9 Reviewing the School Establishment

Table of Contents

Reviewing the School Establishment ...................................................................... 3

1. Status ............................................................................................................ 3

2. Introduction .................................................................................................... 3

3. Determination of the staffing establishment ................................................... 3

4. Managing restructuring in schools ................................................................. 4

5. Staff review and planning for restructures ..................................................... 6

8. Potential for staff reductions .......................................................................... 9

9. Redundancy procedures ............................................................................... 9

Appendix 1: Draft timetable for teacher redundancies .................................... 11

Appendix 2: Principles underpinning the process of assimilation and appointment of existing staff to a new structure ............................................. 12

Redundancy Policy (School based employees) ............................................... 14

1. Introduction .................................................................................................. 14

2. Consultation ................................................................................................ 15

3. Measures to minimise redundancy .............................................................. 17

4. Selection for redundancy ............................................................................. 17

5. Appeals against redundancy ....................................................................... 19

6. Dismissal and notice periods ....................................................................... 20

7. Assistance in finding alternative employment .............................................. 20

8. Eligibility to redundancy payment ................................................................ 21

9. Eligibility to premature retirement ................................................................ 22

Redeployment of staff in Calderdale schools .................................................. 23

1. Status .......................................................................................................... 23

2. Introduction - redundancy and redeployment .............................................. 23

3. Voluntary redeployment ............................................................................... 25

4. Redeployment of potentially redundant staff ............................................... 26

5. The role of the school in redeployment ........................................................ 27

6. The role of the Local Authority (offering assistance to find suitable alternative employment) ......................................................................................................... 28

7. Procedure for filling a vacancy through redeployment ................................. 29

Appendix 1: Safeguarding of salaries – Redeployed staff .............................. 31

Appendix 2: Support grants for schools ........................................................... 32

Reviewing the School Establishment

1. Status

1.1. Governing bodies in all schools are legally obliged to have in place procedures for determining and managing the school budget and staffing complement. Certain situations will give rise to schools needing to review their school establishment.

1.2. In Community, Voluntary Controlled and Community Special schools the Local Authority is the employer. In these schools the governing body is responsible for managing staff.

1.3. In Foundation and Voluntary Aided schools, the governing body is the employer and has full responsibility for managing staff.

1.4. This Guidance Document provides important context for the operation of the Local Authority’s Redundancy Policy recommended to schools (this document is a separate Schools’ Personnel Guideline, please see index). The good practice contained in both documents is based on the current legislative framework and will therefore have application in schools of all categories. All schools should adopt a redundancy policy.

2. Introduction

2.1. An organisation’s employees are its greatest resource and effective staff management is a major contributor to the delivery of effective services in any establishment.

2.2. It should be part of the school’s good practice, as far as possible, to ensure security of employment for its employees and to take all necessary measures to avoid redundancy.

2.3. This guidance seeks to assist head teachers and governors where a reduction in the staffing establishment is considered to be unavoidable.

2.4. A thorough review of the establishment and resources should always precede any measures that may result in redundancy.

3. Determination of the staffing establishment

3.1. School governing bodies are responsible for determining the staffing establishment following full and detailed consideration of the needs of the school (related to the school improvement plan and the resources available). Any alteration to the staffing establishment is a matter for the governing body to manage with advice from its personnel provider.

3.2. Where there is a potential redundancy situation, all schools have a duty to notify the Local Authority, regardless of their personnel provider, to ensure best personnel practice is applied and any implications are minimised.

3.3. Any changes in the staffing establishment should be anticipated, planned and effectively managed. The first step will be a full review of all funding streams available to the school (budget share, Standards Fund, external grants and

income) and pupil numbers over a projected two or three year period. The Local Authority now provides indicative school budgets for a three year period for this purpose.

3.4. As part of the school’s forward planning procedures it should be possible to arrive at estimated staffing projections over a two or three year period. Those projections should include the probable number of staff required and identify any anticipated changes in the range of skills – both teaching and non-teaching – needed to accommodate changes in the curriculum and curriculum delivery as identified in the school improvement plan.

3.5. There should be a regular audit of skills, training and experience of all staff as part of the school’s approach to performance management and continuing professional development. Such audits should identify second and even third subject areas which a teacher could offer 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 school.

3.6. By identifying the future personnel needs of the school together with the details of the staffing audit, the head teacher and governors should be able to make effective decisions on the training and retraining needs of staff. Any such training or retraining programmes would represent opportunities for staff and would enable them to acquire skills and experience needed by the school in the future.

4. Managing restructuring in schools

4.1. Whenever situations give rise to organisational restructures, for whatever reason, it is accepted that schools need to consult with staff in order to implement such change, including reviewing the school establishment. In Community, Voluntary Controlled and Community Special schools the Local Authority is the legal employer. However, in these schools the governing body is responsible for managing staffing issues, including organisational change. In Foundation and Voluntary Aided schools, the governing body is the employer and has full legal responsibility for managing staff.

4.2. This Guidance provides important context to schools for the operation of local consultation arrangements for reviewing school establishment including the application of the Local Authority’s Redundancy Agreement with the relevant unions, which is recommended to schools (the Agreement is a separate Schools’ Personnel Guideline).

4.3. The Local Authority recognises that in providing the best service, organisational change and technical developments may bring about changes to existing staff roles or even lead to staff being displaced. This policy is intended to cover the process to be followed for all school staff arising out of restructures and other normal school change processes, where there is a need for changes to existing staff structures, or to existing roles in the school, current job descriptions and so forth. This policy aims to mitigate so far as is possible the requirement for any staff redundancies arising out of the process and to provide a uniform and fair method of addressing necessary change

including how staff consultations will be dealt with when other methods to avoid compulsory redundancy have been exhausted.

4.4. It provides a standard process for dealing with the situations described which will always include: a consultation process, measures to minimise redundancy, treatment of displaced staff who are potentially redundant, periods of notice and issues relating to appeals. There is also guidance available elsewhere provided by Calderdale Schools & Young People’s Personnel Services on supporting affected staff to find alternative employment, on redundancy payments and early retirement.

4.5. This policy applies to Community, Voluntary Controlled and Community Special schools. Where school reorganisations are concerned, governing bodies of Voluntary Aided and Foundation schools, who are employers in these schools, are invited to co-operate with the Local Authority in their consideration and application of these procedures. It is recognised that Voluntary Aided and Foundation schools will apply their own policy, and will be responsible for their own costs.

4.6. It is the responsibility of school governing bodies to undertake the change process, though they may require that the Head teacher manages the process on a day-to-day basis. School governing bodies initiating change procedures which may lead to a redundancy situation should consult with the Local Authority from the start of and throughout the process. Failure to do so may result in a school having to meet any of the costs of the redundancy process or any subsequent costs arising at Employment Tribunal.

4.7. In all change processes and potential redundancy and redundancy situations the governing body has decision-making responsibility. The school governors should determine who should manage the process. The Local Authority recommends this is the head teacher.

4.8. This guidance seeks to assist head teachers and governors where a reduction in the staffing establishment is considered to be unavoidable. A thorough review of the establishment and resources should always precede any measures that may result in redundancy. It is a matter of policy in Calderdale that the school’s potentially affected employees and relevant unions should be fully consulted on all aspects of any proposed restructure. Any report to school governors recommending restructuring should show such things as the old and new staffing structures, costings and potential redundancies. It should also describe the procedure to be followed; how employees will be formally consulted on proposals, that expressions of interests in voluntary early retirement be considered where a reduction of employees is required; that governors should expect the person(s) responsible for managing the process report to them; that the decision as to whether voluntary early retirement be made by the school, and any costs be borne by the school. Finally it should show how the assimilation and appointment process would work. The principles of a good Restructure, Assimilation, and Appointment process are described in Appendix 2.

5. Staff review and planning for restructures

5.1 It is recommended that the head teacher and governing body agree on a change plan, including costings, which provides a rationale for the restructure/staffing review and provide this to staff with the implementation plan. It is further suggested that the best change process starts from a thorough awareness of where the school/staff structure is now but is not limited by that awareness. As well as a copy of current school staffing structure, the person(s) responsible may wish to start from a blank sheet of paper to plan out new structure It should be a structure describing the posts which will be needed, not the people. Plans and proposals should map the school priorities, and if necessary suggest a phased implementation of the changes which are necessary.

5.2 Prior to sharing with the governors, the head teacher should ensure that job descriptions and person specifications are drawn up with grades provided by the Local Authority, and ensure full costings, including any potential salary safeguarding costs, are incorporated into the plan. The head teacher should then share the proposed implementation plan with staff/unions to gauge their response before the governing body are presented with the proposals. Additionally, an implementation plan should also be presented which should clearly indicate the proposed timescales and approach to implementing the structure.

5.3 The Head teacher should commence a consultation process and present to the governing body all comments from unions/staff and advise of any amendments to the implementation plan. The governing body should consider options and either adopt or propose any amendments to the draft structure. Once adopted, it is recommended that the new structure and implementation plan should be included as an annex to the school’s pay policy.

5.4 A regular audit of skills/experience of staff should be carried out to help inform the future deployment of staff. Costing the proposal will be a crucial and head teachers must take account of the number and types of posts they wish to have in the future. Equal pay considerations will need to be accounted for to avoid legal challenges; Local Authorities can offer advice to schools on this issue. It is suggested that any proposals to the Authority identify:

i. How many posts will be necessary to deliver the change proposed and of what categories of post?

ii. Is there a need for posts in the school Leadership, posts attracting Teaching & Learning Responsibilities or Advanced Skills Teachers (ASTs), if so how many and how will they complement the staffing structure?

iii. Is there a requirement for an Excellent Teacher (the Scheme operates from September 2006)? (Head teachers can build these posts into the new structure).

iv. Are there responsibilities/duties to be discharged by support staff under Workforce Reform? These need to be considered along with the development of senior support staff roles.

5.5 Job descriptions and person specifications should be drawn up and it is recommended that they be graded in line with the Local Authority grading structures.

5.6 Not every new post in the proposed structure can be made open to

competition; it is for the school to manage the filling of new posts properly and agree a fair process with staff and unions. Obviously the existing staff have legal and contractual employment rights which must be fully respected. The filling of posts is usually done progressing from the top down (i.e. most senior posts to be considered first) so that the more senior posts can be filled, and appropriate and cost effective appointment decisions can be made, which do not deny equality of opportunity. The purpose of the ‘assimilation’ is that every employee in the old structure who has an equivalent post to the new structure (usually at the same grade) is ‘slotted in’ to that post. This will be the case for the vast majority of staff.

5.7 Where more than one person can claim assimilation into a post then the

vacant position should be made available to a restricted group of the existing staff who should be asked if they wish to put themselves forward in competition: this process is known as the ‘ring fencing’ of posts. As potentially redundant staff may be identified under these circumstances, the consideration should be not merely ‘who out of all the ring-fenced candidates could do this job best right now?’ but ‘which candidate could best do this job - with appropriate training?’ Should the post remain unfilled after internal interviews have taken place, then it may be advertised externally, which does not restrict existing employees from putting themselves forward for consideration.

5.8 Employees who do not fill an equivalent post in the new structure, either

through assimilation or successfully competing for it, should if possible be offered a suitable post in the new structure. If the post is not equivalent, then appropriate salary protection should be granted in line with existing policy. It is of course only sensible that staff be asked to undertake a level of work and responsibility appropriate to their remuneration should this situation ever arise.

5.9 The governors may wish to develop a school procedure other than one

based on how Calderdale Council carry out their own restructures. Schools should take advice from the Local Authority or their personnel provider and must seek the agreement of the Local Authority to developing such a policy.

6. The relationship between the restructuring process and existing

redeployment and redundancy processes 6.1 Whilst every effort should be made to find an appropriate post in the new

structure for every member of staff it may still be the case that a potential redundancy/redeployment situation arises as a result of appointment decisions made which result in staff being displaced.

6.2 If it is anticipated that there are any existing staff who will not be

assimilated/recruited into the new structure then the school and hence who

may be ‘displaced’, should immediately seek advice from their personnel provider.

6.3 Any school which has adopted the Calderdale Schools & Children’s Services

‘Redundancy Policy (school based employees)’ must follow it in relation to any potential redundancy arising out of the restructure, or else they must have agreed an equivalent staff redundancy policy with the Authority. Schools carrying out a restructure who have identified potentially displaced staff should apply the Calderdale Policy from paragraph 4.11 of the section headed ‘Selection for Redundancy’ onwards to such staff, in respect of rights to make representations, etc are concerned, as the ‘selection for potential redundancy’ described in section 4 is in such cases obviously an outcome of the employee being displaced, e.g. they have not been either assimilated or appointed after interview into the new structure.

6.4 Rights to make representations, appeals, etc referred to in the policy before

formal notice of redundancy is issued must all be adhered to. It should be noted that the notice period, whilst it may be as short as a week for some support staff, could be a long as the maximum statutory notice period of 12 weeks or alternatively 2 full months (3 full months in the summer term) for teachers. If redundancies can be anticipated then clearly this potential appeal process and notice period must also be built into timescales for the restructuring consultation and implementation process.

7. Attempting to redeploy otherwise redundant staff 7.1 Since the introduction of LMS it has been very difficult to redeploy otherwise

redundant staff between schools. The Local Authority consulted with the relevant Unions to agree a School Personnel Guideline on redeployment, which was published to schools in April 2004. The intention was to reduce as much as possible the impact of compulsory redundancy costs by offering schools with vacancies the opportunity to recruit staff that were otherwise redundant on other schools.

7.2 In the first instance schools must endeavour to fill vacancies with their own

staff if suitable when those staff are otherwise potentially redundant. They should also consider whether these staff could fill the vacancies, with suitable training, which they must commit themselves to deliver. This commitment to existing staff takes precedence over extending equality of opportunity, as it is council policy is that all vacant posts must be advertised, but it is for head teachers/governors to define ‘a vacant post’. It may be necessary to consider protection of salary of the redeployee in some instances.

7.3 Where it has been agreed there is a potential redundancy, the Local

Authority will coordinate measures for the redeployment of school based staff in order to try to avoid compulsory redundancy. This means that school based employees selected for compulsory redundancy are treated as candidates for redeployment and assessed with a view to matching them to vacancies which other Calderdale schools or other Calderdale Council Directorates are seeking to fill. Calderdale Council’s Head of Human Resources and Change has executive control of the redeployment process and his/her staff will therefore decide if redeployment is a realistic prospect.

Conversely, it should be understood that a governing body may therefore be asked to consider appointing a redeployed employee from another school to a suitable current vacancy in their school.

8. Potential for staff reductions 8.1 As soon as it becomes clear that a reduction in staffing for whatever reason

will be necessary, the head teacher and school governing body should consider:

i. predictable staff retirements or resignations;

ii. redeployment within the school;

iii. cessation of recruitment.

9. Redundancy procedures 9.1 If a reduction cannot be achieved from informal considerations, the school

will need to consider formal redundancy procedures. 9.2 The formal redundancy process will require proper notification to be given to

the Local Authority, consultation with staff and unions and sufficient time for notices to be issued. Appropriate planning will be required. A suggested timetable is at Appendix 1.

9.3 The school will need to follow its adopted redundancy policy. In the case of

Community and Voluntary Controlled schools, this will be the Local Authority Redundancy Policy (this document is a separate Schools’ Personnel Guideline, refer to index) unless a separate policy has been agreed by the Local Authority.

9.4 Under the Education Act 2002, the Local Authority is responsible for meeting

the cost of redundancy payments in all maintained schools (Community, Community Special, Voluntary Controlled, Voluntary Aided and Foundation) subject to the school:

i. giving due notice to the Local Authority (Group Director, Children and

Young People's Services) of the potential for redundancy;

ii. providing a good and sound case for redundancy (submitted in writing to the Local Authority). This may include being in special measures, serious weakness or budget deficit, but not school restructures in an otherwise well managed school;

iii. having followed the Local Authority Redundancy Policy (or in the case

of a separately agreed policy, the advice of the Local Authority);

iv. having satisfactorily exhausted all other alternative options before accepting either compulsory or voluntary redundancy;

v. not making a payment that is excessive in relation to the Local Authority

Redundancy policy (the Local Authority Redundancy Policy provides for

redundancy payments to be based on actual pay, the governing body is entitled to enhance a redundancy payment from its school budget).

9.5 Where these conditions are not met, the Local Authority has good reason to

deduct the cost of redundancy from the school budget. 9.6 The good and sound case should include the financial evidence for the need

for redundancy. In assessing the case the Group Director will require the Principal Officer Support Services to examine the financial evidence and the relevant School Improvement Officer to provide comments.

9.7 Schools facing the possibility of redundancies have a duty to work with the

Local Authority and its redundancy and redeployment guidance. Schools always have the right to accept a voluntary redundancy at any stage where this is met from the school budget.

9.8 The good and sound case may include the option of accepting voluntary

redundancy, although unless there is good reason, the Local Authority would expect a school to pursue all other options first.

9.9 Increasingly schools are employing staff on short-term contracts from

government grants (such as Standards Fund). Schools are expected to manage all project termination costs from this funding (including providing for any redundancy payment). It is unlikely that a good and sound case could be made in these circumstances.

9.10 The Local Authority does not maintain a budget for redundancy costs which

are a call on the school’s contingency held for unforeseen circumstances and errors in school formulae allocations.

9.11 The costs incurred by schools in respect of any premature retirement of a

member of staff of a maintained school shall be met from the school’s budget share, unless there is a specific written agreement for the Local Authority to meet the cost.

9.12 Under no circumstances should the school budget or the Local Authority

meet the cost of any dismissal for staff employed for community purposes (i.e. under community powers).

9.13 Where a person is employed partly for community purposes (i.e. under

community powers) and partly for other purposes, any redundancy payment should be apportioned between the two purposes.

9.14 Where an Employment Tribunal application is made, the respondent will be

the governing body. The governing body must notify the Local Authority within 14 days of receiving notification. The Local Authority is entitled to be made an additional party to the proceedings.

9.15 The Local Authority is responsible for meeting the costs of tribunal cases in

all maintained schools. Where there is good reason the Local Authority has the power to charge a school’s budget. Good reason includes actions contrary to Local Authority policy and advice.

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 and notify Group Director, Calderdale Children and Young People's Services

01/11 01/03 01/05

2 Inform affected employees and begin informal consultation with staff (including seeking volunteers)

16/11 16/03 16/05

3

Formal consultation must commence, lead by governors; trade unions to be given notification of redundancy situation, reasons for redundancy, potential selection criteria, etc

01/12 01/04 01/06

4 School governors to conclude formal consultation process, including timetable, final version of redundancy selection criteria, etc

30/12 29/04 29/06

5 Governor Staffing Committee meets and selects staff who are potentially to be made redundant using selection criteria

31/12 30/04 30/06

6 Staff notified of decision and arrangements for representation to Staffing Committee

01/01 01/05 01/07

7 Staffing Committee hears representations from affected staff and trade union. Committee inform staff of decision in writing and of right of appeal

07/01 07/05 07/07

8 Staffing Appeals Committee meeting. Staff informed in writing of decision

20/01 20/05 20/09

9 Last date to notify Local Authority regarding compulsory redundancy of a teacher

21/01 21/05 21/09

10 Potential last date for Local Authority to issue notice

31/01 31/05 30/09

11 Effective date of dismissal 30/04 31/08 31/12

Appendix 2: Principles underpinning the process of assimilation and appointment of existing staff to a new structure

1. Where a post is substantially performing the same or substantially similar functions and carries a comparable level of responsibilities as a post within the existing structure, the postholder will be automatically assimilated to that post. Any employee who is assimilated in this way into a post within the new structure will not be able to apply for other posts in the new structure as they are filled.

2. Those posts classed as being the same as, or substantially the same as, those within the present structure should be agreed and provisionally listed in the restructuring plan as unaffected posts.

3. All staff are regarded as occupying their substantive post in the existing structure, regardless of the present post occupied or duties being undertaken on a temporary basis or on secondment.

4. The process is restricted to existing established postholders.

5. The posts unfilled at the completion of the process will be advertised in accordance with the school’s Recruitment and Selection School Personnel Guideline, and appointed as soon as possible.

6. Employees will be assimilated or appointed from an agreed implementation date and all appointments to the new structure and any changed gradings will be effective from that date. The aim of the assimilation and appointment process is to provide a smooth and speedy method of appointing employees into the new structure whilst ensuring that displaced staff are treated fairly and equitably.

7. Staff may make requests to the head teacher/line manager not to be assimilated to a post which is the same or substantially the same as their current post. In doing so, the postholder will forfeit their right to automatic assimilation. If this request is agreed, staff will be able to express a preference for posts which remain to be filled following the process of assimilation.

8. Those posts in the existing structure which are substantially different to posts in the new structure are affected posts.

9. Following consultation with the staff and unions and with the approval of the governors, the list of unaffected posts in the new structure will be circulated to all employees. These posts will be subject to the process of assimilation.

10. At the beginning of the appointment process to the new structure, postholders who are to be assimilated will be informed in writing. Postholders, within this group, can request the governors not to apply the assimilation in their case.

11. Such requests will normally be accepted unless it is the view that:-

i. no other persons employed (or is able to be recruited) have the knowledge and experience or ability to fill the post; and/or

ii. it would not be in the best interests of the efficient delivery of the service to release the present postholder from that position.

12. Staff making a request not to be assimilated will be informed of the outcome of that request. Where the request is declined an appeal may be made in the first instance to the staffing subcommittee of the governors. If employees remain dissatisfied with the decision the postholder may appeal to the appeals committee the decision of which is final. If the request not to be assimilated is agreed the existing post and postholder will be included in the list of affected posts.

13. The categories of staff able to be considered for the remaining posts in the new structure are those listed as affected posts as a result of the restructuring together with those staff whose request, not to be automatically assimilated to a post, has been approved by the school.

14. Appointments to the new structure will be made ‘tier by tier’. Employees identified as affected posts will be able to apply for posts as they are released which will be ‘tier by tier’. The head teacher, etc will make appointments to all posts below senior management level.

15. Where only one person wishes to be considered for a particular post the governors will decide whether to appoint, with or without interview. Where two or more persons apply for the same post, all applicants will be interviewed.

16. Where interviews take place to make appointments staff have an option to invite an independent observer from their appropriate union. This is to observe the interview process only and not to participate in the decision-making.

17. Implementation of new structure on an agreed date. All appointments to new structure, changes to grades and protection of salary to start from this date.

18. If consulting with staff about changes the responsible person(s) should draw up a timetable of events detailing all the actions that should take place to ensure due process is followed and the outcome delivered to a specified timescale (an implementation plan).

19. This is important if redundancies are likely, in ensuring adherence to consultation and notice periods. It is recommended that this timetable should be drawn up by either the head teacher or governors and communicated to all parties.

Redundancy Policy (School based employees)

1. Introduction

1.1. The Local Authority recognises that in providing the best service, changes in legislation, organisational change and technical developments may cause staff to be displaced. This policy is intended to cover the redundancy process to be followed for teaching staff arising out of school closures, annual budget setting or other circumstances where there is a need for staff reductions in schools where Calderdale Council is the employer.

1.2. This policy aims to mitigate so far as is possible the effects of any redundancy process and to provide a uniform and fair method of selection for redundancy when other methods to avoid compulsory redundancy have been exhausted.

1.3. It provides a standard process for dealing with potential redundancy situations to include: consultation, measures to minimise redundancy, selection of staff, periods of notice and issues relating to appeals. There is also guidance provided on supporting staff to find alternative employment, redundancy payments and early retirement.

1.4. This policy applies to Community, Voluntary Controlled and Community Special schools. Where school reorganisations are concerned, governing bodies of Voluntary Aided and Foundation schools, who are employers in these schools, are invited to co-operate with the Local Authority in their consideration and application of these procedures. It is recognised that Voluntary Aided and Foundation schools will apply their own policy.

1.5. It is the responsibility of school governing bodies to undertake the redundancy process. Governors should be aware that employment law specifies a minimum legal dismissal process applicable to all employers. The Employment Act 2002 allows for a three-step dismissal and disciplinary procedure, which applies when an employer is contemplating dismissing an employee. Statute specifies that this includes dismissal on grounds of capability or conduct, but guidance on the statutory procedure makes it clear that it also applies to dismissal on other grounds, such as redundancy and non-renewal of a fixed-term contract. The legal minimum three-step dismissal and disciplinary procedure is as follows:

i. The employer must set out in writing the circumstances that lead it to contemplate dismissing the employee. The employer must then send these to the employee and invite the employee to attend a meeting to discuss the matter and to give their response;

ii. If the employee has been given a reasonable opportunity to consider the circumstances, the employer must hold the above meeting to hear and consider the employee's response. After the meeting, the employer must write to the employee informing him/her of its decision and of the employee's right to appeal against that decision if dissatisfied with it.

iii. If the employee decides to appeal, he or she must inform the

employer accordingly. The employer must invite the employee to attend a further meeting, which the employee must take all reasonable steps to attend. After the appeal meeting, the employer must inform the employee of its final decision on the matter. The appeal meeting need not take place before the dismissal or disciplinary action takes effect.

1.6. There will normally be a school governor staffing committee, and an

appeals committee. The staffing committee and appeals committee each need to have a membership of three; no governor can be a member of more than one of these committees. No employee, including the head teacher, should be a member of any of these committees. The head teacher may attend all such committees to offer advice.

1.7. School governing bodies initiating redundancy procedures should consult with the Local Authority from the start of and throughout the process. Failure to do so may result in a school having to meet any of the costs of the redundancy process or any subsequent costs arising at Employment Tribunal.

1.8. In all potential redundancy and redundancy situations the governing body has decision-making responsibility. The school governors should determine who should manage the process. The Local Authority recommends this is the head teacher.

2. Consultation

2.1. In all potential redundancy and redundancy situations and in accordance with The Collective Redundancies and Transfer of Undertakings (Amendment) Regulations (SI 1999 No 1925) the school governing body should undertake consultation with a view to reaching an agreement about ways of:

i. avoiding dismissals;

ii. reducing numbers of employees to be dismissed; and

iii. mitigating the consequences of dismissals.

2.2. Where a school has identified the need for a potential reduction in staffing the governing body should inform the Group Director, Children and Young People's Services in writing.

2.3. Consultation should precede any decision to terminate employment on the grounds of redundancy. It should be noted that there is no statutory requirement to consult trade unions where such proposals affect less than 20 staff, but the Local Authority recommends consultation with trade unions. In this context staff means all employees at the school.

2.4. Where there is a potential redundancy situation there should be a meeting, at the earliest opportunity, between the person managing the process and all staff. This meeting, which would involve trade union representatives, would discuss the issues and seek to agree possible options to avoid potential redundancies (specific references are made in paragraph 3.1). The outcomes of the meeting should be confirmed in writing to the trade unions.

2.5. At the meeting, or as soon as the information is established after the meeting, trades union representatives should be provided with the following information:

i. the reason for the redundancy proposals;

ii. the number and descriptions (post titles or designations) of employees it is proposed to dismiss as redundant;

iii. the total numbers of employees of each description employed at the establishment in question;

iv. the proposed method of selecting the employees who may be potentially redundant;

v. the proposed method of carrying out the dismissals, including the period over which the dismissals are to take effect (and hence the effective date of termination);

vi. the proposed method of calculating any redundancy payments to be made;

vii. a draft timetable that sets out the events in the order that they will happen.

2.6. All employees potentially affected by the redundancy process must be consulted and made aware of the implications, regardless of whether they are represented by a recognised union or not. All staff affected will be included in the circulation of correspondence, information and notice of meetings.

2.7. The timetable agreed by the governing body, following consultation with the trade unions, will be distributed to trade union representatives and all staff. During the course of the redundancy process, progress will be reported frequently.

2.8. Whilst the responsibility for undertaking the redundancy process lies with the school governing body, there is an obligation to consult with the Local Authority as employer. The Local Authority will in turn keep members of the Council’s Cabinet informed of any proposals to declare any Local Authority employees compulsorily redundant.

3. Measures to minimise redundancy

3.1. Measures for avoiding compulsory redundancies should include:

i. natural wastage;

ii. the termination of temporary or casual employment, where practical (consideration needs to be given to the Whiffen case);

iii. the restricting of recruitment;

iv. offers of part-time working or job share arrangements;

v. the redeployment of staff into appropriate vacancies in accordance with the Council’s Redeployment Procedure;

vi. the retraining of staff in appropriate cases;

vii. volunteers for redundancy.

3.2. Whilst the Local Authority will be prepared to consider applications for voluntary redundancy, it reserves the right to consider all other options first, and to determine which applications are finally accepted based on the requirements of the service.

3.3. Where a school has identified a need to reduce staffing and a vacancy has occurred, first consideration will be given to existing staff before possible replacements from outside the school.

4. Selection for redundancy

4.1. Where the measures in section 3 fail to provide the revised size and composition of workforce required, selection criteria will be used to identify staff for redundancy.

4.2. In the case of a school closure the person(s) identified for redundancy will either be automatically selected where no new school is opening, or determined by their non-appointment to suitable positions in any new school.

4.3. In the case of annual budget setting where a need to reduce staffing levels has been identified, the school governing body, assisted by the person managing the process, will set down in writing the criteria to be used.

4.4. The criteria will be objective, fair and explicit and will be provided to all staff. Governors will consult with staff and the relevant union representatives and seek to agree the selection criteria before the process commences. It should be noted at this point that anyone who is involved in the selection decision will not be eligible to hear any subsequent representation or appeal.

4.5. The selection criteria will be based on the necessity to maintain a balanced workforce (after the redundancies have taken place) that has the appropriate skills and commitment to ensure the continued success of the school. Skills will also need to reflect the different teaching and management requirements in the school.

4.6. The selection criteria will not discriminate against an individual on the grounds of age, gender, marital status, disability, race, faith, sexual orientation or trade union activities. Qualifications and skills should be taken into account where a revised structure requires such attributes.

4.7. Specifically, the following criteria will be used:

i. the current and future curriculum needs of the school(s) or priorities determined by the school governing body in the school’s improvement plan;

ii. management criteria.

4.8. The staffing committee of the school governing body, advised by the person managing the process, should match the audited skills of the staff against the objective criteria above.

4.9. If after the application of the above criteria, particularly that relating to the school improvement plan and any shadow staffing structure, a selection is not possible, the staffing committee of the school governing body may, subject to the avoidance of discrimination on grounds of gender, marital status, race, faith, disability, age, sexual orientation or trade union activity, consider a further criterion of length of service with Calderdale Council.

4.10. Following any selection it is important that this assessment is documented for each individual (showing the criteria used and the points awarded for differing performance). The documentation should then be used to support any decision.

4.11. Employees who can satisfy the Head of HR and Change that they have a disability (as defined by the Disability Discrimination Act 1995) will receive further consideration if they are identified as potentially redundant.

4.12. Immediately after selection, the person managing the process will notify all employees in writing of their provisional selection for

redundancy and that they have the right to make a representation to the staffing committee either in writing or in person (prior to any appeal process) with respect to their proposed dismissal.

4.13. The staffing committee of the school governing body shall make arrangements to receive representations. Staff will be informed of the time and location not less than five working days before the representation is to be heard. At a representation, an individual will have the right to be accompanied by or represented by a trade union representative or some other person of that person’s choice.

4.14. All affected staff will be given written reasons for their proposed dismissal on the grounds of redundancy, together with the criteria used for selection.

4.15. After full consideration to any representations, the staffing committee of the school governing body will inform the member of staff of their decision in writing.

5. Appeals against redundancy

5.1. All affected staff will be provided with a copy of this Redundancy Policy and informed of their right of appeal to an appeals committee of the school governing body. Appeals should be made in writing to the appeals committee within 10 working days of being notified of potential redundancy. Staff will have the right to be accompanied at appeal or represented by a trade union official or some other person of the employee’s choice.

5.2. Appeals will be against potential redundancy prior to notices being issued. The grounds for any appeal may include:

i. the selection procedure used;

ii. the application of the procedure.

5.3. No member of the appeals committee can have participated in the earlier stage of the selection process.

5.4. The outcome of the appeal will be conveyed in writing to the person concerned within five working days of the hearing. The governing body will advise the Group Director, Children and Young People's Services, without delay, of its determination and the reasons for it.

5.5. If the issue of potential redundancy is upheld following any appeals, and the person(s) have not been redeployed or found alternative employment during their period of notice they will then be made redundant.

6. Dismissal and notice periods

6.1. Notices of dismissal will be provided in writing to all employees affected confirming the decision to terminate their employment and giving the notice to which they are entitled under their contracts of employment. Details will also be provided of the last working day and any redundancy payment due.

6.2. Notices of dismissal will be issued by the Local Authority on the instruction of staff committees in Community and Voluntary Controlled schools.

6.3. The actual period of notice to be provided to staff will be in accordance with their contractual and statutory entitlements.

6.4. If, following the issue of dismissal notices, the school is able to find appropriate ways of avoiding redundancy, the governing body will undertake to adopt such measures and instruct the Local Authority to withdraw dismissal notices.

7. Assistance in finding alternative employment

7.1. Wherever possible any member of staff under the threat of potential redundancy will be encouraged and supported by governors to find alternative employment.

7.2. At an early stage where employees are faced with potential redundancy, assistance will be provided to support them into other positions. This may include identifying strengths for future employment and guidance with application forms or interviews. In the case of school closure or reorganisation the Group Director, Children and Young People's Services will lead this; in all other cases governors, assisted by the person managing the process and personnel adviser, will be required to do the same.

7.3. Where the need for redundancy has been identified, the Group Director Children and Young People's Services will ask schools which have vacancies to give consideration to any person(s) available to be redeployed who meet the essential criteria identified in the vacancy.

7.4. Where an individual is faced with potential redundancy and wishes to seek redeployment within the Council, their details will be forwarded to the Head of Human Resources and Change in accordance with the Council’s Redeployment Policy. The Head of Human Resources and Change will decide if the individual is a suitable candidate for Council-wide redeployment.

7.5. Where a teacher, as a result of a school closure or reorganisation, accepts a post of lesser remuneration, salary protection will be in accordance with the Teachers' Pay and Conditions Document. Where the circumstances are other than school closure or

reorganisation, the Local Authority has discretion on protection, but should not unreasonably refuse it.

7.6. The agreed protection element of salaries will be provided to schools in their delegated budget such that the employment of a person with a protected salary is cost neutral to the school.

7.7. In some cases employees who are faced with potential redeployment may, with appropriate retraining, prove suitable for new posts, either within the same school (if it continues to be maintained) or elsewhere.

7.8. Consideration should first be given to retraining from within the delegated budget, if it is believed that the member of staff can be redeployed within the school.

7.9. Reasonable time off work with pay will be granted by prior agreement with the head teacher to enable employees to find alternative work or undergo training for new employment.

8. Eligibility to redundancy payment

8.1. In the course of individual consultation, redundant employees will be informed in writing of any entitlement to redundancy compensation.

8.2. The Employment Rights Act 1996 also makes provision for employers to make enhanced discretionary redundancy payments.

8.3. In the case of school closures, the Council’s agreed redundancy terms will be applied for calculating redundancy payments, e.g. currently based on actual weekly pay, age and length of service.

8.4. In all other cases, the governing body will determine, in line with any adopted policy, what, if any, discretionary payments should be made in respect of staff to be made redundant.

8.5. The School Standards and Framework Act 1998 provides for the Local Authority to meet the cost of redundancy, unless there is good reason to charge the school’s budget share. Good reason may include a lack of appropriate consultation by a school, specifically:

i. not making the Local Authority aware of the need for a redundancy exercise;

ii. not agreeing with the Local Authority the reduction option to be followed;

iii. where the Local Authority considers the amount of any discretionary payment to be excessive in relation to its own policy.

8.6. A redundancy payment will not be paid if, before the end of their employment, the employee has received an offer of a suitable

comparable job to start within four weeks and one clear day of the end of the previous employment.

9. Eligibility to premature retirement

9.1. If an employee volunteers for redundancy or is made compulsorily redundant, then in certain cases they may be eligible for premature retirement and receive the appropriate benefits.

9.2. In appropriate cases school governing bodies will determine whether added years should be given. This will have a cost that the school budget will need to meet. In the case of school closure, the Group Director, Children and Young People's Services will apply the Council’s Redundancy Policy that applies at that time to determine any added years.

Redeployment of staff in Calderdale schools

1. Status

1.1. This Guidance Document gives the context for the support that the Local Authority can provide relating to matters of redundancy and redeployment of all school staff (i.e. both teaching and support staff). This guidance should be read in conjunction with the Guidance Document: Reviewing the school establishment.

1.2. It is recognised that the Local Authority has no powers to direct a school to take an employee who would otherwise be subject to redundancy. However this guidance represents a positive first step to assisting all schools in the effective management of staff subject to compulsory redundancy.

1.3. In Community, Voluntary Controlled and Community Special schools the Local Authority is the employer with governing bodies having responsibility for managing staff. In Foundation and Voluntary Aided schools, the governing body is the employer and has responsibility for managing staff.

1.4. All schools should adopt a redundancy policy. Where Community and Voluntary Controlled schools do not adopt the policy recommended by the Local Authority, the operation of any other policy would need specific approval from the Authority.

1.5. The governing bodies of all Calderdale schools are encouraged to work with the Local Authority, which has a duty to try to redeploy school based staff who have been identified as redundant. This guidance describes how compulsory redundancy of staff in schools, which should always be regarded as the least desirable outcome, may be avoided by Calderdale schools and the Local Authority working together.

1.6. It should be noted that whilst the Local Authority undertakes to avoid compulsory redundancy, its support for redeployment carries no guarantees and employees subject to redeployment should be aware of this from the outset.

2. Introduction - redundancy and redeployment

2.1. An organisation’s employees are its greatest resource and effective staff management is a major contributor to the delivery of effective services in any establishment.

2.2. It should be part of the school’s good employment practice, as far as possible, to ensure security of employment for its employees and to take all necessary measures to avoid the need for compulsory redundancies.

2.3. Not only can redeployment avoid redundancy and reduce indirect costs to school budgets, but by ensuring security of employment to staff it contributes to the maintenance of morale, and further helps to ensure that teachers, in particular, are not lost to their profession.

2.4. The Local Authority believes that redeployment can be of invaluable assistance to schools in managing staffing reductions and potential redundancies properly and sensitively, used effectively it will enable staff to be retained in employment within Calderdale schools.

2.5. This guidance seeks to assist head teachers and governing bodies where a reduction in the staffing establishment is considered by the school and the Local Authority to be unavoidable. A thorough review of the school establishment and resources should always precede any measures that may result in redundancy.

2.6. School governing bodies are responsible for determining the staffing establishment following full and detailed consideration of the needs of the school (related to the school improvement plan and the resources available). Any alteration to the staffing establishment is a matter for the governing body to manage with advice from their personnel provider.

2.7. Where there is a potential redundancy situation, all schools have a duty to notify the Local Authority, regardless of their personnel provider, to ensure good personnel practice is applied and that the Local Authority has an involvement is any case where it is liable to meet costs.

2.8. Any changes in the staffing establishment should be anticipated, planned and effectively managed. The first step will be a full review of all funding streams available to the school (budget share, Standards Fund, external grants and other income) and pupil numbers projected over the longest possible period.

2.9. As part of the school’s forward planning procedures it should be possible to arrive at estimated staffing projections over a two or three year period. Those projections should include the probable number of staff required and identify any anticipated changes in the range of skills of both teaching and support staff which may be needed to accommodate changes in curriculum delivery as identified in the school development plan.

2.10. There should be a regular audit of skills, training and experience of all staff. Such audits should identify second and even third subject areas, in which a teacher could offer, 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 school.

2.11. By identifying the future personnel needs of the school together with the details of the staffing audit, the head teacher and governing body should be able to make effective decisions on the training and retraining needs of staff. Any such training or retraining programmes would represent opportunities for staff and would enable them to acquire skills and experience needed by the school in the future.

2.12. As soon as it becomes clear that a reduction in staffing will be necessary, the head teacher and governing body should consider the following options, and take advice from their personnel provider:

i. cessation of recruitment;

ii. natural wastage; the school should examine whether anticipated retirements or resignations will provide scope for varying the staffing levels without recourse to redundancy;

iii. opportunities for informal voluntary redeployment within the school;

iv. requests for job sharing arrangements; the Local Authority supports the use of job share in schools;

v. full-time and part-time staff may wish to voluntarily reduce their employment hours;

vi. requests for voluntary early retirement: the costs of any retirement benefits would have to be met by the school;

vii. requests for voluntary redeployment.

2.13. If a reduction cannot be achieved through informal measures, the school will need to consider formal redundancy procedures, in accordance with the policy that the school has adopted. In the case of Community, Community Special and Voluntary Controlled schools, this will normally be the policy described in Calderdale’s School Personnel Guideline: Reviewing the school establishment and the Local Authority Redundancy Policy for teachers, unless the Local Authority has approved a separate policy (see paragraph 1.4).

3. Voluntary redeployment

3.1. Subsequent to agreeing that a school needs to reduce their staffing, in order to assist in implementing staffing reductions and to try to avoid compulsory redundancy, the Local Authority in conjunction with the head teacher and the school’s governing body, will seek to redeploy staff that come forward on a voluntary basis.

3.2. Details of staff who have volunteered for redeployment will be forwarded to the Local Authority. The volunteer for redeployment will be interviewed by Children and Young People's Services Personnel Services or by Corporate Personnel Services, who manage Council-

wide redeployment, to ascertain their job preferences and draw up a profile of their skills, experience, qualifications etc. with a view to matching them to posts which other Calderdale schools or Council Directorates are seeking to fill.

3.3. Priority for redeployment will be given to suitable volunteers from schools that need to lose staff because of budgetary problems or which are in Special Measures.

4. Redeployment of potentially redundant staff

4.1. In cases of potential compulsory redundancy there is a legal requirement to take steps to avoid the redundancy where it is possible for the employer to offer suitable alternative employment, subject to the provisions below.

4.2. The schools’ governing body must consider whether alternative employment is available at the school for an employee who is otherwise to be made compulsory redundant in accordance with the school’s redundancy policy. There is no obligation to create a job for this purpose or to offer a job for which the employee is clearly unsuitable. However, the employee must be considered for any appropriate vacancy.

4.3. As school’s governing bodies have the power to set the staffing complement of the school they obviously are liable for establishing when they have surplus staff. The Education Act 2002 makes the governing body responsible, and answerable before an Employment Tribunal, for handling any eventual dismissal fairly, which includes the offer of any suitable alternative work in the school.

4.4. Where it has been agreed there is a potential redundancy, the Local Authority will co-ordinate measures for the redeployment of school based staff in order to try to avoid compulsory redundancy. This means that school based employees selected for compulsory redundancy are treated as candidates for redeployment and assessed with a view to matching them to vacancies which other Calderdale schools or Calderdale Council Directorates are seeking to fill. Conversely, a governing body may therefore be asked to consider appointing a redeployed employee from another school to a suitable current vacancy in their school.

4.5. Under the Staffing Regulations 2003 (arising from the Education Act 2002), there is a legal requirement on governing bodies to notify the Local Authority of permanent teaching vacancies which they wish to fill. There is also a duty on the Authority to put forward candidates for teaching vacancies, who might otherwise be compulsorily redundant.

4.6. In order to assist the Local Authority’s redeployment efforts, governing bodies are also requested to notify the Authority of non-teaching

vacancies and to consider redeployed non-teaching staff subject to redeployment for suitable vacancies.

4.7. The following principles will apply where alternative employment is going to be offered to a redeployed person:

i. if the new job offered has the same terms and conditions as the original one and constitutes a suitable alternative, the redundant employee refuses to accept it, there is no right to a redundancy payment;

ii. if the new job is on different terms and conditions but nevertheless constitutes a suitable alternative and the redundant employee unreasonably refuses to accept it, there is no right to a redundancy payment. However, in such cases, the employee has a statutory right to a trial period of four weeks in the job during which to assess its suitability. If the new job requires the employee to be retrained, a longer trial period up to three months may be agreed in writing in advance.

4.8. If, after an agreed trial period, a redundant employee refuses to accept an offer of alternative employment, a redundancy payment would only be made if the employee’s refusal to accept it is ‘reasonable’. ACAS say that the only reasons that an employee might reasonably turn down redeployment opportunities could be based on the following considerations:

i. that where there has been a change in location, the job offered may be too far to travel (see Appendix 1 for an outline of the Authority’s policy concerning excess travel arrangements);

ii. that the offer represents a change to, or difference in, hours of work;

iii. that the offer represents worse pay and conditions (see Appendix 1 for an outline of the Authority’s policy regarding salary protection);

iv. that, where an employee is offered a different kind of job than their previous employment, they are not at liberty to automatically refuse it as unsuitable, if the employer is putting in place training to help them in their new job, with an agreed trial period.

5. The role of the school in redeployment

5.1. In relation to the filling of teaching vacancies, under the Education Staffing Regulations 2003 (issued under the Education Act 2002), school governing bodies are required to determine a specification for school posts in consultation with the head teacher, and send a copy to the Local Authority. The Authority may nominate for consideration

for appointment to the post any person who appears to them to be qualified to fill it, and who at the time is in their employment, or who is employed by the governing body of a Foundation, Voluntary Aided or Foundation Special school.

5.2. There is no legal requirement placed on governing bodies to fill a vacancy in their school with a person nominated by the Local Authority. However, governing bodies are asked to consider any nominations made by the Authority.

5.3. In relation to teaching vacancies, schools must provide, as early as possible and no later than Children and Young People's Services Personnel Services normal deadline dates, the advertisement and a job description/employee specification for the vacancy.

5.4. In relation to support staff vacancies, schools are asked to provide, as early as possible, but no later than Children and Young People's Services Personnel Services normal deadline dates, the advertisement and a job description/employee specification for the vacancy.

5.5. Schools are further asked:

i. to consider interviewing a redundant employee, as defined above, nominated by the Local Authority, prior to conducting competitive interviews. (See Appendix 2 for details of the Authority’s support grants to schools);

ii. to consider, if they are unwilling to interview the individual prior to competitive interview, guaranteeing an interview (ie without using a short-listing process) to any person nominated by the Local Authority as suitable for their vacancy;

iii. to send written feedback, if the redeployed person is unsuccessful at interview, to the Local Authority, giving the reasons for not appointing the individual.

6. The role of the Local Authority (offering assistance to find suitable alternative employment)

6.1. Employees to be considered for redeployment will be interviewed by Children and Young People's Services Personnel Services, or by Calderdale’s Corporate Personnel Services, to ascertain existing experience, transferable skills and personal preferences.

6.2. Where applicable, consideration will be given to medical reports indicating any type of work that could not be undertaken.

6.3. The Local Authority will make the arrangements for interview for the individual with the potential employing school or Council Directorate.

6.4. Wherever possible any member of staff under the threat of potential redundancy will be encouraged and supported by the Local Authority in finding suitable alternative employment. At an early stage where school based employees are faced with potential compulsory redundancy, assistance will be provided to support them into other positions. This may include identifying strengths for future employment, training and guidance with application forms or interviews.

6.5. Where a member of staff (teacher or support staff) is faced with potential redundancy and wishes to seek redeployment within the Council or its schools, their details will first be forwarded to Personnel Services, Children and Young People's Services (the Head of Human Resources and Change, in accordance with the Council’s redeployment policy, will decide if support staff are suitable candidates for consideration Council-wide redeployment).

6.6. Where a teacher, as a result of a school closure or reorganisation, accepts a post of lesser remuneration, salary protection will be in accordance with the School Teachers' Pay and Conditions Document. Where the circumstances are other than school closure or reorganisation (e.g. voluntary redeployment), in accordance with the School Teachers’ Pay and Conditions Document the Local Authority can exercise discretion on protection, but should not unreasonably refuse it.

6.7. Where a member of support staff, or a teacher is redeployed to a support staff post, salary protection will be in accordance with the Council’s current scheme at the time of redeployment.

6.8. The agreed protection element of salaries will be provided to schools in their delegated budget, such that the employment of a person with a protected salary is cost neutral to the school making the offer of employment. Salary protections will be funded from the total Schools Budget held by Calderdale, offset by any savings of reorganisation (as advised by the DCSF).

7. Procedure for filling a vacancy through redeployment

7.1. On the identification of a vacancy the school’s governing body, through the head teacher, will submit the advertisement and job description/employee specification for the post to Children and Young People's Services Personnel Services.

7.2. The list of voluntary and compulsory redeployed staff in Calderdale schools will be considered by the Local Authority for a suitable match against a vacancy. If potential matches are found, the individual will be informed immediately of the vacancies.

7.3. Where an individual has agreed to be considered for a vacancy, the Local Authority will send a letter to the school indicating their name,

together with their details, requesting that the school interview the individual.

7.4. The school will be asked to consider whether they are willing to interview a redeployed member of staff, prior to considering other candidates. Priority should be given to any potentially redundant staff. Where a school agrees to this and the redeployed member of staff is subsequently appointed on a permanent contract, the school may be eligible to receive a ‘one-off’ support grant, irrespective of the grade of the post the person is redeployed to, as described in Appendix 2 of this guidance.

7.5. Where the school is not willing to interview a redeployed member of staff prior to other candidates, but will guarantee them an interview, and that redeployed member of staff is appointed on a permanent contract, the school may be eligible to receive 5 per cent of the ‘one-off’ support grant.

7.6. Redundant staff nominated for consideration should be allowed to visit the school during school hours where it is believed a suitable vacancy may exist.

7.7. Where, after receiving advice from the head teacher, the governing body agree to recommend the appointment of an individual nominated by the Local Authority, it should make a formal resolution to that effect and communicate that in writing to the Local Authority, indicating whether the redeployed member of staff was interviewed prior to other candidates, or alongside candidates, together with the date of appointment, job title and salary of substantive post.

7.8. Where, after interviewing the nominated individual for a vacancy, the governing body decide not to recommend the appointment of the redundant Calderdale employee, they should inform the Local Authority in writing giving the reasons for their decision.

Appendix 1: Safeguarding of salaries – Redeployed staff

1. Permanent employees who are redeployed have certain rights to safeguard payments if the salary offered in the new post is less than their previous post.

2. Teachers, for instance, will retain any safeguarding as in the School Teachers’ Pay and Conditions Document.

3. Support staff, or teachers redeployed to non-teaching posts, will be safeguarded in accordance with the Local Authority’s current scheme at the time of the redeployment.

4. The funding of any salary protections will be dealt with in accordance with the Calderdale Fair Funding Framework and be chargeable to the total Schools Budget held by Calderdale (as advised by the DCSF).

Appendix 2: Support grants for schools

1. The Local Authority provides for ‘one-off’ grants to Calderdale schools to facilitate the redeployment of redundant staff, providing the redeployed member of staff is appointed to a permanent contract, and providing the redeployed member of staff has been interviewed prior to other candidates.

2. The value of any ‘one off’ grant will be 50 per cent of any potential redundancy payment, to a maximum of £6,000, calculated in accordance with the Local Authority Redundancy Policy (based on actual salary) or any other policy at a school approved by the Local Authority.

3. The full grant is paid regardless of when in the financial year the appointment becomes effective.

4. Where the school appoints a redeployed member of staff following competitive interviews, providing the redeployed member of staff is appointed on a permanent contract, the school will be eligible for 50 per cent of the appropriate ‘one-off’ grant as detailed above