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Redundancy Management Policy

Introduction The school policy for redundancy management has the full agreement of the whole staff and the governing body. The policy was approved and ratified by the governing body during the summer term 2016. In a continually changing environment, the school needs to adapt and manage change. Changes in curriculum, budgets and pupil numbers, as well as the need for change because of organisational or academic developments, may lead to a requirement for a reduction in staffing levels in order to maintain a budget that balances and the effective provision to meet the needs of the pupils in the school. Forward planning and sound financial management will be used to avoid compulsory redundancies where possible and appropriate, through natural turnover, retirement, redeployment and restrictions on recruitment. Where redundancy is necessary, the school will ensure that redundancies are managed effectively, in a fair, sensitive and non-discriminatory manner. This policy emphasises the importance of effective consultation and communication with employees, as part of this process. This policy applies to all employees of the school, including teaching and support staff.

Aims Through this policy we aim to: fulfil the requirements of the school and maintain operational efficiency while minimising and,

wherever appropriate, avoid compulsory redundancies enable the efficient management of change which maintains and improves curriculum, education

and support service standards, while remaining sensitive and sympathetic to the staff involved share information and consult with employees on proposed changes, providing them with the

opportunity to express their views and for those views to be considered act reasonably, ensuring fairness and objectivity comply with the requirements of employment legislation

Legal requirements The selection process for the termination of employment of staff must be fair and objective. The recognised trade unions must have been properly involved with and every endeavour must be made to find suitable alternative employment. Members of staff must be given reasonable time off work with pay to seek alternative employment The following Acts, Orders and Regulations have clauses relating to the redundancy process.

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Trade Union and Labour Relations (Consolidation) Act 1992 Section 139 Employment Rights Act 1996 Sections 52, 141, 155 Employee Relations Act 1999 The Redundancy Payments (Continuity of Employment in Local Government etc.)

(Modification) Order 1999 The Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Fixed Term Contract (Prevention of Less Favourable Treatment) Regulations 2002 Education Act 2002 and the School Staffing (England) Regulations 2003 Employment Act 2002 (Dispute Resolution) Regulations 2004 Employment Equality (Age) Regulations 2006

Role of the Local Authority

The school purchases HR advice from Nottingham City Council, who provide guidance and assistance in the processes for managing staffing restructures in line with employment legislation.

Role of the head teacher and governing body The governing body is responsible for setting the staffing complement of the school and for managing staffing restructures. The fairness of dismissals can be challenged in an employment tribunal and the governing body will be the respondents in such actions.

Where appropriate, the governing body will make reasonable efforts to avoid compulsory redundancies through: natural turnover and staff resignations deletion of appropriate vacancies voluntary redeployment of staff into other suitable posts within the school, voluntary transfer to

part time working, reduced hours or job sharing arrangements voluntary redundancy review the use of agency supply workers in order to reduce costs reduce staffing cost pressures resulting from overtime working by changing contracts so that

work is carried out within standard contract hours rather than overtime retraining staff reorganisation of staff or job descriptions The governing body avoids all redundancies, both voluntary and compulsory wherever possible and takes a appositive approach with regards to redeployment within the school. If, within a year of a dismissal for redundancy reasons, the school needs to consider reinstating staffing levels, suggesting that the case was not a necessary redundancy, the school may be required to meet redundancy costs and pension liabilities. Advice will be sought from the HR advisor if appropriate. The governing body may delegate the responsibilities to appropriate committees and delegate the management of the redundancy process to the head teacher, who may be supported by a small number of governors not involved in any other committees. As soon as the staffing complement has been set and there is the need for a staffing reduction, the head teacher will consider the timelines and try to set dates for the staff dismissal committee and dismissal appeals committee. The trade union representative will be contacted to try to agree a mutually acceptable date for these hearings.

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The full governing body determines the staffing establishment and agrees the management of the staffing restructure process by the head teacher. The staff dismissal committee considers the head teacher’s recommendations for any staffing restructure process and hears and considers any representations by individuals provisionally selected for redundancy. The number of governors on the staff dismissal committee should not be fewer than three. Where this is not reasonably practicable, the committee shall include two governors. The dismissal appeals committee hears appeals against the decisions of the staff dismissal committee. The number of governors on this committee should not be fewer than the number on the dismissal committee. At both hearings, the head teacher will present the case for redundancy. In this capacity, the head teacher has no part in the decision making process and must withdraw at the same time as the employee and their representative. Any governors who are involved in any part of managing staffing restructures must have an understanding of the need for confidentiality and impartiality and avoid what could prejudice the process.

Planning The governing body will ensure that there is effective planning, financial management and resource allocation in play in the day-to-day and strategic management of the school. The school shall carry out workforce planning and regularly review the staffing structure to ensure it is fit for purpose, supports teaching and learning and minimises surplus staff situations. The leadership team shall provide information in relation to workforce planning and resources to the governing body as required.

Avoiding compulsory redundancies Where the governing body is proposing to make redundancies, it will enter into consultation with all affected employees on an individual basis, and where appropriate, also with recognised trade unions and/or employee representatives. In the first instance, the governing body will consider steps that might be taken, depending on the circumstances, to avoid the need for compulsory redundancies. Examples of such steps include but are not restricted to: reviewing the use of agency staff, self-employed contractors and consultants restricting recruitment in affected categories of employee and in those areas into which affected

employees might be redeployed considering the introduction of short-time working, job-sharing or other flexible working

arrangements, where these are practicable identifying suitable alternative work with the academy that might be offered to potentially

redundant employees inviting applications for early retirement or voluntary redundancy. In all cases, the acceptance

of a volunteer for redundancy will be a matter of discretion for the governing body and the governing body reserves the right not to offer voluntary redundancy terms or to refuse an application where it is not in the best interests of the academy to do so.

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Determining a genuine redundancy situation For a genuine redundancy situation to be established, one or more of the following conditions must be met: a cessation of the entire business by the employer (e.g. closure of the school) a cessation of business at the employee’s workplace a cessation or diminution of the employer’s requirement for colleagues to carry out work of the

particular kind undertaken by the employee

Consultation The Trade Union and Labour Relations (Consolidation) Act 1992 states that an employer must consult with appropriate trade union representatives as soon as practicable and as fully as possible. The purpose of consultation is to provide an opportunity for all concerned to share the problem and explore the options. There are different situations where employers should consult with their employees. This could be ‘informally’ on an individual or team basis; ‘formally’ on an individual or team basis; formally with Trade Union colleagues; or as part of a collective consultation process (when contemplating redundancies). Formal consultation The academy shall involve the recognised trade unions when embarking on a change management process. As the trade unions play a critical role in representing and supporting employees they need to fully understand the rationale for change and the impact on their members. In the interests of good industrial relations, the academy shall engage with the trade unions from the outset to help ease the process. Collective consultation There are legal requirements on which the academy must collectively consult on a formal basis with the trade unions when contemplating making redundancies. The statutory minimum consultation period will depend on the number of redundancies proposed as set out below: 1 – 19 employees – no specific period required, although the academy is under a legal obligation

to begin consultation in ‘good time’. The academy shall plan for a minimum of 30 days’ consultation to allow for a full and meaningful consultation process.

20 – 99 employees – 30 days’ consultation required 100 or more employees – 45 days’ consultation required The duty to consult applies as soon as the academy has ‘formulated specific proposals to make redundancies’. This would normally be following approval to take forward service change proposals.

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Individual consultation Although consultation may be taking place on a collective basis, it is also important to consult with affected employees. There are no legal timescales for individual consultation, however the ‘genuine and meaningful’ requirement still applies and shall be considered when arranging one-to-one meetings with affected colleagues. Public consultation It may also be necessary in some cases to conduct a period of public consultation if the proposed change has a significant impact on service users. This should take place before any employee or trade union consultation commences, unless there is legitimate reason not to, and may impact on timescales.

Timescales To achieve a fair reduction in staffing, agreed timelines will be followed. The timetables shall follow two formats due to pay and conditions. Appendix 1 shows the timeline for teaching staff and Appendix 2 shows the timeline for support staff. Timelines will be assessed to ensure that all stages for the redundancy process are met.

Notifying the trade unions As soon as the decision has been made to make staffing reductions, the head teacher shall start the consultation required under Section 188 of the Trade Unions Labour Relations (Consolidation) Act 1992. The notification will be sent by first class post or e-mail to (Appendix 3): the secretaries of all the recognised trade unions irrespective of whether or not the planned

reduction will affect teaching or school support staff the human resource advisor at Nottingham City Council The head teacher shall enclose the following additional information for the trade unions: a copy of the school’s budget plan entry form for the current financial year set alongside the

provisional budget entries for the new financial year (totals only) details of the proposed selection criteria and the scoring matrix for any proposed assessment

process the appropriate matrix for determining the number of weeks’ pay an employee will be entitled to

The school recognises that periods of school closure could affect the timescale required to manage a reduction and given this, the school shall send the notification immediately after the new staffing complement for the school has been set. During consultation, employees and their trade union representatives will have an opportunity to: contribute alternative suggestions and feedback on the processes explore the possibility of alternative working arrangements and alternative employment contribute alternative suggestions and feedback including, where appropriate, ways of avoiding,

reducing or lessening the effects of any potential redundancies challenge the selection processes

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Notifying employees Where there is a budget problem that may require a reduction in the number of employees, staff will be notified and consulted as soon as possible. The head teacher shall bring the notice to the attention of all groups of staff and inform them where they may refer to it e.g. Ambleside 365. Individual copies must be sent to staff absent from work. The first approach will be to consider whether or not it is possible to achieve the required reduction through the non-renewal of a fixed term contract. All staff will be consulted in exploring ways to avoid redundancy. At this meeting staff shall be informed: that a potential redundancy situation exists of the reasons for this situation of that governors would welcome suggestions regarding alternative measures to avoid

compulsory redundancy of the option to take voluntary redundancy of redundancy compensation arrangements and how confidential estimates may be obtained of timescales The head teacher shall write to staff following the meeting to confirm the main points of the meeting and to invite volunteers for redundancy. A copy of the letter is provided in Appendix 4.

Volunteers The school will explore any interest in voluntary redundancy. It will be possible to accept a volunteer where this meets the curriculum and organisational needs of the school. If more than one person volunteers, the selection for redundancy will be based on the application of the standard selection criteria. Although there is no appeal against 'non selection' for redundancy within this procedure, unless handled fairly and objectively this could form the basis of a grievance complaint. A copy of the letter of interest is provided in Appendix 5. Any recommendation for voluntary redundancy will be taken to the Staff Dismissal Committee, in a similar way to cases of a compulsory redundancy. Any decisions for accepting volunteers for redundancy should be based on objective criteria, with due regard to the future needs of the school. Once a request for voluntary redundancy has been approved by the governing body, this should be confirmed to the employee(s) in writing. (Appendix 6)

Compulsory redundancy If there is no volunteer for redundancy, or if having examined the requirements of the curriculum/organisational needs of the school, the volunteer does not meet with the required selection criteria, the reduction may have to be made on a compulsory basis. The overriding principles at this stage will be to ensure that: having identified the area(s)/subject(s) where reductions are to be made, the selection

process must include the appropriate 'pool of staff'; objective criteria are applied fairly and consistently in an independent way by means of

comparative analysis to ensure that employees are not unfairly selected; and the agreed procedure has been followed.

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Selection criteria and method for selection Having explored the means by which a redundancy could be avoided the next stage is to apply standard selection criteria and to be specific about how the individual(s) affected have been identified. This is the most complex part of the process and will be started at the point of issuing the Section 188 letter 'Notification of Proposed Redundancies' to the recognised trade unions. In all cases of redundancy, the overriding requirement must be the curriculum/organisational needs of the school. The standard selection criteria, which will be applied hierarchically, are as follows: the termination of fixed term contract holders appointed within the guidelines on the use of

fixed term contracts the requirements of the curriculum and organisational needs of the school applications for early retirement and/or voluntary redundancies, from staff in identified areas

in which reductions are to be made qualifications, experience, skills, flexibility of staff to teach/work in other subjects/areas in the

school measured in relation to the curriculum/organisational needs of the school Redundancy is not a vehicle for dismissing employees who are perceived by a governing body not to be performing satisfactorily. Capability procedures exist for these situations. Part time workers will not be treated less favourably than full time staff and flexibility criteria will have to be used carefully. Normally, selection criteria will be designed to ensure that the school is able to retain staff with the attributes required for meeting its future operational, curricular, pastoral and organisational needs. Age and length of service may be deemed as discriminatory and are not one of the recommended selection criteria. From October 2006 discrimination on the grounds of age became illegal. Any method for selection will be objective and non-discriminatory. The recommended selection criteria are standard across schools and operate hierarchically. Ambleside Primary will apply the standard criteria and in the case of a compulsory redundancy or the non-renewal of a fixed term contract there will always be clear documentation as to how the criteria have been applied and the results. See Appendix 12. If it is proposed that a post(s) is to be deleted and not replaced, the post holder will be ‘provisionally’ selected for redundancy – i.e. that they are at risk of redundancy, subject to full and meaningful consultation

Pool of Staff Teaching staff If the area of reduction has been identified as one particular phase, it will be necessary to demonstrate that the selection has included all staff within the school in the same occupational group for the 'pool of staff' at risk of redundancy, i.e. all teachers in the school, so that the 'pool of staff' for selection includes all staff and not only those staff who work in the particular phase. The reason being is that all teacher’s job descriptions are based on the School Teachers’ Pay

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and Conditions Document and therefore are likely to have the skills to work across all year groups in the school. However, an assessment would be made on a case by case basis. As the academy did not implement single status, further service will be requested on a case by case basis, with advice sought from human resources. Support staff Following the clarification of roles for support staff, it may not be necessary for all staff of a particular occupational group to be placed in the ‘pool of staff’ when reductions are being made. For example, the job descriptions of teaching assistants are distinct at each level and have clearly defined roles and responsibilities. In this case, it would be appropriate for the ‘pool of staff’ across the school to consist of only the staff in that particular role and at that particular level rather than for example, all the teaching assistants employed at the school.

Identifying a team to make the redundancy selection Once the redundancy selection criteria have been identified, the line manager needs to make arrangements for the assessment of employees within scope of redundancy, against the criteria. As a minimum, two line managers are be involved in the process. When selecting other managers to be involved with redundancy selection, the following should be considered: the line manager has an understanding of the staff section within which redundancies will be

made the line manager clear about the requirements of the job against which selections will be made If the manager is not familiar with the job role, can they be given access to detailed and verified

records of the employee and their performance, so that objective, evidence-based decisions can be made

Making an independent assessment Once the line managers to be involved in the redundancy selection have been identified. All appropriate evidence and/or records will be made available to all line managers involved in redundancy selection. Line managers should consider the specific details of the criteria and make judgements, based upon evidence, about the score which an employee is assigned. When making judgements about performance, appraisal/review documentation should be examined and performance against targets should be measured. If during the selection process it becomes clear that employee performance records are incomplete for one or more employee, the performance criteria should be removed as a selection criterion. The line managers at Ambleside Primary School receive professional development on redundancy management to ensure all the acts (as written on page 2) and this policy are adhered to.

The moderation meeting Once line managers have made independent assessments of employees and have assigned scores appropriately, a moderation meeting will take place to agree the final scores. The scoring line managers will attend this meeting; as will a representative from HR, who will oversee the

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moderation and will act as a critical friend to the process to ensure that the decisions made are robust and can hold up to external scrutiny.

The importance of a fair and transparent process The decision’s made about which employees are selected for and ultimately made redundant, should be evidence-based, robust and should stand up to external scrutiny. The consequences of this not happening are that the employee may seek redress for unfair dismissal, and redundancy selection decisions may end up being scrutinised in an Employment Tribunal. All decisions made should be objective and should avoid factors which are potentially discriminatory.

Communicating the results Once selection for redundancy decisions are made, line managers will meet with each individual employee included within the scope of the selection pool, to discuss with them the results of the selection exercise, and the specific scoring that the individual employee had received. During this meeting, the line manager will explain to the employee the specific methods/calculations used in the selection process. During this meeting, the head teacher will give employees the option to challenge any points of accuracy in relation to the scoring exercise, for example, the number of days’ sickness used. This opportunity will ensure that any inaccuracies in the base data used for selection are addressed. Where errors are identified, the individual employee’s scores will be amended accordingly, and any changes to the selection for redundancy should be amended. The head teacher will consult with HR where uncertainties/inaccuracies arise as a result of this meeting. Following employee meetings, confirmed outcomes for the redundancy selection should be provided to the employee in writing. A copy of the individual’s scoring matrix should be included with their written notification of redundancy. All employees have the right appeal against their selection for redundancy to the head teacher, who would be accompanied by an HR representative. Employees must register their appeals in writing within 10 working days of receiving written notice of dismissal on grounds of redundancy. An appeal hearing will be convened and the outcome of the appeal will be confirmed in writing to the employee within 10 working days of the date of the hearing. If, once the appeal process is concluded, the employee’s selection as redundant is upheld it should be confirmed in writing, giving the employee notice of dismissal on grounds of redundancy. The letter should set out the period of notice to which the employee is entitled, the date on which dismissal would be effective in the event of no suitable alternative post becoming available and the redundancy payment to which the employee would be entitled to on being made redundant.

Skills audit In considering the 'pool of staff' at risk as part of the selection, the head teacher will undertake a skills audit and apply an objective selection method to ensure selectors used meet the school’s future operational, curricular, pastoral and organisational needs. Selectors which could be used in respect of teaching staff include: particular subject expertise ability to teach additional subjects

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experience with particular age groups or key stages A meeting will be held with staff individually so that the purpose and implications of the selection criteria can be explained. This process will be management led but individuals will be given a copy of the skills audit to consider prior to the meeting with the head teacher. Any information used to make a selection for redundancy will be checked with individuals on a confidential basis for accuracy to ensure a fair selection is made. The drawing up of fair criteria is not in itself enough to guarantee fair selection. Selectors will be able to demonstrate that they have applied the criteria as objectively as possible. The head teacher will make sure they have up to date information on staff relevant to the criteria. Employees that least meet the needs of the school through this process will usually be provisionally selected for redundancy. Once the head teacher has objectively identified individuals they will meet with each member of staff to explain the reason for the selection. This will be done as quickly and sensitively as possible and prior to the dismissal hearing. The head teacher will be able to demonstrate at any hearing that may be necessary, that a skills audit has been undertaken. This will include providing anonymous details of the audit undertaken.

Individual appeal against method of selection Employees can raise any concerns they may have regarding the way in which the selection criteria has been applied to them and this should be done in the individual consultation meeting as soon as possible. If the employee remains dissatisfied with the response regarding their selection, this should be captured in the notes and the employee should receive a written response within 5 working days of the rationale regarding their selection.

Part-time staff Where there is part of a post reduction then a part time worker will not be automatically selected as this would contravene the Part Time Employees (Prevention of Less Favourable Treatment) Regulations 2002. The head teacher will first ask for volunteers for redundancy from all staff or those willing to accept a voluntary reduction in hours. A reduction in hours by mutual agreement can be made quite easily. If voluntary measures are not possible then the procedure for compulsory redundancies will have to be followed. If, in applying the selection criteria, a full-time teacher is selected for a compulsory reduction in hours, this could be regarded as a substantial change in contract and s/he could choose, instead, to be made redundant. A new appointment to the new reduced hours would have to be sought.

Maternity/Adoption leave and redundancy Employees on maternity or adoption leave have the right to be consulted within the same way as employees not absent from work. Employees on Ordinary or Additional Maternity/Adoption Leave, who are affected by a redundancy exercise, are automatically entitled under regulation 10 of the Maternity and Parental Leave Regulations 1999 to be offered any alternative vacancy available.

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This effectively gives employees on maternity/adoption leave the right to take precedence over other employees who are selected for reasons of redundancy, even if they are better qualified for the vacancy. This preferential treatment does not apply until the close of the consultation period when the ‘at risk’ status is confirmed and they have been selected for redundancy (unless it is felt there is reason to do so earlier – this should be judged on a case-by-case basis). Managers who are making the decision as to whether a colleague who is on maternity/adoption leave during a redundancy exercise has the automatic right to an alternative vacancy need to consider carefully all aspects of the job on offer - including its function, remuneration, location and suitability for the colleague in their particular circumstances. There are two conditions on the right to be offered an alternative position: the work offered must be both suitable for the employee on maternity/adoption leave and

appropriate for them to do when they return to work; and the contract applying to the new job must not be “substantially less favourable” than the previous

contract. The colleague must be capable of doing the work, and the place where they are required to work – and all other terms and conditions of employment - must be suitable.

If the alternative role does not satisfy these requirements, the employee is not automatically entitled to it, and the governing body is entitled to conduct an appropriate selection process if there is more than one candidate for the vacancy. This a highly complex area and managers should refer to HR Advisor for advice as each case needs to be considered on a case by case basis. It should also be noted that staff on maternity/adoption leave must be given the opportunity for appropriate reasonable adjustments to be made to any assessment process that they are required to go through to ensure they do not suffer a detriment due to their maternity leave. The employee’s qualifications, skills and abilities should be recorded as part of the skills/strengths based assessment process and along with any other additional information if required.

Personal hearing and appeals Any member of staff who is the subject of a recommendation for termination of contract has a right within the School Staffing (England) Regulations 2003 to make written and/or oral representations before a Staff Dismissal Committee with a right of appeal to a Dismissal Appeals Committee. If there is more than one employee represented by the same trade union, then they may elect to have their cases heard together. Having discussed the matter privately with individual the head teacher will write to the employee giving notice of their right to attend the hearing of the staff dismissal committee and to be represented by a trade union representative or a work colleague. An individual will be given the opportunity to present written representation to the committee. Papers should be sent to the head teacher who will arrange for papers to be distributed to governors. An individual is entitled to a copy of any documents relevant to their case and being presented by the head teacher, at the same time as the documents are being circulated to the committee. Governors will be sent copies of the head teacher’s case for dismissal and those submitted by the employee. Individual(s) will receive written confirmation of the decision and be given the right of appeal within 14 days of receipt of the letter confirming the decision. This letter will be sent the next working day of the staff dismissal committee decision. An individual will receive an invitation to the hearing before the dismissal appeals committee.

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If there is an appeal, the governing body will adopt the same procedure as the original committee hearing (see Appendix 7). The outcome will be confirmed in writing to the employee with a copy to their representative. If an employee is successful at appeal, then they will be informed in writing within 3 days that the notification of termination of contract is withdrawn.

Notice For colleagues selected for redundancy, contractual or statutory notice will be issued. Suitable alternative employment within the school will be continued to be considered during the notice period. Where colleagues have not obtained alternative employment during this period or are not working on a trial period, their employment will terminate by reason of redundancy at the end of their notice period. The school will issue a letter of termination of contract to the individual within 14 days of receipt of the notification from the staff dismissal committee

Teachers Teachers are entitled to appropriate notice in accordance with the Conditions of Service for School Teachers in England and Wales (August 2000).

Notice under Conditions of Service for Teaching Staff [excluding head teachers]

Finishing date 31st August 31st December 30th April

Notice under contract of employment received by

31st May 31st October 28th February

Notice if teacher has more than 8 years continuous service

31st May One week for each year of continuous service – maximum 12 weeks

One week for each year of continuous service – maximum 12 weeks

Notice under conditions of service for head teachers

Finishing date 31st August 31st December 30th April

Notice under contract of employment to be received by

20th April 30th September 31st January

Support staff Normal period of notice under a contract of employment is 4 weeks. However, an employee that has five or more years’ continuous service will be entitled to one weeks’ notice for each completed

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year of continuous service up to a maximum of twelve. The governing body have agreed to award all staff the full amount of service.

Salary safeguarding and redeployment Governors have a duty to mitigate the consequences of a compulsory redundancy and every effort will be made during the notice period to redeploy the individual(s) affected into a suitable alternative post in the school. Teachers Salary protection will apply in accordance with the School Teachers’ Pay and Conditions document which details the arrangements for salary safeguarding. Temporary and non-contractual payments will not be protected The contractual number of weekly working hours will be protected under safeguarding arrangements, nor will the number of weeks on which an employee’s salary is calculated. Support Staff Support staff who are offered and accept a post, up to a maximum of two grades lower within the school will be protected on their former salary scale point, determined by the governing body, which will start 1 year from the date they commence in the new post. Individuals selected for dismissal on the grounds of redundancy have a right to time off to seek other employment and permission should be granted to attend interviews, redeployment meetings, job centres, etc., within working hours as necessary.

Alternative offer of employment within the school As part of the consultation process, the school will give consideration to whether there are any suitable alternative vacancies that may be available and these will be made known to all affected employees. The school cannot guarantee that the job offered shall be similar to the current job or a job in the same workplace. The offer shall be made before the current job ends in writing. The employee shall be given reasonable information regarding the new job. If an employee refuses an alternative job offer without good reason they may lose their right to redundancy pay. If the employee disagrees on job suitability or unreasonable refusal the staff dismissal committee shall be presented with the case for redundancy pay. If the employee accepts the alternative job offer, they are entitled to a four-week trial period. If this job is not suitable, the employee can give notice during the trial period without affecting their right to redundancy pay.

Alternative offers of work made by another Modification Order body

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If an employee who is under notice of redundancy receives an offer of a job from another Modification Order body before the termination of his or her current employment and takes it up within 4 weeks of the end of the old employment, there will be no dismissal for redundancy payment purposes.

Redundancy pay Employees who are dismissed on redundancy grounds and who have two years’ continuous service or with previous continuous service with an organisation covered by the Redundancy Payments Modification Order 1999 are entitled to statutory redundancy pay. Employees must have no more than one week’s break in service between each organisation. One week is defined as a running Sunday to Saturday. This statutory payment is calculated taking the employee’s age, length of service and weekly pay into account. See appendix 11. A break in service does not include school holiday periods, i.e. where a contract ceased at the end of one term and a new one was issued at the commencement of the following term, then this will be regarded as continuous. Verified continuous service with organisations covered by the Redundancy Payments Modification Order 1999 which has not previously been the subject of a redundancy payment will be included in any calculation for a redundancy payment. Employees may be obliged to provide documentary evidence of such service. Employees must disclose if they have previously received a payment from an organisation covered by the Redundancy Payments Modification Order 1999. Employees accepting an offer of employment which commences within four weeks of the termination of their employment with the school shall be required to pay back their redundancy payment, if the new employer is covered by the Redundancy Payments Modification Order 1999. If the employee is offered a suitable alternative position, then no redundancy payment will be made. Where an offer is unreasonably declined, the employee in doing so may also waive their right to a redundancy payment. Where the employee has two contracts of employment and one of the contracts is at risk of redundancy, legal advice shall be sought to confirm the redundancy payment entitlement. If an employee changed from full time work to part time work and was made redundant shortly afterwards, the weekly pay will be calculated at the part time rate as that is the hours worked at the stage of redundancy.

Post implementation

The school recognises it is always important to review a change process immediately after the process (to capture what went well and not so well and what lessons can be learned and shared with other colleagues) but also to review after a few months to see if the change has been embedded and, if appropriate, has achieved the planned improvements. Formal processes follow immediately after any consultation period finishes and before implementation commences: employees who have new roles will need support, training and development people management systems must be updated to reflect new structures or changes to individual

roles to ensure that individual pay/grade hours and pension arrangements are correct.

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budgets are accurate

management reports are reflective and precise

the employee’s contractual position is clear and new or revised employment contracts and job descriptions are issued where appropriate

Racial & Equality Statement All staff have equal access and inclusive rights to their work regardless of their age, gender, sexual orientation, race, ethnicity, religion, belief, disability or ability. Ambleside Primary School is committed to creating a positive climate that will enable everyone to work free from racial intimidation and harassment and to achieve their full potential. The school equality policy is available that expands on this further. Accessibility of policy documents Parents and carers are welcome to ask for further information about any policy matter. Copies of all current school policies are available for parents and carers to read. A copy of each policy is displayed in the school lobby and all policies can also be consulted online via the School website at www.amblesideprimaryschool.co.uk. The school will try to arrange for the translation or summary of a document when this is requested by a parent or carer whose first language is not English. The school will try to make a document available in an alternative format when specifically requested.

Review This policy will be reviewed in line with the school policy cycle.

Appendices Appendix 1 – Teaching staff timeline Appendix 2 – Support staff timeline Appendix 3 – Notification to Trade Unions declaring the need for staffing reductions (Section 188 notice) Appendix 4 – Letter opening staff consultation with regard to potential redundancy Appendix 5 – Letter requesting volunteers for redundancy Appendix 6 – Letter confirming acceptance of request for voluntary redundancy Appendix 7 – Order of events for staff dismissal committee and dismissal appeals committee Appendix 8 – Provisional selection for redundancy Appendix 9 – Notice of termination of employment Appendix 10 – Decision of reorganisation appeal committee Appendix 11 – Ready reckoner for calculating redundancy payments

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Appendix 12 – Redundancy selection criteria and scoring matrix Appendix 13 – Frequently asked questions for line manages and employees

Appendix 1: Teaching staff timeline

This timetable is based on a redundancy taking place at 31 August. The timetable shall be drawn up for any proposed redundancies, including those planned as a consequence of a restructure taking place at another time. Ambleside Primary School recognises that some employees have a right to statutory notice of 12 weeks together with contractual rights and have agreed that all employees shall get the full amount of notice available. The dates shown in the first column are the latest dates by which these actions will have been taken.

Date Timeline guide

November Initial meeting of the board of governors at the school to clarify possible areas for staffing reductions

January(or earlier)

Meeting to be held with affected staff to open the consultation process. Staff to be made aware that changes to the school’s organisational structure are being

considered by governors and some change is inevitable Invite interest in voluntary redundancy, early retirement etc., and the opportunity for

counselling Initial letter to alert trade unions

By the end of January

The full governing body meets to empower the head teacher and the staff dismissal committee to deal with the restructuring and any consequent over-staffing

Ambleside Primary School is an exempt charity and a company limited by guarantee, registered in England and Wales number 8246275. It has a registered office at Minver Crescent,

Aspley, Nottingham NG8 5PN.

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Early February The head teacher and the staff dismissal committee determine the criteria for selection. Timetable for any proposed redundancies Procedure to be followed (including arrangements for consultation and appeal) Measures by which redundancies may be avoided The head teacher formally consults with teaching associations and trade unions seeking comments and representations

Early March The staff dismissal committee and the head teacher meet to consider and respond to any representations from the teaching associations and trade unions.

March The staff dismissal committee meet to apply the selection criteria and make redundancy selection, considering all information available to them. Those staff provisionally nominated for redundancy are invited to make written and oral representations.

April The staff dismissal committee meet with staff members to hear representations. The committee reaches a decision and writes to inform selected individuals, informing them and inviting any selected for potential redundancy to lodge an appeal. Any such appeal should be lodged within 14 working days of notification of selected, by the employee informing the chair of governors of their wish to appeal

By mid-May The appeal committee meets to hear any appeals that are received. Individual staff members are informed of the decision

By 31st May The school issues redundancy notices, arranges termination of pay etc.

31st August The dismissals by reason of redundancy take effect

1st September New organisational structure takes effect.

Appendix 2: Support staff timeline

Action

Timeline guide

Full governing body sets staffing complement and delegates procedural arrangements to the head teacher

Normally when budget is set and staffing needs considered.

Head teacher issues Notification of Proposed Redundancies to all trade unions (Section 188 letter)

Next day

30 working days’ consultation period (excluding school holidays)

Notification to individual(s) giving notice of hearing before staff dismissal committee to consider case for dismissal on grounds of redundancy

10 working days’ notice (excluding school holidays)

Hearing before staff dismissal committee

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If termination of contract determined Within 7 days and preferably next day, confirm to employee the right of appeal within 14 working days.

If termination of contract not determined Next day, inform employee of the Committee decision

Termination of contract of employment

Within 14 working days of receipt of dismissal notification

Notification of appeal hearing

10 working days’ notice (excluding school holidays)

16 weeks’ notice for all employees regardless of length of service

Appeal hearing before dismissal appeals committee

If necessary, within the notice period

Employment ends or notice of redundancy withdrawn

Appendix 3: Notification to Trade Unions Declaring the Need for Staffing Reductions (Section 188 Notice)

[Date] FIRST CLASS AND CONFIDENTIAL To: All the recognised trade unions Copy for Staff Notice Board Copy to Children’s Services Human Resources NAME OF SCHOOL: Ambleside Primary School Dear Colleague SECTION 188 OF THE TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992 - NOTIFICATION OF PROPOSED REDUNDANCIES AT AMBLESIDE PRIMARY SCHOOL Committee decision The full governing body met on [date] and having examined the budget [or other reason] have agreed that it is necessary to implement a staffing reduction. In accordance with the consultation procedure agreed with the recognised trade unions, staff in the school have been informed. I now

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wish to consult with your trade union and the other recognised trade unions involved and provide the following information. The budget In the financial year * it is anticipated [provide details here regarding the situation with the budget – note that the budget may not necessarily be the driver of the change process and therefore there would not automatically be a deficit budget]. Staffing reductions The current teaching staff complement in the school, including head teacher and senior

management team, is: Based on the delegated budget and the numbers and needs of the pupils of the school, the

committee has fixed the teaching staff complement, including head teacher, at: Number of teacher redundancies: The FTE number of pupils in the previous September was: The FTE number of pupils anticipated for the following September is: The current support staff complement is: The revised support staff complement is Number of support staff redundancies: Details of proposed redundancies

Post Type

Current FTE

Proposed FTE

Reduction FTE

Where known Voluntary, Compulsory or end of Fixed Term Contracts

Details of current fixed term contracts

Post Type

FTE Reason for the fixed term contract

Start date in current and concurrent contract at this school

Reason for non-renewal

Timetable In recognition of the timescales required by the reductions in staffing procedure I give below advance notice of hearing dates:

Date Staff Dismissal Committee Dismissals Appeals Committee OR Dates for hearings are not yet known

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Other information Enclosed are copies of the: current year’s Budget Plan Entry form, including provisional budget entries for the new financial

year (totals only); proposed method of calculating the redundancy pay; and selection criteria (including skills audit). Consultation I wish to consult with you about ways of: avoiding the dismissals reducing the numbers of employees to be dismissed, and mitigating the consequences of the dismissals.

I understand that on receipt of this information you may wish to meet to discuss this matter further. I am available to meet with you on the following dates and times: Suggested dates Suggested times Following the consultation period, the procedure for carrying out the following stages of the process will conform to the appropriate legislation. Naturally both the governors of the school and I regret the need for this course of action and I would assure you that during the consultation period I will do all that is possible to minimise the effects on staff, consistent with needs of the school. Although there is no statutory period of consultation defined for situations where fewer than twenty employees are at risk, I intend to allow 30 working days, from today, for such consultations. I am conscious of the effects delay could have on the school’s budget and the potential effects on staff and therefore as part of the agreed procedure I should be grateful if you could contact me within the next 5 working days to confirm whether or not you wish to meet and whether any of the proposed dates are convenient for you. If I have not heard from you by (date) I will assume that no meeting is required and that you agree that it is in order for me to proceed to the next stage of the process to identify and inform the nominated individual(s) without further consultation from your trade union. Yours sincerely Head Teacher Ambleside Primary School Please ensure you have enclosed Budget entry form Proposed method of calculating the redundancy pay Skills audit/selection criteria

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Appendix 4 LETTER OPENING STAFF CONSULTATION WITH REGARD TO POTENTIAL REDUNDANCY PRIVATE & CONFIDENTIAL Date Dear Redundancy Consultation

The governing body has recently undertaken a review of the school’s indicative financial position for 20xx/20xx. Subject to confirmation of this budget, it is anticipated that we will need to make a financial saving of approximately £xxx this year. The Governors are currently considering a number of strategies in respect of achieving this saving, including the option of staff redundancies. On this basis, governors have decided to open consultation with the recognised trade unions with regard to the potential need for redundancies. Every effort will be made to avoid compulsory redundancies in the event of this option being pursued. I must emphasise that this is only a proposal at this stage and is subject to considering any comments or proposals you and/or your trade union might make. As such, I invite you to make any comments orally and/or in writing to me. In order to ascertain the potential savings that may be made, I am also writing to ask if any member of staff is prepared to consider any of the following options: -

reduction in hours of work;

part time or job share work;

volunteer for redundancy

Any expressions of interest of this nature may be made without obligation and will be considered on an individual basis although no guarantees can be made at this point in time. If you are interested in the possibility of volunteering for redundancy you may request in writing to the head teacher or chair of governors, an estimate of the redundancy amount you may receive. Should you be interested in pursuing any of these options or if you would like to discuss this matter, please do not hesitate to contact me. Yours sincerely Mrs K L Hannon Head teacher Copy of this standard letter to: Chair of governors

All the recognised trade unions

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Appendix 5 Letter requesting volunteers for redundancy

Ambleside Primary School Minver Crescent Aspley Nottingham NG8 3PN (Date) Dear [NAME], Applications for voluntary redundancy I write further to recent correspondence with regards to the proposed redundancies at Ambleside Primary School. In order to avoid compulsory redundancies as far as possible, I am writing to all employees within [Job Title] to ask for applicants for voluntary redundancy on the following terms: [Details of the proposed package]. Any applications for voluntary redundancy which are subsequently rejected will have no impact on an employee’s future employment with Ambleside Primary School. Employees are also free to change their mind and withdraw their application for voluntary redundancy at any time before a formal written agreement is entered into relating to their application for voluntary redundancy. Ambleside Primary School reserves the right not to accept all applications for voluntary redundancy, particularly if there are more applications than the proposed number of redundancies or it is considered that it is in the long-term interests of Ambleside Primary School to retain certain employees. Please note compulsory redundancies may still be required if sufficient numbers of appropriate volunteers are not received. Should you wish to apply for voluntary redundancy, please sign and return the attached copy of this letter to me as soon as possible, and in any event by [DATE]. Ambleside Primary School will consider all of the applications received and you will be informed as soon as possible if your application has been successful. If you have any questions in the meantime, please do not hesitate to contact me. Yours sincerely Mrs K L Hannon Head Teacher On behalf of Ambleside Primary School ................................................................

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I wish to apply for voluntary redundancy on the terms set out in this letter. I understand that Ambleside Primary School is under no obligation to accept this application. Signature: ................................................... Name: ......................................................... Date: ...........................................................

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Appendix 6 LETTER CONFIRMING ACCEPTANCE OF REQUEST FOR VOLUNTARY REDUNDANCY PRIVATE & CONFIDENTIAL Insert date Dear Acceptance of Request for Voluntary Redundancy Thank you for your letter confirming your wish to volunteer for redundancy. Following a meeting of the staff dismissal committee on insert date, I am pleased to advise that your offer has been provisionally accepted, unless anything were to happen in the meantime to render the redundancy process unnecessary. In connection with this, the school is required to complete an instruction to dismiss form in xxx, advising that there have been no changes to the budget or staffing structure prior to the end of xxx. If this is the case, Ambleside Primary School will release a dismissal on the grounds of redundancy letter to you on xxx, confirming your cessation of employment on xxx. If any such changes were to occur prior to the end of xxx, I will contact you to discuss this. In the meantime, if you have any queries regarding this matter, please do not hesitate to contact me. Yours Sincerely Head teacher or chair of governors Copies to: 1 Chair of Governors 2 Trade union representative

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APPENDIX 7 Order of Events for Staff Dismissal Committee and Dismissal Appeals Committee

1 Head Teacher presents the case. 2 Questions from employee and/or employee representative to the Head

Teacher 3 Questions from the Committee to the Head Teacher

_______________________ 4 Employee (or representative) presents their case 5 Questions from Head Teacher to the employee (or representative) 6 Questions from the committee to the employee (or representative)

_______________________ 7 Head Teacher sums up and confirms recommendations to the

Committee 8 Employee (or representative) sums up 9 Both parties withdraw

__________________________ 10 Committee considers and makes a decision 11 All parties reconvene and decision is given 12 Individual informed of right of appeal within 14 days. Later confirmed in

writing. APPEAL Same procedure but must be with different governors. No further right of appeal.

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Appendix 8 Dear [NAME]

Provisional selection for redundancy I write further to recent correspondence. As explained in the business case presented at the meeting on [DATE] and in my letter to you of [DATE], [PROVIDE DETAILS OF THE BACKGROUND EVENTS LEADING TO THE NEED TO MAKE REDUNDANCIES AT THE SCHOOL]. A number of steps have already been taken in order to avoid compulsory redundancies. These include [SELECT AS APPROPRIATE – restrictions on recruitment, offering alternative employment elsewhere within the school, re-training employees, voluntary redundancy]. Unfortunately, those steps have not avoided the need to make redundancies at the school. As contained within the business case, the school anticipates that it will have to make the following redundancies: [PROVIDE DETAILS OF NUMBERS, JOB TITLE AND DEPARTMENT] Individuals have been provisionally selected for redundancy on the basis of the following selection criteria: [PROVIDE DETAILS]. Unfortunately, I regret to inform you that you have been provisionally selected for redundancy following completion of the above selection criteria. The details of your score, together with a breakdown are enclosed for your review. Please note your selection is only a provisional decision at this stage and the school will continue to consult with you in order to try and find ways in which your redundancy can be avoided. We will also try and identify any alternative positions available at the school which may be suitable for you. A consultation meeting has been arranged to take place at [LOCATION] on [DATE] at [TIME]. You may bring a trade union representative or colleague to the meeting as your companion. If you wish to do so, please let me know the name of your companion as soon as possible. The aim of the meeting is to give you a chance to discuss the proposed redundancies in more detail. In particular, the following will be discussed with you:

Why it is necessary to make redundancies.

How the selection criteria was applied.

Why your position has been provisionally selected for redundancy.

The terms on which any redundancy would take place.

Possibilities for alternative employment within the school. At the meeting we welcome any submissions that you may have for avoiding redundancy or reasons why you think the school should not have selected you for redundancy. Following the meeting, we will consider any submissions you have made and arrange a further meeting to discuss the school’s response. Please note if your selection for redundancy is confirmed you will be entitled to reasonable paid time off during your notice period to look for a new job or arrange training for your future employment.

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If you have any questions or issues that you want to discuss before the meeting on [DATE], please do not hesitate to contact me. Yours sincerely ................................................................ Mrs K L Hannon On behalf of Ambleside Primary School

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Appendix 9 Dear [NAME],

Notice of termination of employment Further to our meeting on [DATE] I am writing to confirm the decision to make you redundant from your post at Ambleside Primary School. As you know, there was a meeting with all of the employees who could have been affected on [DATE], at which [NAME] explained why we were considering making redundancies at Ambleside Primary School. [SUMMARISE THE REASONS]. The Staff Dismissal Committee then met with you individually on [DATE] and [DATE] to consult with you regarding your provisional selection for redundancy. As you know, we have explored ways in which your redundancy could be avoided, and the possibility of alternative employment. Unfortunately, we have not been able to identify any suitable alternative employment for you or any way in which your redundancy could be avoided. However, should any suitable alternative positions become available during the notice period we shall inform you of them. Please note that this may affect your entitlement to a statutory redundancy payment. We are therefore serving [PERIOD] notice to terminate your employment, in accordance with your contract of employment. Your employment will therefore terminate by reason of redundancy on [DATE]. As I explained at our meeting on [DATE], following termination of your employment:

You will receive a [statutory] redundancy payment, which is calculated on the basis of your age, weekly salary (subject to a maximum, currently £[AMOUNT]) and length of service. This payment will be free of income tax and national insurance contributions.

You must return all property belonging to Ambleside Primary School (including any documents) to [NAME] by [DATE].

Information about your rights under the pension scheme can be obtained from the school business manager on 0115 9003610 or businessmanager@ambleside.nottingham.sch.uk

You are entitled to reasonable (and paid) time off during working hours before the termination of your employment to look for a new job or arrange training for your future employment. If you want to take any such time off, please contact [NAME] to arrange the details.

You have the right to appeal against the decision to make you redundant. Please submit any appeal to [NAME] in writing by [DATE], specifying the grounds on which you are appealing. We very much regret that it has become necessary to make redundancies and that you have been affected. I would like to thank you for your hard work at Ambleside Primary School over the last [PERIOD] years and wish you all the best for your future career. Yours sincerely ................................................................ Mrs K L Hannon On behalf of Ambleside Primary School

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Appendix 10 DECISION OF REORGANISATION APPEAL COMMITTEE Letter informing an employee of the decision Dear [NAME] Further to the meeting of the dismissal appeal committee held on [INSERT DATE] to consider your appeal against the closure of your job role and, as a consequence, your potential dismissal on the grounds of redundancy, I now write to inform you that the dismissal appeal committee, after careful consideration of your case, has decided to uphold the decision of the Staff dismissal committee. If the current position remains unchanged Ambleside Primary School will regretfully send you a notice letter and your employment will come to an end by reason of redundancy on or about the [INSERT DATE] to take effect from [INSERT DATE]. The reasons for reaching this decision are [SUMMARISE REASONS]. As previously indicated, the ACADEMY’S position throughout this process is to make every effort to seek alternative employment for you within the ACADEMY and, where this exists, to consider you for suitable vacancies that arise. Should this situation arise we will inform you during your notice period. If you have any questions, please do not hesitate to contact me. Yours sincerely, Clerk to the dismissal appeal committee

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Appendix 11 Ready reckoner for calculating redundancy payments Length of service in years

Age 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

17 1

18 1 1½

19 1 1½ 2

20 1 1½ 2 2½

21 1 1½ 2 2½ 3

22 1 1½ 2 2½ 3 3½

23 1½ 2 2½ 3 3½ 4 4½

24 2 2½ 3 3½ 4 4½ 5 5½

25 2 3 3½ 4 4½ 5 5½ 6 6½

26 2 3 4 4½ 5 5½ 6 6½ 7 7½

27 2 3 4 5 5½ 6 6½ 7 7½ 8 8½

28 2 3 4 5 6 6½ 7 7½ 8 8½ 9 9½

29 2 3 4 5 6 7 7½ 8 8½ 9 9½ 10 10½

30 2 3 4 5 6 7 8 8½ 9 9½ 10 10½ 11 11½

31 2 3 4 5 6 7 8 9 9½ 10 10½ 11 11½ 12 12½

32 2 3 4 5 6 7 8 9 10 10½ 11 11½ 12 12½ 13 13½

33 2 3 4 5 6 7 8 9 10 11 11½ 12 12½ 13 13½ 14 14½

34 2 3 4 5 6 7 8 9 10 11 12 12½ 13 13½ 14 14½ 15 15½

35 2 3 4 5 6 7 8 9 10 11 12 13 13½ 14 14½ 15 15½ 16 16½

36 2 3 4 5 6 7 8 9 10 11 12 13 14 14½ 15 15½ 16 16½ 17

37 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15½ 16 16½ 17 17½

38 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 16½ 17 17½ 18

39 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 17½ 18 18½

40 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18½ 19

41 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 19½

42 2½ 3½ 4½ 5½ 6½ 7½ 8½ 9½ 10½ 11½ 12½ 13½ 14½ 15½ 16½ 17½ 18½ 19½ 20½

43 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

44 3 4½ 5½ 6½ 7½ 8½ 9½ 10½ 11½ 12½ 13½ 14½ 15½ 16½ 17½ 18½ 19½ 20½ 21½

45 3 4½ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

46 3 4½ 6 7½ 8½ 9½ 10½ 11½ 12½ 13½ 14½ 15½ 16½ 17½ 18½ 19½ 20½ 21½ 22½

47 3 4½ 6 7½ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

48 3 4½ 6 7½ 9 10½ 11½ 12½ 13½ 14½ 15½ 16½ 17½ 18½ 19½ 20½ 21½ 22½ 23½

49 3 4½ 6 7½ 9 10½ 12 13 14 15 16 17 18 19 20 21 22 23 24

50 3 4½ 6 7½ 9 10½ 12 13½ 14½ 15½ 16½ 17½ 18½ 19½ 20½ 21½ 22½ 23½ 24½

51 3 4½ 6 7½ 9 10½ 12 13½ 15 16 17 18 19 20 21 22 23 24 25

52 3 4½ 6 7½ 9 10½ 12 13½ 15 16½ 17½ 18½ 19½ 20½ 21½ 22½ 23½ 24½ 25½

53 3 4½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19 20 21 22 23 24 25 26

54 3 4½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 20½ 21½ 22½ 23½ 24½ 25½ 26½

55 3 4½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22 23 24 25 26 27

56 3 4½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 23½ 24½ 25½ 26½ 27½

57 3 4½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 24 25 26 27 28

58 3 4½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 24 25½ 26½ 27½ 28½

59 3 4½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 24 25½ 27 28 29

60 3 4½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 24 25½ 27 28½ 29½

61 +

3 4½ 6 7½ 9 10½ 12 13½ 15 16½ 18 19½ 21 22½ 24 25½ 27 28½ 30

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The ready reckoner for calculating redundancy payments above shows how many weeks’ pay the employee is entitled to. The calculation is based on the employee’s age at the time of the redundancy and the length of service refers to years of continuous service. Only continuous service in local government and certain related bodies covered by the Redundancy Payments Modification Order counts for the calculation of redundancy payments. It is possible that an individual could start to build up continuous service before age 16, but this is likely to be rare, and therefore the table starts from age 18. The same figures should be used when calculating the redundancy payment for a person aged 61 and above. Teaching Staff For all teaching staff with 2 or more years’ continuous service with Ambleside Primary School (or with an organisation covered by the Redundancy Payments (Continuation of Employment in Local Government, etc.) (Modification) Order 1999) (the RPMO), who are dismissed by reason of redundancy, compensation will be paid equivalent to the statutory redundancy payment to which they are entitled under the Employment Rights Act 1996 (ERA). In calculating the amount of redundancy compensation to which a teacher is entitled under this Regulation, the statutory limit on a week’s pay in accordance with section 227 of the Employments Rights Act 1996 will not be imposed. School Support Staff For all support staff with 2 or more years’ continuous service with the City Council (or with an organisation covered by the Redundancy Payments (Continuation of Employment in Local Government, etc.) (Modification) Order 1999) (the RPMO), who are dismissed by reason of redundancy, compensation will be paid equivalent to the statutory redundancy payment to which they are entitled under the Employment Rights Act 1996 (ERA). In calculating the amount of redundancy compensation to which an employee is entitled under this Regulation, the statutory limit on a week’s pay as imposed by section 227 of the ERA will apply. For employees who are entitled to a statutory redundancy payment, an additional discretionary compensation element will be paid equivalent to one and a half times the amount payable under Regulation 5.

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Appendix 12 Redundancy selection criteria and scoring matrix Selection for redundancy During times of unprecedented change, it is essential that the school retains a competent and balanced workforce appropriate to future school and business needs. The Redundancy Selection Matrix provides a robust method for the selection of employees for redundancy. The objective of the process is to ensure that where appropriate, every employee affected by redundancy is evaluated against a key set of criteria which is applied fairly and consistently. The selection criteria and scoring system outlined below should be used to determine which employees should be retained and those to be selected for redundancy. Where it becomes necessary to reduce the number of employees in a specific job. The redundancy selection criteria and scoring matrix form the basis on which employees can be objectively and fairly measured. Line managers should use all of the criteria listed in this matrix. However, if one specific criteria is not applicable to those in scope of redundancy, a 0 score will be marked in the scoring matrix. This excludes the use of Length of Service which could be perceived as discriminatory against certain age categories. The Length of Service criterion will only be used as a tie-breaker where, following the scoring of other criteria, two or more employees are scored equally. As a minimum, two line managers should undertake the selection for redundancy exercise. Each manager will be responsible for independently scoring employees in scope of redundancy using the agreed criteria and scoring matrix. Once independent assessment has been undertaken, line managers will meet to discuss and agree final selections. An independent moderator from bought in HR should be present at this meeting to oversee the process, to provide professional/technical advice and to ensure the process is fair and transparent. If there is more than one selection exercise taking place, there should be consistency in the individuals making redundancy assessments to ensure the process remains fair. It is recommended that line managers involved in the redundancy selection exercise have direct knowledge of the employee and the work they performs or has access to verified records of the employees’ performance. Individuals involved in redundancy selection exercises will need to be able to objectively justify their decisions and scores in the event of an appeal.

Scoring and weighting The weighting given to the selection criteria reflects their relative importance to the role. An employee who is declared redundant on the basis of the selection criteria has the right to be provided with the breakdown of their score and limited information about their position on the matrix relative to other employees in the selection pool. Under no circumstances should the scores of other named employees in the pool be revealed. It is important that scores are supported by accurate records and line managers are required to provide documentary evidence for this purpose. The matrix should be used in conjunction with the Redundancy Policy and staff job descriptions.

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In assessing against the selection criteria, higher positive scores reflect better achievement against the criteria. Negative scores are given to deduct points for undesirable performance against the criteria. Therefore, the employees selected for redundancy will be those with the lowest cumulative scores.

Performance scoring Score Definition

5 Meets and exceeds performance targets and job description criteria

4 Meets performance targets most of the time and job description criteria

3 Meets performance targets some of the time (i.e. meets half or more of performance targets) and job description criteria

2 Fails to meet performance targets some of the time (i.e. meets fewer than half of performance targets) and job description criteria

0 Fails to meet performance targets most of the time and job description criteria

Knowledge Assessment of knowledge should be based on that which will be required for continuing school and business needs. Allocation of scores should reflect the depth and breadth of knowledge which is relevant to the job. It is important that assessments about knowledge have a direct link to the job role which the individual is being assessed against and not broader organisational knowledge which, whilst valuable, has no bearing on the job role for which redundancies are being considered. Line managers using knowledge as redundancy selection criteria should make sure that they have clearly identified what knowledge areas are requirements for the job, so that fair assessments of an individual’s knowledge can be made.

Score Definition

5 Displays the full range of knowledge required for the role

4 Displays the core knowledge required of the post

3 Displays some of the required knowledge, but there are clearly identifiable gaps in knowledge required for the role

2 Displays limited knowledge in relation to the job role

0 Has insufficient knowledge to operate effectively without close supervision

Skills Assessment of skills should be based on those which will be required for continuing the school and business needs. Allocation of scores should reflect the range of skills that the individual has which are relevant to the job. It is important that assessments about skills have a direct link to the job role which the individual is being assessed against and not broader skills strengths which, whilst valuable, have no bearing on the job role for which redundancies are being considered. Line managers using skills as redundancy selection criteria should make sure that they have clearly identified the full skills set required for a job, so that fair and consistent assessments can be made.

Score Definition

5 Displays the full range of skills required for the role

4 Displays a good range of skills required for the post

3 Displays some of the required skills, but there are clearly identifiable gaps when compared to the skills set required for the role

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2 Displays few skills in relation to the job role or has had limited opportunities to display skills

0 Has insufficient skills to operate effectively without close supervision

Experience Assessment of experience should be based on that which is directly relevant to the continuing needs of the school and business. Allocation of scores should reflect the depth and breadth of experience which is relevant to the job. It is important that assessments about experience have a direct link to the job role which the individual is being assessed against and not on wider experience which, whilst valuable, has no bearing on the job role for which redundancies are being considered. Line managers using experience as redundancy selection criteria should make sure that they have clearly identified previous experience which is relevant to the job role and, where appropriate, should indicate the depth and breadth of experience required. Managers should guard against defining timeframes of experience required as this would contravene the Employment Equality (Age) Regulations (2006).

Score Definition

5 Has a broad and varied experience which is highly relevant to the role

4 Has a good range of experience, gained in relevant settings, required for the post

3 Has some good experience, but there are clearly identifiable gaps in experience

2 Has limited previous experience in relation to the job role

0 Has no previous experience of the job role

Qualifications Use of qualifications as a selection criterion should be based on the essential and desirable qualifications or equivalent listed in the person specification for the post. If there are no qualifications required for the post, then this selection criterion should not be used.

Score Definition

5 Fully qualified or equivalent as specified in the person specification

4 Part qualified and actively training towards full qualification

3 Part qualified but not actively training towards full qualification

2 Not qualified, not part-qualified but training towards qualification

0 Unqualified

Attendance Use of attendance as a selection criterion reflects up to date attendance records. Care is taken when considering absence to be sure not to include time taken off for maternity and paternity leave; maternity related sickness absence, ante-natal, parental and dependency leave; all disability related leave including impairment related sick leave; adoption leave; training; health & safety; jury service; Territorial Army or trade union membership duties. When using sickness absence as a criterion, line managers should consider both the hours lost due to sickness absence and the number of occasions over which the absence was taken. This will help to determine an individual’s absence pattern. Managers should use the table below to attain an overall score for absence. To ensure fairness, absence for all employees should be counted as a percentage of available working hours. The absence period to be considered should be the 12-month period preceding the issuing of the scoring matrix.

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To calculate the percentage absence rate: Percentage absence rate = cumulative hours of absence over 12 month period x 100 52.14 x normal weekly working hours Once scores are calculated, the total figure should be converted into a minus figure and this should be deducted from the employee’s total score. Employees who have a 100% attendance record will automatically be awarded 5 points.

Overall score – add score for occasions to score for total hour’s absence and convert to a minus figure. e.g. 1-3 occasions (1 point) + 3% absence (2 points) = 3 points in total = -3 Total score Add score A + score B Worked example An employee who is employed to work 37 hours per week has taken 2 weeks of sick leave in 12 months in one period of absence. 1 occasion scores 1 point Percentage absence rate = 74 hours x 100 = 3.8% = 2 points 52.14 x 37 Total points score is 1 + 2 = 3 points = -3 as the score to be added to the matrix An employee who is employed to work 25 hours per week has taken 3 weeks of sick leave in 12 months over 6 separate occasions. 6 occasions scores 2 points Percentage rate absence = 75 hours x 100 = 5.75% = 3 points 52.14 x 25 Total points score is 2 + 3 = 5 points = -5 as the score to be added to the matrix

Number of Occasions Score A

% absence rate Score B

1 – 3 occasions in a rolling 12 month period

1 < 2% absence in a rolling 12 month period

1

4 – 6 occasions in a rolling 12 month period

2 2 – 3.9 % absence in a rolling 12 month period

2

7 – 9 occasions in a rolling 12 month period

3 4 – 5.9 % absence in a rolling 12 month period

3

10 - 15 more occasions in a rolling 12 month period

4 6 – 7.9 % absence in a rolling 12 month period

4

More than 15 occasions in a rolling 12 month period

5 8% or more in a rolling 12 month period

5

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An employee who has a 100 % sickness absence record score 5 points and this is added to the matrix.

Disciplinary and capability To use disciplinary/capability as a selection criterion, be sure that all records are up to date and that all warnings are current. Expired warnings must not be used. Points allocated for outstanding/live warnings should be deducted from the selection matrix score, weighted as shown on the Redundancy Selection Matrix Form. In the case where an employee has more than one live warning for separate disciplinary offences, then scores will be deducted for each separate warning as set out in the table below. For example, -2 for a live oral warning and -3 for a separate live formal written warning brings the total score for the individual to -5. Employees who have both disciplinary and capability action against them, managers should deduct appropriate scores for each offence. For example, Employee A has one current formal written warning for a disciplinary offence; and is at a stage 1 capability hearing, the manager should deduct a score of -4 for capability and a score of -6 for the disciplinary offence = -10 points in total.

Score Type of warning

0 No current disciplinary/capability warning

-4 Current oral warning/Stage 1 capability

-6 Current formal written warning/Stage 2 capability

-8 Current final written warning/Stage 3 capability

-10 Current final written warning plus action short of dismissal

Cost of redundancy and pension release Those employees with the lowest cost to release should have a larger negative score. To avoid an imbalance in the scoring process, part-time staff will have their actual cost of redundancy payments and any pension costs scaled up to full-time equivalent. This will ensure comparison of like-for-like costs.

Score Total Cost of Severance (estimated redundancy pay plus capital cost of pension)

-8 Nil cost

-7 £1.00 - £10,000

-6 £10,001 – £20,000

-5 £20,001 – £30,000

-4 £30,001 - £40,000

-3 £40,001 - £50,000

-2 Employee Committee approval required – £50,001 – £70,000

-1 Employee Committee approval required – Over £70,000

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Length of service To avoid unfair discrimination, length of service must not be used as a main criterion for selection. However, length of service may be used as a tie-breaker where, following scoring of other criteria, two or more employees are scored equally. Where length of service is used, the individual with the longest service, according to start date with the school, will be deemed as the employee to be retained in employment. The individual with the shortest employment will be selected for redundancy. Employment will be classed as Ambleside Primary School employment only and not continuous service at other places of work.

Defining the criteria for redundancy selection When it has been established that there is a need to reduce the number of employees in a specific job role; and the redundancy scoring matrix is to be used, managers need to make a decision about which of the redundancy selection criteria they will use to make assessments against. Consultation with the Trade Unions over the selection criteria to be used should take place. Within some sections of school staff, it may not be appropriate or practical to make use of some of the criteria available; or it may not be possible to make fair and objective judgements against some criteria. For example, in some areas, recorded notes from annual performance appraisals may not be available for all employees, and therefore, this criterion should not be selected for use. Line managers should use their judgement to select the criteria against which they can make the fairest and objective decisions. Guidance on the selection of redundancy criteria can be gained in consultation with our HR Service.

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Redundancy Selection Matrix form

Employee name: Post Title:

Service/team

Criteria Definition Evidence Used Weighting Score Weight Score Notes

Performance X /5

Knowledge X /5

Skills X /5

Experience X /5

Qualifications X /5

Attendance X /-10 (minus)

Please note, unless the employee has 100% attendance record, this figure should be a minus number

Disciplinary/capability X Minimum weighting of 2

/-n (minus)

Please note, unless the employee has had no disciplinary/capability action against them, this figure should be a minus number

Cost of redundancy X /-8 (minus)

Length of service N/A N/A Tie breaker only

Total Score

Signed: ………………………… Post Title: …………………………….. Date: ……………………..

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Service/Team

Factor [Name] [Name] [Name] [Name] [Name] [Name] [Name]

Performance

Knowledge

Skills

Experience

Qualifications

Attendance

Disciplinary

Cost of redundancy

Length of service

Total score

Signed: ………………………………….. Post title: …………………………………….. Date: ……………….

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The performance manager conducts the same assessment of all employees and adds their overall scores into the template below

Factor [Name] [Name] [Name] [Name] [Name] [Name] [Name]

Performance

Knowledge

Skills

Experience

Qualifications

Attendance

Disciplinary

Cost of redundancy

Length of service

Total score

Signed: …………………………… Post title: …………………………. Date: ……………………

Service/Team Performance team

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Appendix 13 Frequently asked questions for line managers and employees How do I know if I’ve been fairly selected for redundancy? When selecting employees for redundancy, an employer must ensure that they use fair and objective criteria. When making redundancy selections, the line manager should make use of the school’s agreed redundancy scoring matrix. As part of the consultation process for redundancies, Trade Unions will have been involved in selecting the criteria to be used, ensuring that they are fair and consistent. As an employee, you are entitled to see the outcome of your selection, including a copy of your scoring matrix. If you feel that there have been any unfair judgements made as part of the selection process, then you are entitled to appeal against the redundancy decision, as per the Redundancy Policy. I feel capable of making the redundancy selection decisions myself, why do I need to involve another manager? It is important that all decisions made in relation to redundancy are fair, transparent and objective. Having more than one line manager involved, who makes an independent assessment of the employees in the redundancy pool will ensure that decisions made are more robust, and therefore defensible, if challenged. The redundancy panel’s decisions were clear. Why do we need a moderation meeting? The moderation meeting will give both assessing line managers the opportunity to discuss and challenge the conclusions reached in an open way. In addition, the HR Adviser, at the moderation meeting, will be able to ensure that the processes used and decisions made are robust and would stand up to external scrutiny, should they be challenged. Can I select somebody for redundancy based upon their performance? As a line manager, you are entitled to select somebody for redundancy by using performance as one of a selection of criteria, to be agreed as part of the redundancy consultation process. Performance can be used as a selection criterion, only if objectives/targets and performance assessments are available for all employees within the redundancy pool. Is it true that you can’t select people for redundancy based upon their length of service? Using length of service, or ‘last in first out’ methods for redundancy selection can leave the line manager open to claims of unfair discrimination on the grounds of age or gender; and therefore, these methods alone cannot be used as selection for redundancy. Length of service should only be used in a tie-break situation, where two or more employees are tied on points, as a final decision-making tool. What should I do if I think the redundancy selection criteria used were unfair? Adequate consultation should take place over the redundancy selection criteria before they are used. However, if you feel that the selection methods used were unfair, you can appeal against the outcomes of the redundancy selection process, as per the Redundancy Policy

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I’ve been told that I am at risk of redundancy following a redundancy selection exercise, what happens now? If your post has been identified as being made redundant following a redundancy selection exercise, you will receive written notification from the school. You are entitled to appeal against this decision. Once any appeal processes are concluded, you will receive a final written notification of dismissal on the grounds of redundancy. This letter will outline to you your period of notice, any redundancy payments applicable and will give details of the redeployment process and the support available to you through the school. If no other suitable alternative employment becomes available during your notice period, a final dismissal on the grounds of redundancy letter will be issued and your employment will be terminated.

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