1.1 This document sets out the Council’s Redundancy Policy and Procedure for schools.  The Policy aims to ensure that redundancies are managed professionally and minimise the anxiety experienced by the individuals affected by the proposed changes. 

1.2 A fair, consistent, objective, and transparent approach will be adopted throughout. This must include appropriate consultation and engagement with employees who are affected by the proposed changes and representative(s) from the recognised Trade Union(s). Consultation will commence at the earliest reasonable opportunity and aims to avoid, reduce or mitigate the impact of redundancy.

2.1 Once adopted by the Governing Body, this Redundancy Policy and Procedure applies to all school-based employees within Maintained Schools.  

2.2 Where an employee has transferred into the school and has enhanced terms that are subject to TUPE then the enhanced terms will continue to apply. 

2.3 This policy will not apply to schools where the council is not the legal employer of their staff e.g. Academies, Voluntary-aided schools and Foundation and Trust schools.  However, the Governing Board may choose independently to adopt this policy with appropriate amendments.

3.1 Governors and Headteachers have joint responsibilities within this procedure to:

1. Ensure the Redundancy Policy is followed correctly, seeking advice from the Human Resources Consultancy & Advisory Team or the school’s Human Resources provider at the earliest opportunity;
2. Minimise redundancies wherever possible;
3. Ensure the redundancy process is applied consistently, the redundancy selection criteria is fair, objectively justified, non-discriminatory and employees selected for redundancy have the opportunity to appeal the decision;
4. Carry out an Equality Impact Assessment to discharge their Public Sector Equality Duty in the event of any redundancies and ensure that the redundancy process is monitored and controlled to comply with this. (See Toolkit for further details)
5. Adhere to the timescales detailed within the policy (see Toolkit Appendix 1);
6. Consult with the relevant Trade Unions and Associations when redundancy is a possibility as well as informing employees; and
7. Wherever possible offer a suitable alternative role for any employee who is to be made redundant.

In addition, both the Governing Body and Headteacher have specific roles and responsibilities under this policy:

the Governing Body:

• will formally agree to invoke the redundancy procedure based on information about relevant staffing, financial and regulatory information.
• Ensure appropriate committees have been established to make redundancy decisions, hear representations and formal appeals from staff facing dismissal (see Toolkit)

 

The Headteacher:

• will act on behalf of the Governing Body (and its committees) and will lead on most of the actions.

• will ensure that relevant information and formal letters are provided to appropriate parties throughout the process.

4.1 The decision to dismiss by reason of redundancy is the decision of the school’s Governing Body.

4.2 The Governing Body and the Local Authority and, in the case of a Voluntary Aided school, the Diocese seek to ensure, as far as possible, security of employment for employees by careful forward planning. However, it is recognised that from time to time the needs of the school may lead to reduced staffing requirements. The Governing Body, in conjunction with the Local Authority (or an equivalent representative, normally a member of the Human Resources department) and, in the case of a Voluntary Aided school, the Diocese (hereafter referred to as external representatives), in consultation with the relevant Trade Union/Associations, will seek to avoid redundancy by exploring the measures detailed at paragraph 6.1.

4.3  The Headteacher is strongly advised to seek advice at the earliest opportunity and thereafter.  This advice is available from the school’s Human Resources provider and Trade Unions.  In any event, the Governing Body must notify the Local Authority and, in the case of a Voluntary Aided school, the Diocese about the possibility of a staffing reduction. 

4.4 Consultation between the Governing Body/Local Authority and the relevant Trade Unions/Associations must be meaningful and within the statutory timescales (see para 11.3).

4.5 The Policy and Procedure contained within this document is founded on the following principle of not to discriminate against any individual in the application of this policy and procedure on the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, maternity and pregnancy, race, religion or belief, sex, sexual orientation, or other grounds protected in law (e.g. part-time worker status, trade union membership or HIV positive status).

5.1 According to the law, a redundancy situation arises in the following instances:

• the fact that the employer has ceased or intends to cease -
  
  

(a)         to carry on the business for the purposes of which the employee was employed; or

(b)         to carry on that business in the place where the employee was so employed; or

• the fact that the requirements of that business -
  
  
• for employees to carry out work of a particular kind; or
• for employees to carry out work of a particular kind in the place where the employee was employed by the employer,
• have ceased or diminished or are expected to cease or diminish. This may include the non-renewal of a temporary contract.

 

 A job change resulting from reorganisation, restructuring or a change of duties will only be a redundancy if the above criteria for redundancy are met.

6.1 Compulsory redundancy will always be a last resort and every effort will be made to find alternatives to making employees redundant. The Governing Body will, as part of the planning process, seek to avoid or minimise any compulsory redundancies by considering the following:

1. Achieving staffing reductions through natural turnover and employee resignations
2. Restricting the recruitment of permanent staff
3. Reducing the use of temporary staff without infringing employment rights (Refer to Fixed Term Guidelines on the Schoolsweb)
4. Reduction in hours - where agreed with the employee or allowed for in the contract of employment
5. Filling vacancies from among existing employees (offering suitable alternative work within the school)
6. Job share
7. Invite applicants for premature retirement
8. Invite voluntary redundancies
9. Seek suitable alternative employment for those issued with formal notice of compulsory redundancy, through the Employee Transfer Register

7.1 Consistent with the approach to avoiding compulsory redundancies, the Headteacher may invite volunteers for redundancy. Irrespective of whether volunteers for redundancy are being sought, employees may apply to be considered for voluntary redundancy. An employee’s expression of interest in applying for voluntary redundancy will not imply any commitment on the part of the school or  employee concerned. 

7.2  Applications for voluntary redundancy should be made in writing and addressed to the Headteacher. These will be considered by the Redundancy Committee and decisions will be based on the operational needs of the school. The school has the right to retain any employee on the grounds of specialist knowledge, training and qualifications to preserve organisational balance and therefore has the right to refuse or to accept any volunteers for redundancy. 

7.3  Employees applying for Voluntary redundancy will receive a letter confirming the Redundancy Committees decision.

8.1  If the situation is not resolved then the selection of employees for compulsory redundancy will be carried out using fair, objective, and non-discriminatory criteria. Compulsory redundancies should only take place once all reasonable measures to avoid compulsory redundancies have been explored.

8.2 Employees will be able to apply for any alternative suitable vacancies within the school

8.3 If an employee is selected for compulsory redundancy, and if no suitable alternative positions exist within the school, they will be eligible to be placed on the authority’s Employee Transfer Register (see para 16).

9.1 The Council acknowledges that redundancy processes can be unsettling and can cause employees increased levels of anxiety.

9.2 There are several places where employees can access advice and support as follows:

• The headteacher/Line Managers will provide information, advice and help within the resources available.
• Trade Union Representatives – where an employee is a member of a trade union, their union representative can provide support and advice.
• Employee Assistance Programme (EAP) – the EAP provide on-line or telephone advice and support 24/7, free of charge. This service is confidential. Occupational Health – can provide services such as counselling. A referral will be needed, but prior permission must be sought from the Headteacher before counselling is undertaken as the school will be required to fund this.

10.1 The school will need to follow the Local Authority’s financial regulations in respect of redundancy costs and severance payments in schools. Costs are generally charged to the school’s budget although they may be able to apply to the Council for some contingency funding.

10.2 An employee who is dismissed by reason of redundancy will be entitled to a redundancy payment providing they have at least two years’ continuous service with the Authority or related employers in line with the Modification Order 1999 (see below). Where an employee unreasonably refuses an offer of suitable alternative employment, no redundancy payment is payable.

10.3 Redundancy pay is calculated based on actual salaries not the statutory redundancy pay cap, as permitted by the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997). Appendix 4 of the Toolkit explains this further.

10.4 Under the Redundancy Payments (Continuity of Employment in Local Government) Modification Order 1999, continuous employment with more than one local authority or other specified employer, is counted as continuous service with one employer, both for the calculation of a redundancy payment and in the disqualification from payment in certain circumstances where an offer of further employment is accepted.

Consequently, a redundancy payment will not apply where the employee, still in employment with the Local Authority, receives an offer of employment, with another local authority or other specified body, commencing within four weeks after the end of the current contract of employment. In cases where the current contract ends on a Friday, Saturday or Sunday, the redundancy payment will not apply where employment commences on or before the fifth Monday following the end of the current contract. Where an offer of employment with another local authority or other specified body is made after the employee has left before the fifth Monday after their contract has ended with The Buckinghamshire Council the employee would still be entitled to a redundancy payment.

10.5 For any employee who has transferred to a school because of TUPE, their existing T&Cs in relation to redundancy payments will apply.

11.1 The object of the consultation process is to discuss with a view to reaching an agreement with employees/relevant Trade Unions/Associations on how the redundancy process will be carried out. Any written proposals made by the relevant Trade Union/Associations or affected employees will be considered by the Redundancy Committee and a written response will be given.

11.2 All employees, including those absent from the school, e.g.  on maternity or adoption leave or long-term sickness must be consulted and kept informed about the redundancy situation.  It is automatically an unfair dismissal to select an employee for redundancy on the grounds of taking maternity or adoption leave.  Enhanced rights in any reorganisation and redundancy situation apply to pregnant employees from the point they inform their manager that they are pregnant on or after 6^th April 2024; and for employees returning from maternity leave, adoption leave or shared parental leave of at least six weeks on or after 6^th April 2024, until 18 months after the expected week of childbirth, date of the child's birth, or date of the adoption placement.   During the protected period, employees have the right to be offered suitable alternative employment in a redundancy situation. The employee will not need to be part of a selection exercise.

 

Failure to comply with this requirement will result in a finding of automatic unfair dismissal at an employment tribunal.

 

11.3 The timetable for consultation is as follows:

The number of employees to be dismissed through reasons of redundancy within a 90 day period.

Number of employees dismissed by redundancy	Minimum consultation period before redundancy takes effect
20-99	5 weeks (35 calendar days) unless agreed by employees to be reduced
100+	45 calendar days

 

11.4 There is no statutory set period for consultation laid down where redundancies involve fewer than 20 employees. In these circumstances a 35 calendar day consultation will apply unless agreed otherwise with all parties.

11.5  At the start of any collective consultation, the employer will provide the specific information under Section 188 (4) of the Trade Union and Labour Relations (Consolidation) Act 1992. (See the Toolkit for details of what is required in this letter.) 

11.6 At the same time as the written notification is issued to the relevant Trade Unions, the Line Manager will inform employees of the situation and the date of the first group consultation meeting. Those invited to the consultation meeting should include all employees likely to be affected and the relevant Trade Unions/Association representative(s). A member of the Human Resources team should be consulted for advice prior to the meeting and invited to attend. There may be a need to hold more than one group consultation meeting for employees on different conditions of service, working patterns or at different locations.

11.7  The consultation process will include:

1. Strategies to try to avoid redundancy
2. Dates of any subsequent consultation meetings
3. The reasons for the proposed staffing reduction
4. Full budgetary information where the reason for the proposed staffing reduction is financial
5. The numbers and descriptions of employees whom it is proposed to dismiss as redundant
6. The total number of any such description employed by the school
7. The proposed procedure to be used
8. The proposed selection criteria for identifying the post(s) to be declared redundant (The Toolkit provides separate models for this for teachers and support staff)
9. The proposed selection criteria if there are too many volunteers for redundancy (See paragraph 12)
10. The timescale

11.8  Individuals identified as being ‘at risk’ of redundancy will be notified at the start of the consultation of their position. This will of course be subject to consultation and it is recognised that this situation may change.

11.9  Where it is decided by the headteacher that more time is needed to consult on any proposals, the consultation may be extended by a reasonable period. The revised timeline for consultation should be clearly communicated to all affected employees and the trade unions/Associations, with the end date clearly communicated.

11.10 At the end of the consultation period, the headteacher will arrange to meet and/or confirm, in writing, the outcome of the consultation to all affected employees and trade unions/Associations.

11.11 Outcomes may include:

• To implement the proposal(s) in line with the consultation
• To implement the proposal(s) with variation(s), arising from the consultation
• To withdraw the proposal(s)
• To significantly vary the proposal(s) which may necessitate a further period of consultation.

12.1 At the end of the consultation process, it is the responsibility of the Redundancy Committee to select employees out of the relevant selection pools for redundancy using criteria that is fair and objective and takes into consideration the Public Sector Equality Duty. Please refer to the Redundancy Criteria Matrix in the Redundancy Toolkit for further information on selection for redundancy.

12.2 An employee on secondment to a school that is being reorganised will have the choice of either returning to their substantive post or being considered for a post in the new structure, if this is not to the detriment of any substantive job holder. Where there is competition for posts in the new structure, priority will be given to permanent employees within the area being reorganised. A seconded employee who secures a job in the new structure waives their right to return to their substantive post. It is important that the manager keeps in touch with the manager of the seconded employee’s substantive post if there is any likelihood that the secondment may end early.

12.3 Once the Redundancy Committee has provisionally identified the post(s) to be declared redundant the Head Teacher/Line Manager will individually notify the post holder(s) in writing of the grounds on which the dismissal is being contemplated. The letter will give the employee(s) the Right of Representation against this decision.

13.1 An employee who has been notified that they are to be made redundant has a Right of Representation to the Redundancy Committee. This can be either in writing or in person. They have five working days to give written notice to the Headteacher of their intention to make representations to the Redundancy Committee (see Toolkit for further guidance).

14.1  Where it has been decided that there will be a redundancy, HR advice should be sought from your HR provider.

14.2  For Local Authority Schools, the Chair of Governors must immediately notify the Authority (Head of Achievement and Learning and HR) in writing of the Governing Body’s decision that the employee’s role is redundant.  HR will issue a formal notice of dismissal to the employee within 5 working days, giving five working days for the employee to give written notice to the Headteacher of their wish to appeal.  In the case of a dismissal at a Voluntary Aided or Foundation school, it is the responsibility of the Governing Body to issue the formal written notice of dismissal.

14.3  The employee will receive the period of notice on full pay to which their contract of employment entitles them, or the statutory minimum notice equating to one week for each completed year of service with the Council up to a maximum of 12 weeks, whichever is the greater.  An employee with less than 2 years’ continuous service with the local Authority and related employers is not entitled to a redundancy payment; however, they are entitled to such paid notice in accordance with the Employments Rights Act 1996/contract of employment.

14.4  Employees issued with redundancy notices may ask to be allowed to leave their job early before expiration of their notice period.  Alternatively, staff may issue the employer with a written counter-notice.  This will not invalidate the right to a redundancy payment except where   the employer successfully contests the application.  Employees will still be deemed to be made redundant, but on the date of expiry of the employee’s notice and not of the original notice from the employer.

14.5  Teachers will be required to work until the end of term in line with their contract therefore their appropriate redundancy notice will be given accordingly (See the toolkit for further details of notice periods).

14.6  Where it is not possible to serve notice sufficiently early to fulfil the contractual or statutory notice     requirement, a payment in lieu of notice may be considered and the employee will not be required to attend for work during the period. 

15.1      An individual given formal notice of redundancy may appeal the decision, (see Toolkit)

15.2      The appeal decision will be final.

16.1 Every reasonable effort must be made to assist the person at risk of redundancy to find suitable alternative employment. 

16.2 Where suitable alternative work is available within the school it should be offered.  If suitable alternative work in terms of pay, grade, job content, status and place of work is made and the employee unreasonably refuses it there will be no liability to make a redundancy payment.

16.3 With the agreement of all concerned, an employee can be offered a “bumped” redundancy if their Head Teacher agrees to accept another employee on redeployment from a different department, who would otherwise be redundant.

16.4 The Council operates an Employee Transfer Register and those issued with formal notice of compulsory redundancy within Maintained Schools may choose to be added to this register and obtain a guaranteed interview where they meet the essential criteria for suitable vacancies within Buckinghamshire Council Services only (see Toolkit).

16.5 Where a new post secured from the Employee Transfer Register is significantly different there is an entitlement to a four-week trial period and if this should prove unsuccessful the original redundancy payment entitlements would still apply.

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

16.7 Employees who are under notice of redundancy and have completed two years continuous service or more, will be entitled to reasonable paid time off to look for alternative employment e.g., to prepare CVs and job applications, to attend interviews, and visit job centres/recruitment agencies. This will need to be agreed with the Head Teacher/line manager to ensure work commitments can be met. This should not exceed two fifths of their contractual weekly hours of work/a weeks pay in total.

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