reducing staffing levels - tips and knowhow for employers and employees - debbie stanley - january...
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@BJEducationLaw
#SMYS15
@BJEducationLaw
#SMYS15
Richard Tanton | +44 (0)116 299 1122
Debbie Stanley | +44 (0)115 976 6597
Tips and knowhow for employers and employees
@BJEducationLaw
#SMYS15
Our joint School Leadership Survey results
confirm that 55% of respondents are facing
the need to make staffing reductions due
to financial pressures.
“Education in schools has operated in a relatively benign
financial climate for a long time. But a new generation of school
leaders is going to have to emerge to cut their cloth to drive
efficiencies. This is one of the biggest challenges facing the
school system: schools will increasingly have to do more with
the same money.” Lord Nash
Help you to ensure that any restructure is done
in a way that
1. is legally compliant and minimises the risk
of legal challenge
2. considers staff morale and minimises the
disruption to teaching and learning
3. complies with good practice whilst
minimising prolonged uncertainty
• budget planning
‐ to avoid / minimise redundancies
‐ determine cost of redundancies
• a step by step guide to a restructure
• top tips and pitfalls to avoid
• questions – ask throughout and we’ll answer as
many as possible at the end
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• if short term issue consider option of
EFA loan
• ending fixed term contracts
• plan ahead and carefully considered
whether vacancies need filling
• reduce non staff expenditure as far as
possible
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• generate additional income
• redeploy to other vacant roles – MAT
wide if applicable
• consider requests for reduced hours,
early retirement and volunteers
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1. consider pay protection when
planning costs: 3 years for teachers
and typically 1 year for support staff
if redeployed to other roles on lower
pay
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2. LGPS members who are 55 or over
must access their pension if made
redundant and the employer must
meet the cost of pension strain – get
costs in advance
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3. check your funding agreement as the
EFA may fund redundancies
4. check your policy to see if you offer
enhanced payments
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• do not underestimate the importance
of planning
• start before you are facing a deficit
and use any surplus wisely
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• staffing levels and structure should be
determined by ‐ curriculum plan
‐ student numbers and demographics
‐ class sizes
‐ income
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• consider contractual notice periods ‐ teachers – October, February and May
‐ support staff – no specified dates
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• if restructure involves teachers - work
back from the notice dates and ensure
steps in policy including dismissal
meetings happen in time
• don’t forget half term – exclude for
the purpose of the process
• contingency for slippage of dates
Action Date
Trade Union Officials notified w/c 5th January 2015
Formal announcement staff meeting 12th January 2015
Individual Consultation Meetings w/c 19th January 2015
Consultation Ends 27th February 2015
Selection Process Begins 9th March 2015
Outcome of selection process communicated 17th April 2015
Formal dismissal meetings w/c 5th May 2015
Appeals (if applicable) June 2015
Outcome of Appeals (if applicable) June 2015
Termination Date 31st August 2015
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Timings
• don’t forget relevant notice for
dismissal hearings – normally 5 working
days – can be up to 10 days in policy
• agree hearing and appeal dates with
unions at the outset to ensure
availability if possible
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• HR1 Form – must be completed if 20 or
more staff are at risk – if you miss
their notice periods you cannot make
any redundancies
• consultation periods are longer if 20 or
more redundancies within a 90 day
period – across the employer (MAT)
• summarises the case for the restructure and
who and how staff are affected
• the enabling process should be included;
along with a timeline
• include current and proposed organogram
and financial implications
• send to trade unions
• staff also receive a copy – including absent
staff
• this forms the basis of consultation
Proposal and numbers and type of staff
affected
• Direct Match - if a role in the new
structure is considered very similar to
the current role and there are
sufficient or excess posts for people,
then it will be deemed to be a direct
match. As a result the post will not be
opened up for applications.
Proposal and numbers and type of staff
affected
• Ring-fencing - ring-fencing applies
where the number of people exceed
the number of the same type of post
e.g. Maths Teacher
All staff at risk of redundancy should have
the opportunity to be considered for new
or vacant posts in the structure
Justification for each staff area/position
e.g. there is no longer the need for the
same number of finance officers. This is
because of the improved efficiencies and
benefits of PS Financials – the new
accounting system which has the ability
to e-mail receipts, invoices and
statements as PDF files and an improved
bank reconciliation process and more
efficient reporting.
Need to demonstrate either a reduced or
diminished need for the work in order for
there to be a fair redundancy reason for
dismissal
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• staff want to know how they are
potentially affected and what their
options are - ensure this is as clear as
possible to minimise uncertainty and
have meaningful consultation
• timing – statutory or policy
• one-to-one meetings (notes taken) with
employee and rep (if applicable)
• have redundancy figures ready and
decide in advance about any
enhancements for volunteers
• staff can raise very genuine
points/proposals during consultation
which may alter the new structure –
that is the point of consultation
• consult on the proposed method and
criteria by including in the business case
• how will you select for redundancy? ‐ interview
‐ scoring/skills matrix
• declaration of interest form if staff can
apply for more than one role
Example scoring criteria
total score available = 100 points
• teachers ‐ student progress (40 points)
‐ quality of teaching (30 points)
‐ behaviour management (10 points)
‐ subject and key stage experience (10 points)
‐ contribution to whole school life (10 points)
avoid being subjective and inconsistent
Achievement Points Points awarded:
Unsatisfactory 2
Satisfactory 4
Good 6
Excellent 8
Total =
Example scoring criteria
support staff
• job skills
• job knowledge
• experience
• efficiency
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• best practice is to have a panel of 3
scorers or interviewers
• if using attendance must exclude
maternity and disability related
absences
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• during any restructure Voluntary
Redundancies (VR) should be offered
as this will reduce the number of
compulsory redundancies
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• must state they will be accepted on an
individual and case by case basis
ensuring the needs of the school and
pupils are met
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• can incentivise by paying in lieu of
notice - avoid enhancing financially
and be consistent
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• ask for VR ‘declaration of interest
forms’ to be completed by the end of
the consultation period
• all requests do not have to be agreed
but seek advice
• statutory or enhanced – check policy
and previous precedents
• ensure calculations have been run for
all at risk staff in advance
• support staff in the LGPS who are over
55 and under 60 are entitled to have
their pension ‘topped’ up – big
additional cost
• ensure continuous service is correct
• suitable alternative roles in other
academies if a MAT
• paid time off for interviews
• support with interview tips/cv
• time to access support from trade
union
• be aware some staff may not have
applied for a job in a number of years
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• staff either receive redundancy pay
and lose continuous service or keep
continuous service and pay back
redundancy pay
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• if staff are made redundant with
effect from 31st August they cannot
start a new job in a school (or body
covered by the Modification Order) on
1st September, unless they pay back
their redundancy pay
Richard Tanton | +44 (0)116 299 1122
Debbie Stanley | +44 (0)115 976 6597
Please note
The information contained in these notes is based on the position at January 2016. It does,
of course, only represent a summary of the subject matter covered and is not intended to
be a substitute for detailed advice. If you would like to discuss any of the matters
covered in further detail, our team would be happy to do so.
© Browne Jacobson LLP 2016. Browne Jacobson LLP is a limited liability partnership.