NAHT(NI) Managing Redundancy Procedure 1 st February 2012

Leaving the Job? Resigning Resigning –New job –New career Retiring Retiring –Statutory/age retirement –Ill health retirement –Efficient discharge of the employers function

Dismissal Six fair reasons for dismissal: Six fair reasons for dismissal: –Conduct –Capability –Illness –Statutory Restriction –Redundancy –SOSR Unfair dismissal Unfair dismissal

What is redundancy? Employment Rights (Northern Ireland) Order 1996 (ERO) 174. — (1) For the purposes of this Order an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is wholly or mainly attributable to— (a) the fact that his employer has ceased or intends to cease— (i) to carry on the business for the purposes of which the employee was employed by him, or (ii) to carry on that business in the place where the employee was so employed, or (b) the fact that the requirements of that business— (i) for employees to carry out work of a particular kind, or (ii) 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.

What is redundancy? In schools, the reason for reducing the workforce include: In schools, the reason for reducing the workforce include: –new technology or a new system has made the job unnecessary –the job the individual was hired for no longer exists –the need to cut costs means staff numbers must be reduced –Rationalisation (Amalgamation/Closure)

Implementing the Process The process used must be; The process used must be; –Open –Transparent –Fair –Objective Evidence based and clearly documented Evidence based and clearly documented Consultation throughout the process Consultation throughout the process

Stage 1 Full Board of Governors’ Meeting (December – February)

Training and Support for Governors What procedure will be used What procedure will be used –Teachers (TNC2010/1) –Other staff (GCC 7) Employers Guidance Employers Guidance Have Governors been given a copy of all of the documentation and do they understand how the process will operate? Have Governors been given a copy of all of the documentation and do they understand how the process will operate? Who will be involved / excluded from the process? Who will be involved / excluded from the process? What and when will information be collected and collated? What and when will information be collected and collated? How will decisions be recorded? How will decisions be recorded?

Is a Redundancy Necessary? The Board of Governors must determine “in principle” and in advance of entering the process The Board of Governors must determine “in principle” and in advance of entering the process –if a redundancy is necessary. –the basis on which it is necessary Finance Finance Closure / Amalgamation Closure / Amalgamation ****Curriculum **** ****Curriculum ****

Curriculum Redundancies Remains a legitimate and fair basis for a redundancy However: Remains a legitimate and fair basis for a redundancy However: –Severance package is to reduce staffing costs in the school. –You will be asked to confirm that there has been a reduction in full-time equivalent staff numbers as a result of this exercise.

Evidence To Be Considered School Budget School Budget Board of Governors / Finance Committee Minutes Board of Governors / Finance Committee Minutes Staffing Structure Staffing Structure School Development Plan School Development Plan Staff Timetable Staff Timetable Pupil Intake Pupil Intake Predicted Intake Predicted Intake Pupils Options Pupils Options Board/Employer Advice Board/Employer Advice

Setting up the Committees Committee responsible for selecting staff for redundancy Committee responsible for selecting staff for redundancy Appeals committee Appeals committee It is essential that the terms of reference for each committee are clarified and clear It is essential that the terms of reference for each committee are clarified and clear Teacher governor (s) play no further part in the process Teacher governor (s) play no further part in the process

Could Redundancy be Avoided? Options which will be considered to avoid a redundancy should also be recorded; Options which will be considered to avoid a redundancy should also be recorded; –Reduced spending –Job share –Career break –Phased retirement –Maternity leave –Secondment –Resignation (natural wastage) –Part-time working

Constructing and Maintaining a Calendar of Events Meetings Meetings –BoG (5 days notice) –Teachers –Unions Communications sent Communications sent Communications received Communications received Voluntary redundancies with the employer by 17 th February Voluntary redundancies with the employer by 17 th February The process must be completed by “23 April 2012”. The process must be completed by “23 April 2012”.

2012 Severance Package * Reduce Staffing Costs *

Redundancy 2011/12 Scramble for packages! Scramble for packages! 1 st Deadline for Voluntary Redundancy 17 th February st Deadline for Voluntary Redundancy 17 th February 2012 Deadline for notification of interest re Transferred Redundancy 17 th February 2012 Deadline for notification of interest re Transferred Redundancy 17 th February 2012 COMPULSORY REDUNDANCIES MUST FOLLOW NORMAL PROCEDURE COMPULSORY REDUNDANCIES MUST FOLLOW NORMAL PROCEDURE

Where a Teacher Redundancy can not be avoided Voluntary Redundancy Voluntary Redundancy –Up to 90 weeks compensation –£30K tax free –Access to pension from age 60 –Access to an actuarial reduced pension prior to age 60

Where there is no redundancy in a school Transferred Redundancy Transferred Redundancy –Indication of interest –Must be approved by the BoG –Will only proceed where the school is able to select from trawl a suitable replacement –Staff in all sectors my indicate an interest – no sector is excluded from the process. –17 th February 2010

Voluntary / Transferred Redundancy of Auxiliary /Ancillary Staff 1 month salary for each completed year of continuous service up to a maximum of 24 months 1 month salary for each completed year of continuous service up to a maximum of 24 monthsAND Early release of unreduced pension (if eligible for pension release (min of 55 years of age) Early release of unreduced pension (if eligible for pension release (min of 55 years of age)

Information to be forwarded to the employer by 17 th February (Teachers) No. of anticipated redundant teaching posts in your school at 31 st August 2012 No. of anticipated redundant teaching posts in your school at 31 st August 2012 Names of teachers volunteering for redundancy in your school Names of teachers volunteering for redundancy in your school Names of teachers in your school volunteering for a transferred redundancy Names of teachers in your school volunteering for a transferred redundancy

Information to be forwarded to the employer by 17 th February (Auxiliary / Ancillary Staff) No. of anticipated redundant posts in your school at 31 st August 2012 No. of anticipated redundant posts in your school at 31 st August 2012 Names of staff volunteering for redundancy in your school Names of staff volunteering for redundancy in your school Names of staff in your school volunteering for a transferred redundancy Names of staff in your school volunteering for a transferred redundancy

Notifying Staff and Unions Notify school representatives Notify school representatives Notify all staff / staff likely to be affected by the redundancy Notify all staff / staff likely to be affected by the redundancy –Verbally and in writing Notify teachers unions in writing of Notify teachers unions in writing of –Number of pupils/staff in school –The need for a redundancy –The basis on which this was determined –The measures which will be taken / considered to avoid the redundancy –The pool at risk –The criteria which will be used for selection

Requests for Further Information Unions will frequently request further / additional information, where it is possible to provide this it should be forwarded as soon as possible. However, care must be taken to ensure that in providing this information you do not breach another individual’s right to privacy. Unions will frequently request further / additional information, where it is possible to provide this it should be forwarded as soon as possible. However, care must be taken to ensure that in providing this information you do not breach another individual’s right to privacy. Beware of Freedom of Information requests. Do not ignore these letters. Beware of Freedom of Information requests. Do not ignore these letters. RETAIN ALL DOCUMENTATION AND NOTES RETAIN ALL DOCUMENTATION AND NOTES

Stage 1 Full Board of Governors’ Meeting (December – February)

Where a Teacher Redundancy can not be avoided Compulsory Redundancy Compulsory Redundancy –Up to 90 weeks compensation –£30K tax free –Access to pension from age 60 –Access to an actuarial reduced pension prior to age 60

Teachers eligible? VPs eligible in VPs eligible in –SEELB –SELB –WELB

Stage 1b Committee Responsible for selecting staff for redundancy (Full Board of Governors excluding the Appeals Committee and Teacher Governors?)

The Selection Process The selection process must be evidence based and clearly documented. The selection process must be evidence based and clearly documented. Redundancy should not be used as a means of getting rid of a person who is not liked or is unsatisfactory – the hidden agenda. Redundancy should not be used as a means of getting rid of a person who is not liked or is unsatisfactory – the hidden agenda. The first stage in the process is to identify:- The first stage in the process is to identify:- –the pool from which the individual will be selected and –the criteria which will be used to select the individual.

The Selection Pool Based on the needs of the school Based on the needs of the school Will be unique to the school Will be unique to the school May operate differently in different sectors (Nursery/Primary and Secondary). May operate differently in different sectors (Nursery/Primary and Secondary). It should not be assumed that only teachers will be considered for redundancy (different procedure and terms re Auxiliary / Ancillary staff) It should not be assumed that only teachers will be considered for redundancy (different procedure and terms re Auxiliary / Ancillary staff)

The Needs of the School Evidence to consider: Evidence to consider: –Ethos and culture –School development plan –Inspection report –Staffing structure –Curriculum audit –Board of Governor minutes

Identifying, Agreeing and Implementing Criteria Statutory requirement for curriculum delivery and teachers contribution to the curriculum. Statutory requirement for curriculum delivery and teachers contribution to the curriculum. Specialist roles undertaken in school which cannot be easily replaced Specialist roles undertaken in school which cannot be easily replaced Total teaching experience in current school Total teaching experience in current school

Criteria for Selection and Compulsory Redundancy 3.4 It is important that the use of and reliance on such criteria must be objectively justifiable and sustainable in relation to the financial or curricular deficits identified by the appropriate audit process. Criteria must take account of equality issues, such as:- 3.4 It is important that the use of and reliance on such criteria must be objectively justifiable and sustainable in relation to the financial or curricular deficits identified by the appropriate audit process. Criteria must take account of equality issues, such as:-

Equal Opportunities Policy TNC 2009/2 GenderPolitical Opinion GenderPolitical Opinion MaritalCivil partnerships MaritalCivil partnerships Racial groupsGender reassignment Racial groupsGender reassignment Family statusAge Family statusAge PregnancyDisability PregnancyDisability Maternity leaveT U membership Maternity leaveT U membership Sexual orientationT U non membership Sexual orientationT U non membership DisabilityCriminal record DisabilityCriminal record Part time workers Part time workers

Consultation with Unions Unions should be offered an opportunity to comment on the criteria Unions should be offered an opportunity to comment on the criteria Opportunity to comment should be time bound and unions made aware of the time frame. Opportunity to comment should be time bound and unions made aware of the time frame. Careful consideration given to all union representations. Careful consideration given to all union representations. Detailed notes made and retained Detailed notes made and retained

Stage 2 The Selection Committee

Consulting with Unions Consider and record in minutes teacher union representations. Consider and record in minutes teacher union representations. Respond in writing to all communications and file and retain copies of everything. Respond in writing to all communications and file and retain copies of everything.

Communicating with staff Review staff situation / circumstances Review staff situation / circumstances Consider requests for voluntary redundancy Consider requests for voluntary redundancy Consider compulsory redundancy Consider compulsory redundancy –Make selection –Inform teacher of outcome of process –Advise him/her of the next step in the process and of their right to appeal

Teacher Redundancy Trawl The purpose of the Trawl is to minimise the possibility of compulsory redundancy The purpose of the Trawl is to minimise the possibility of compulsory redundancy Bounced redundancies Bounced redundancies The needs of the teachers concerned The needs of the teachers concerned The needs of the school The needs of the school

Stage 3 Appeals Committee

Members of the Appeals Committee must not have been involved in the original decision to nominate the teacher for redundancy Members of the Appeals Committee must not have been involved in the original decision to nominate the teacher for redundancy

The Role of the Appeals Panel To determine if the process was fair To determine if the process was fair To determine if the process was properly carried out To determine if the process was properly carried out Listen to and consider the teachers representation against his/her selection for redundancy Listen to and consider the teachers representation against his/her selection for redundancy Make representation to the full Board of Governors Make representation to the full Board of Governors

Role of the Appeals Committee Record Record –What they did –How they did it –The teachers representation –What they found –Their recommendation to the full Board of Governors

The Rights of the Teacher To be accompanied to the hearing To be accompanied to the hearing To state his /her case To state his /her case To have case listened to and seriously considered by the appeals panel To have case listened to and seriously considered by the appeals panel

Recommendation of the Appeals Committee The recommendation will be to The recommendation will be to –Proceed to implement the redundancy or –Set aside the redundancy

Stage 4 Full Board of Governors’ Meeting

The Full Board of Governors Hear the recommendations of the appeals panel Hear the recommendations of the appeals panel If a vote is required it will be carried out in accordance with the Scheme of Management If a vote is required it will be carried out in accordance with the Scheme of Management Record the recommendations of the Appeals Committee in the minutes of the meeting together with the determination of the full Board of Governors Record the recommendations of the Appeals Committee in the minutes of the meeting together with the determination of the full Board of Governors

Following Full Board of Governor Meeting: If the appeal is rejected; If the appeal is rejected; –Advise teacher and union in writing of decision and right to an independent appeal If the appeal is upheld; If the appeal is upheld; –Advise teacher and union in writing –Recommence process at stage 2

Stage 5 Independent Appeal (LRA)

Independent Appeals Hearing The teacher does have the right to have his/her case heard by an Independent Appeals Panel. The teacher does have the right to have his/her case heard by an Independent Appeals Panel. –To review the determination of the Board of Governors Have the agreed principles and procedures been properly followed? Have the agreed principles and procedures been properly followed? Did the BoG act reasonably in selecting the appellant for redundancy? Did the BoG act reasonably in selecting the appellant for redundancy?

The Process Within 5 working days of receiving notification the teacher or union representative will: Within 5 working days of receiving notification the teacher or union representative will: –Lodge a formal notice of appeal to the Secretary of Arbitration (LRA) –Inform the School –Appeal heard within 20 working days –Decision of panel will be communicated to the employer who in turn will notify the school.

The Decision of the Independent Appeal Panel Where the Independent Appeal Panel Where the Independent Appeal Panel –upholds the appeal (finds in favour of the teacher) it will be necessary to restart the process commencing at Stage 2 –rejects the appeal the Board of Governors must issue the Area Board with formal instructions to dismiss by completing RED1 (redundancy notification)

*** Health Warning *** A redundancy may be withdrawn at any stage right up to 31 st August. A redundancy may be withdrawn at any stage right up to 31 st August.