Dismissal on the grounds of redundancy
Last updated: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.