as it will be used to match you to potential alternative vacancies within the council. A brief on the Redeployment process is enclosed with this letter.

Support is also available from Learning and Development Team on (01908) 253854 if you would like to further discuss your training needs/explore training opportunities.

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I appreciate that this is a very difficult time for you and if you would like to meet with your manager please arrange this with them directly.

If you would find it useful, support is available from the Teacher Support Network. You may contact them on 08000 562561.

A further group consultation meeting has been arranged for [Insert date] at [Insert time] in [Insert location].

Yours sincerely

[Signatory Name]

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Toolkit H - Selection Matrices

Example criteria matrix – primary school Teacher No:Individual Teacher record sheet

Name:

Please complete this form as preparation for an individual meeting with your head teacher. The meeting will give you an opportunity to discuss your skills and experience and to demonstrate, with examples, how you have applied those skills. You should indicate your own initial ratings on a scale of 1-4 as indicated and this will be discussed and ratified by your head teacher.

(1) Basic application (2) Skilful application (3) Significant expertise (4) Expert

Key: A = Recent experience within the last three years B = Potential because of skills, qualification and experience from previous positions

SPECIFIC SKILLS AND EXPERIENCE

A1-4

B1-4

Please give details and examples with an indication of when you undertook this work

Experience of Early Years Foundation Stage (EYFS)KS1 Experience

KS2 Experience

Co-ordinator of SEN

Experience of teaching and resource development in curriculum areas:

*

Curriculum items of particular importance where special weighting will be applied

Example Criteria Matrix – primary school

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English*Maths*Science*IT*TechnologyHistoryGeographyArtPEMusicREPSHE and Citizenship

Individual Teacher Record Sheet Teacher No

Signature: Date: Example criteria matrix

This example is for a primary school and it will need to be amended to suit individual school’s needs. Please contact your HR provider for their advice. Summary sheet

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APTITUDE AND APPROACH TO WORK

Please use this space to indicate how you have contributed to the life of the school: (Responses in this section are deemed particularly important and will attract weighting)

Qualifications – relevant / specialist:

CPD – recent and relevant (within the past three years). Please indicate how you have put this into practice within the classroom:

Any other comments or information regarding your experience and achievements:

STANDARD OF CURRENT WORK

Any current formal warnings under Capability Procedure?

ATTENDANCE RECORD (Absences relating to a disability should be discounted)

(1) Basic application (2) Skilful application (3) Significant expertise (4) Expert

Key: A = Recent experience within the last three years B = Potential because of skills, qualification and experience from previous positions

SPECIFIC SKILLS AND EXPERIENCE

Teacher Number 1 2 3 4 5 6A

1-4B

1-4A

1-4B

1-4A

1-4B

1-4A

1-4B

1-4A

1-4B

1-4A

1-4B

1-4Experience of teaching Early Years Foundation Stage (EYFS)KS1 Experience

KS2 Experience

Co-ordinator of SEN

Experience of teaching and resource development in curriculum areas:

English*Maths*Science*IT*TechnologyHistoryGeographyArtPEMusicREPSHE and Citizenship

* Curriculum items of particular importance where special weighting will be applied

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Example Criteria Matrix – Primary School Summary sheet

Teacher Number 1 2 3 4 5 6APTITUDE AND APPROACH TO WORK

Contributions to the life of the school

Qualifications – relevant/specialist:

CPD – recent and relevant (within the past three years). Please indicate how you have put this into practice within the classroom:

Any other comments or information regarding your experience and achievements.

STANDARD OF CURRENT WORK

Any current formal warnings under Capability Procedure?

ATTENDANCE RECORD (Absences relating to a disability should be discounted)

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Supplementary Notes

Selection Criteria And Using The Matrix

In order to determine the area(s) of staffing where a reduction could be made with least detriment to the school, it will normally be necessary to undertake a detailed analysis of its curricular timetable and managerial needs. In assessing the managerial needs, account should be taken of the school’s management and development plans, with particular reference to any recommendations following an Ofsted inspection.

In addition, an audit should be undertaken of staff skills and experience using a criteria matrix as exemplified in this toolkit. The headteacher or other senior member(s) of staff should complete an individual record sheet for each member of staff in discussion with them. The headteacher should then transfer this information on to the summary sheet.

In devising and using the matrix the following are of great importance: • job description and the agreed role(s) and responsibilities that they contain; • courses/INSET attended and the link with the school’s priorities and future planning (investment

made for leading/co-ordinating developments); • skills, qualifications and experience not currently used that could be called upon (e.g. from

previous roles and responsibilities, other activities, extra curricular interests, etc)

Crucial to the value of the matrix are the various headings, which must reflect the school’s structure and management. These will vary from school to school, and it is suggested that the headteacher and Group Director (or his/her representative) and, in the case of an aided school, the Diocesan Director of Education (or his/her representative) could work on this with the governing body, whose support for this approach is essential. Staff and their representatives will have the opportunity to comment on the proposed headings.

The Redundancy Committee will undertake a matching exercise to compare the information that has been obtained, both on the school’s needs and on the staffing resources available. This should identify the members(s) of staff to be declared redundant. In the event that a redundancy decision is challenged, the summary matrix may have to be made available.

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Toolkit IXXXXX SCHOOL

Example scoring criteria

The Redundancy Committee agrees the scoring criteria as follows:

1. Unsatisfactory/ insufficient information provided2. Training needs3. Partially meets criteria4. Meets criteria5. Exceeds criteria

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Toolkit J - Redundancy redeployment form

Redeployment form (Part A)

Please complete this form electronically and return it to your Schools HR Advisor and the Council’s HR Resourcing Manager.

1. Personal details Surname:       Title:      Forenames:      Address:       Telephone Number

Home:      

Work:      

Postcode:      

1.1 Personal email address:      

2. Your present jobSchool:       Expected leaving date:      

(if known)

Job Title:      

Brief details of the duties / responsibilities which you are able to perform within your current capabilities:      

3. Previous employment history Name of Employer Dates Job Title Brief description of duties

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From To

                             

                             

                             

                             

                             

                             

                             

                             

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4. Redeployment informationNOTE: It is essential that you complete the following sections as accurately as possible. All boxes

must be completed. The details that you provide will be used as the basis for ‘matching’ your skills, etc and requirements against appropriate vacancies. The attached Equal Opportunities form must also be completed. (It is used for monitoring purposes only.)

a) Qualifications / educational level achieved(Please fill in all applicable sections, starting with the most recent first)

Dates (from – to) School/College/University

Examinations passed and educational level (e.g. GCSE, Diploma, Degree) Grades

                       

                       

                       

                       

b) Job related training / professional qualifications(Start with the most recent first, please include membership of professional institutes if applicable).

Dates (from – to) Awarding Body/ Institute Qualification/ Membership Level

                 

                 

                 

                 

                 

                 

                 

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e) Skills / experienceDetails of what you consider your strengths and main transferable skills and experience to be.

     

5. Other relevant experience This information may be of assistance in placing you in alternative employment (including unpaid work, child rearing, caring, or other activities outside of work)

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6. Do you wish to receive a regular copy of the staff vacancies bulletin?YES NO

SIGNATURE:       DATE:      

Please return Part A of the completed Redeployment Form to the Council’s HR Resourcing Manager:

Human Resources, Saxon Court, 502 Avebury Boulevard, Milton Keynes, MK9 3HS

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Redeployment form (Part B)(This section will not be viewed by Recruiting Managers)

1. Personal details Surname:       Title:      Forenames:      

Do you have a disability which has an affect on your employment? YES NO

2. Working hoursContracted weekly hours:      Full-time Part-time ShiftsTerm time only Weekends

If part-time, number of hours worked per week:      

Normal start / finish times:      

Date commenced this post:       Date of commencement withCouncil:      

3. Location (within Milton Keynes) that you would be prepared to travel to work in. Any Or list specific Location/s:      

Do you drive? YES NO

Do you have your own, reliable, transport? YES NO

4. Hours per week (that you would actively consider working)

Full time YES NO Part time YES NO

Would you consider a temporary post? YES NO

Are you prepared to work shifts? YES NO

Are you prepared to work weekends? YES NO

Do you wish to work in Term Time Only? YES NO

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5. Work / occupational areas that you would actively consider(Taking into account your skills and experience please indicate your preferences by putting a number between 1 and 5 in the relevant boxes below e.g. 1 = most preferred, 2 = second choice, 3 = would consider, 4 = least preferred option, 5 = would not consider)

Administrative e.g. Office, Clerical Work, Word Processing etc   

Care e.g. Social work, Work in a Residential/Day Centre or Youth work   

Managerial e.g. Managing a team or function   

Manual e.g. Catering, Cleaning, Caretaking, Gardening   

Professional* e.g. work requiring specialist skills, training or knowledge   

* Please state which professional area(s):      

Additional information (e.g. other work/occupational areas that you believe you would be capable of

undertaking):

     

Please return Part B of the completed Redeployment Form to your HR Advisor:

Human Resources, Saxon Court, 502 Avebury Boulevard, Milton Keynes, MK9 3HSToolkit K – Agenda redeployment meeting

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DRAFT AGENDA FOR REDEPLOYMENT MEETING

1. Check whether employee is accompanied by a Trade Union Representative or work colleague.

2. Give employee copy of Redeployment Policy and state an overview of the process.

3. Explain that there is no guarantee of finding a suitable job for the employee but we will make every effort to support this.

4. Inform employee of the situation if a suitable redeployment opportunity is not found.

5. Discuss the employees completed redeployment form and encourage as much flexibility as possible as this will create more options for redeployment.

6. Explain that the employee is required to apply for positions within MK and it won’t be possible to just ‘slot in’.

7. Share with the employee the latest copy of the schools vacancy list and council vacancy bulletin.

8. If the employee has access to the internet they should regularly check the MK website.

9. Ask the employee to bring a new memory stick, still in its packaging, to HR at Saxon Court and we will share advice and guidance documents to assist in the job hunting process.

10. Further support is available from Roger Palethorpe, Employee Development, on 01908 253020 and we would encourage the employee to access this (writing application forms, preparing for interviews, etc).

11. HR will circulate the employee’s details anonymously to try to identify suitable redeployment opportunities.

12. It would be helpful if the employee could prepare an up to date CV and personal statement.

13. The school will prepare a reference for the employee so this is ready to support applications.

14. If the employee wishes to attend any training courses over the coming weeks to aid their ability to obtain a new job then the school will support and accommodate this accordingly.

15. Any questions from the employee.

16. Recap on actions and expectations.

17. Agree when you will meet again to review progress (recommend two weeks time).

18. Write to the employee to confirm the discussion within five working days.

NOTE: It is the responsibility of the headteacher to arrange competent note taking for record purposes.

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Toolkit L – Template Redundancy Final Letter

PRIVATE & CONFIDENTIAL<Insert Name><Insert Address>XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

<Insert Date>

Dear <Insert Name>

Redundancy

Formal Notification of Redundancy

Further to your recent meeting/s with regard to the current [Restructure/ Redundancy Proposals], I am writing to confirm that the proposed new structure for [Service/ School] has been agreed and that your post of [Name of role to be deleted] does not exist within the revised structure.

I must therefore advise you that this letter constitutes formal written notice of your dismissal by reason of redundancy. You are / are not entitled to [Number] [weeks/months] notice.

Should it not prove possible to identify suitable alternative employment, you will be entitled to a redundancy payment as shown on the attached redundancy payment illustration.

The School and Milton Keynes Council will continue to work with you to try and mitigate your redundancy by way of assisting you with finding suitable alternative employment within the Council, however, if we are unable to secure alternative employment for you within this notice period, your last day of service will be [Date].

You have the right of appeal against this decision. If you wish to appeal, you must write to [name……., title ……………] within ten working days of the date of this letter, setting out the grounds of your appeal.

If Milton Keynes Council, or another public authority to which the Redundancy Payments Modification Order (Local Government) 1999 (as amended) applies, makes an offer of another job that will commence within four weeks of the termination of your contract, you will not be entitled to a redundancy payment.

If you are a member of the Local Government Pension Scheme and have any queries regarding your pension provision please contact Bucks County Council Pension Team on 01296 383755.

You are entitled during your notice period to take a reasonable amount of paid time off work to look for, or to make training arrangements for another job.

During your notice period and after your departure from your school you will continue to have access to the Teacher Support Network which can be contacted on 08000 562561.

Any council property in your possession should be returned to name/post before your last day at work, including any charge cards, keys, security passes, identity cards, equipment, documents, papers and correspondence.

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This letter should be kept safely as you may be asked to produce it if you intend to claim unemployment benefit.

Your P45 will be forwarded to your home address as soon as it is issued. Please ensure that you do not lose your P45 as replacements cannot be issued by us.

Finally, I would like to thank you for your contribution to [name] School and wish you every success for the future.

Please contact your [school contact name, title] if you have any queries.

Yours sincerely

[Signatory Name]Headteacher

Enc. Redundancy Modifications Order

cc XXXXXXXXXX, Human Resources

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Toolkit M – Redundancy Modifications Order

Redundancy Modifications Order (Local Government) 1983 (as amended)

I, [EMPLOYEE NAME], confirm that I do not have an offer of alternative employment with another public authority as at [DATE OF LEAVING].

I further understand that if Milton Keynes Council or another public authority to which the Redundancy Modifications Order (Local Government) 1983 (as amended) applies, makes an offer of a job before the termination of my employment and the job commences within four weeks of the termination of my employment with Milton Keynes Council, I shall not be entitled to a redundancy payment.

Should I leave Milton Keynes Council and I am in receipt of a redundancy payment and I commence employment with any body covered by the Redundancy Modifications Order (Local Government) 1983 (as amended) within four weeks of leaving, I will be required to repay the full redundancy payment to Milton Keynes Council.

I confirm that I shall inform [HR Advisor Name], by telephone on [NUMBER] and in writing if this is the case.

I note that if in the future I return to local government employment my service will start from zero.

Signed …………………………………………….

Address………………………………………………………………………………

………………………………………………………………………………………..

………………………………………………………………………………………..

Please return as soon as possible, so that your redundancy payment can be processed, to [HR Advisor – NAME AND ADDRESS].

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