Redundancy Policy Support - Newtown High School

YSGOL UWCHRADD Y DRENEWYDDNEWTOWN HIGH SCHOOL2012/13CYNGOR SIR POWYS COUNTY COUNCILRedundancy PolicyFor School Support StaffCYFLEStatus Version 1Date of Issue Nov 2006Agreed by Policy Development Group: Nov 2006Personnel Committee: Nov 2006Review Date Nov 2008Caring Yields a Flourishing Learning Environment

Cyngor Sir Powys County CouncilRedundancy PolicyContentsPage1. Introduction 32. Definition of Redundancy 33. Procedure 34. Consultation 35. Consultation Periods 56. Selection Criteria 57. Applying the Criteria 68. Redeployment 79. Notice Periods 710. Misconduct During Notice 711. Assisting Employees 812. Redundancy Payments 813. Appeals 9AppendicesAppendix 1 Redundancy Selection AssessmentAppendix 2 Redundancy Procedure ChecklistAppendix 3 Example Letter - Invitation to a consultation meetingAppendix 4 Example Letter - Confirming items discussed at consultation meetingAppendix 5 Example Letter - Requesting attendance at dismissal meetingAppendix 6 Example Letter - Confirming dismissal due to redundancy

Cyngor Sir Powys County CouncilRedundancy Policy1. Introduction1.1 It is the policy of the Council to ensure as far as possible, security of employment for itsemployees. It should however, be recognised that there may be changes in economicconditions, organisational requirements and technological developments which might affectstaffing needs. The Council, in consultation with recognised Trade Unions seeks tominimise the effect of redundancies including the provision of sufficient time and effort forfinding alternative employment for displaced staff.1.2 This policy should be used in conjunction with the Redeployment policy for support staffand the Management of Change policy.2. Definition of Redundancy2.1 Under the Employment Rights Act 1996, redundancy arises when employees are dismissedin the following circumstances:where the employer has ceased, or intends to cease, to carry on the business for thepurpose for which the employee was employed; orwhere the employer has ceased, or intends to cease, to carry on the business in theplace where the employee was employed; orwhere the requirements of the business for employees to carry out work of a particularkind have ceased or diminished or are expected to cease or diminish; orWhere the requirements of the business for employees to carry out work of a particularkind, in the place where they were so employed, have ceased or diminished orexpected to cease or diminish.Redundancy may also arise where the school or Council no longer has the resources tomaintain employees to carry out work of a certain kind.3. Procedure3.1 Any restructuring will, in the first instance, be reported to the relevant service committeeand, subject to agreement in principle, will be presented to the Board to gain approval tocommence consultation.4. Consultation4.1 Consultation should precede any decision to terminate employment on the grounds ofredundancy. Consultation must take place between the school, Trade Unions andemployees. Human Resources will arrange and lead an initial consultative meetingbetween school management and representatives from the relevant full time Trade Unions.The meeting will be arranged at a mutually convenient time.4.2 Human Resources will provide written details to Trade Unions representing support staffwithin the school outlining matters for discussion and will include the following information:the reason for the redundancy;the number and categories of employees who are expected to be affected;the total numbers in each category of employees employed at the establishmentconcerned;confirmation of discussions on appropriate selection criteria with Trade Unions;

The proposed method of carrying out the redundancies, with due regard to the periodover which the redundancies are to take effect;Suggestions on selection criteria;The formula for calculating severance payments.4.3 A consultation meeting will be arranged by Human Resources with union representativesand the purpose of this meeting is:to discuss reasons for potential redundancies;to consider ways of avoiding redundancies;where appropriate, to disclose all relevant information;to discuss and agree the selection criteria should it remain necessary to makeredundancies after the consultation period;to discuss the timetable.4.4 Detailed notes should be taken of this meeting and confirmation of the outcomes placed inwriting to the relevant Trade Unions.4.5 Consultation will commence with employees and all relevant trade unions at the earliestpossible opportunity.4.6 Immediately after commencing consultation with Trade Unions, employees must beconsulted and the headteacher should arrange these meetings either individually or ingroups. From a group meeting employees should be advised that they can have individualconsultation. Employees should be advised that they have the right to be represented by aTrade Union official at any consultative meeting.4.7 An HR Advisor should be present at all the consultation meetings. Written notes of thesemeetings should be made.4.8 At consultation meetings, employee(s) should be advised of the following:reasons for the redundancies;that this is a formal consultation period in which the employee has an opportunity tooffer comments/thoughts/ideas etc. on ways of avoiding redundancies;the criteria to be used to select staff for redundancy. Employees should also be giventhe opportunity to raise any questions they have on any aspect of the consultation orthe reasons and process for the redundancies;the ways in which the school and the Council will be trying to avoid redundancies suchas redeployment/other measures;that there will be a right of appeal if selected for redundancy;that they may arrange further meetings as necessary to ensure that all relevantavenues are explored.4.9 Following these meetings, written confirmation will be given to each employee confirmingthe points discussed and advising them of the date that the consultation period finishes.

5. Consultation periods5.1 Consultation will commence at least 30 or 90 days before the first dismissal takes place asfollows: At least 30 days before where the employer is proposing to dismiss less than 100 At least 90 days before where the employer is proposing to dismiss 100 or more at oneestablishment In any event, at the earliest opportunity once any redundancies are contemplated.5.2 The consultation period will commence with the initial meeting, and should be confirmed inwriting, between school management and Trade Unions following the Council’s Boardapproval of the proposals.5.3 The outcome and progress of the consultation process should be reported back to theEmployment Committee. The Governing Body will also be informed for information only.5.4 Measures to avoid compulsory redundancies will include:seeking volunteers;voluntary reduction in hours, including cessation of overtime working;job sharing;natural wastage;making details available of any early retirement or voluntary redundancy package thatmay be available;early restriction on recruitment and non-replacement of posts;redeployment within other schools or the Councilre-training of employees to meet requirements of vacant posts internally.Further guidance on redeployment may be found in the Redeployment Policy.6. Selection Criteria6.1 When deciding which employees should be considered for selection for redundancy, theschool must first establish the "pool" from which the selection is to be made taking intoconsideration factors such as whether:other employees are effectively doing the same job as those initially selected;all appropriate locations have been taken into consideration.6.2 Once the pool has been established, the school must apply the Redundancy SelectionCriteria as detailed in Appendix 1.6.3 The criteria will be provided to all appropriate support staff. The selection criteria will bebased on the necessity to maintain a balanced workforce that has the appropriate skills andcommitment to ensure the continued success of the service after the redundancies havetaken place.6.4 Criteria to be used for selecting staff for redundancy are described below.6.5 Skills and QualificationsThis will help to ensure the retention of a balanced workforce which means that objectiveselection criteria related to the school’s needs are reasonable. Employees should be ableto see what criteria are being used and how they are to be applied. Formal qualifications

and advanced skills can also be considered, where they are of direct relevance to futureservice provision and/or skill-mix requirements.6.6 Standard of Work Performance and AptitudeThe school must be able to show that there is objective evidence to support a selectionbased on this by criteria, as demonstrated by following the procedures for managingperformance-related matters.6.7 Attendance RecordsIt is imperative that appropriate records have been maintained in order to use this criterion.On no account should the school take into consideration absence occasioned by pregnancyor childbirth when calculating absence. Similarly, account should not be taken of anyabsences which are as a result of an employee’s recognised disability or industrial injury.The school must be careful not to penalise an employee who has had a recent problem butbefore this had a good attendance record. Examples of this could include absence for oneoffoccurrences such as surgery.The school must be able to show that there is objective evidence to support a selectionbased on this by criteria, as demonstrated by following the procedures for managing illhealthand attendance matters.6.8 Disciplinary RecordsOnly current disciplinary records should be taken into account. Expired disciplinarywarnings should not be considered.The school must be able to show that there is objective evidence to support a selectionbased on this criterion, as demonstrated by following the procedures for managingdisciplinary matters.6.9 Asking for Volunteers for Redundancy and/or Early RetirementWhilst applications for voluntary redundancy may be considered, such applications will besubject to and based upon the requirements of the school. In the first instance, volunteersfor redundancy will be requested and details of redundancy payments (and whereappropriate, pension benefits) will be made available.If asking for volunteers attracts more than required, or employees with specific skills thatthe school would need to retain, then the school or Council has the right not to accept anemployee’s request.Employees wishing to be considered for early retirement should seek guidance from thePensions Manager and refer to the policy on Early Retirement.7. Applying the criteria7.1 The Council’s Equal Opportunities policy applies in all cases of organisational change andredundancy situations. As such, any factors that would prevent one group of peopleunjustifiably meeting redundancy selection criteria more easily than others should beavoided. In addition, any employee who is engaged in asserting a statutory right, forexample, requesting flexible working, whistleblowing or acting as a Trade Union

epresentative, should not be selected for redundancy on the basis of asserting that right.To avoid doubt, advice should be sought from Human Resources.7.2 Employees selected for redundancy have a right of access to the records that establishedtheir selection for redundancy.8. Redeployment8.1 The Council has a Redeployment policy that sets out the approach that should be takenwith employees who face a possible redundancy situation. Reference must be made to thispolicy to avoid unnecessary redundancies.9. Notice Periods9.1 Unless the employee’s contract of employment states otherwise, the statutory period ofnotice is as follows:One month or more but less than two years - One weekTwo years or more but less than 12 years - One week for each year of continuousemploymentTwelve years or more -Twelve weeks.9.2 For the purpose of assessing service, any continuous service from previous authorities willbe counted.9.3 The notice of redundancy must be issued at the Statutory Dismissal (Redundancy)Interview and confirmed in writing to each individual affected and should include:reasons for the redundancyeffective date of redundancyredundancy payment and how that has been calculatedright of appeal9.4 An employee under notice of redundancy dismissal may find another job quickly and wishto leave early. If the employee serves notice on the school or Council of their wish to leaveearly, the employee’s right to claim a redundancy payment is preserved and theredundancy date is the employee’s actual date of leaving. If an employee leaves earlywithout serving the requisite notice or without the school or Council’s agreement then thiscounts as a resignation and the employee may lose the right to a redundancy payment.Guidance must be sought from the HR department in such instances.10. Misconduct by Employees During Notice10.1 If an employee is found to have breached their conduct in such a way as to justify summarydismissal, the employee loses their right to a redundancy payment.10.2 The Council is thus entitled to terminate the employee's contract by reason of theemployee's conduct in accordance with the Council’s Disciplinary policy.

11. Assisting Employees11.1 The following list is not exhaustive but gives guidance on the areas of assistance that maybe given to employees whose posts have been declared redundant. Information andguidance on accessing support should be sought from Human Resources in the firstinstance.11.2 Employment:redundancy counsellingCV writinginterview skillsadvice on retrainingcirculation of internal vacancy detailscirculation of CVs to appropriate bodieswhere possible, advice on external vacancies/organisationsRedeployment Register11.3 Retirement:Redundancy counsellingpre-retirement counsellingfinancial planningpension detailsinvestmentstax/NIstate pension forecastsBenefits Agencyredundancy payments11.4 Staff Under Notice of RedundancyAn employee who is under notice of redundancy is entitled to reasonable time off duringworking hours to look for new employment or make arrangements for training for futureemployment. Such an employee is entitled to be paid at the appropriate contractual rate forthe period of absence.12. Redundancy Payments12.1 The Council will base redundancy payments on actual pay.12.2 Employees with two years’ continuous service are entitled to a compensatory payment asdetailed in the Retirement Policy.12.3 Employees are advised that on termination of employment by reason of redundancy,and thereby receiving a compensatory redundancy payment from Powys County Council,they will not be eligible for to apply for any comparable post within the Council for a periodof two years. This period commences on the effective date of the termination ofemployment. This is no way prevents an employee from applying for jobs in other localauthorities, but prior to making any such application, consideration should be given to therelevant conditions set out in the Local Government Modification Order.

13. Appeals Against Redundancy13.1 An employee of the Council wishing to appeal against selection for redundancy should doso in writing to the Head of HR within 10 working days of receiving written notification of theredundancy, unless the Head of HR is satisfied that there are extenuating circumstances towarrant an extension of time.13.2 Appeals against redundancy will be heard by an Appeals Panel consisting of selectedMembers with due training, to include 3 Members of the Employment Committee.13.3 The Appeals Panel will hear the appeal as soon as practicably possible. Generally, this willbe within 15 working days of registration of the appeal with the Head of HR. However, itmust be recognised that in some cases there may be delays on either side.13.4 The employee shall be given not less than 15 working days' notice of the date of thehearing and may call witnesses and produce documents relevant to the appeal. Alldocumentary evidence produced at appeal will be made available to all parties. Theprocedure to be followed at the Appeals Panel is outlined in the Council’s Disciplinarypolicy.13.5 The grounds for an appeal may include:the selection procedure usedthe application of the procedure13.6 Where the appeal is not upheld, the employee will be informed in writing within 5 workingdays of the hearing and the panel will then notify the employing school of the decision.13.7 Council employees are entitled to be represented by a fellow colleague or Trade Unionrepresentative at any stage of their respective appeal hearing procedure.13.8 Any employee of the Council affected by dismissal due to redundancy, has a further right ofappeal against dismissal to an Employment Tribunal.

Appendix 1Redundancy Selection AssessmentHeadteachers are strongly advised to seek advice from Human Resources regarding consistencyand fair application of this assessment, and of potential costs before finalising any decisionsregarding which individuals are selected for redundancy.VolunteersIf an employee is volunteering for redundancy/retirement and by that person volunteering will savea redundancy situation, there is no need to complete the remainder of the assessment. Should theschool find, however, that there are too many volunteers or they are inappropriate, then theassessment will need to be completed.Skills/QualificationsThe person specifications for the positions that are available will highlight both essential anddesirable skills.Ranking:08: meets the full person specification for both essential and desirable skills06: meets the full person specification for essential skills04: meets at least 75% of the person specification for essential skills02: meets at least 50% of the person specification for essential skills00: meets less than 50% of the person specification for essential skillsDisciplinary RecordOnly current warnings may be taken into consideration. Performance and disciplinary matters musthave been managed in accordance with the Council’s Disciplinary Policy, with supportingdocumentary evidence.Ranking:06: no warnings on file04: verbal warning02: first written warning00: final written warningSickness AbsenceDo not include maternity related absences or absences relating to an employee’s disability.Attendance and sickness-related issues must have been managed in accordance with theCouncil’s Attendance Management policy, with supporting documentary evidence.Ranking: 08: has had less than five days sickness absence in the past year 06: has had more than five days sickness absence in past year but less than 04 04: has had four cumulative weeks absence during the past year or one long term absence of eight weeks or more during the past year. 02: has had periods of absence in excess of 04 above.

Appendix 2REDUNDANCY PROCEDURE CHECKLISTACTION REQUIREDReferred to HRConsultation:Report to Service Committee & Governing BodyReport to Employment CommitteeWritten reasons sent to Trade UnionsDate of meeting with Trade UnionsIndividual meetings arranged with employeesWritten reasons sent to individual employeesNotified Secretary of State for EmploymentNotified Department of Trade and IndustryRequested volunteers for redundancy/ early retirementConsidered all measures to avoid compulsory redundanciesBlock on recruitment within Council in areas where alternativeemployment may be availableReferred back to Service Committee & Governing BodyReferred back to Employment CommitteeDATESelection:Redundancy Selection Assessment completed and redundantemployees identifiedSend written notice to individual employeesClosing date for appealsAlternative offers of employment investigated (keep a record ofposts offered, to whom and when offered)Retraining investigatedName of HR ContactName:

Appendix 3DearRe: Consultation on xxxxxxxxxx postsI am writing to notify you that your attendance is required at a consultation meeting to discuss thefuture requirements of xxxxxxxxxxxxxxxx posts. Unfortunately, there is an expectation that certainposts may be subject to redundancy. The purpose of this consultation is to explain the situation toyou, explain what this means to you and to give you an opportunity to ask any questions you mayhave.The meeting will take place on ----- at -------- .If you are unable to attend please contact me on the above number.The meeting will be chaired by xxxxxxxxx, Headteacher. (List other staff attending i.e. Other LineManager and HR Representative and any Union Representatives).Yours Sincerely

Appendix 4DearRe: Consultation on xxxxxxxxxxxxxxxx postsAs you are aware a meeting was held on (DATE) to discuss the expectation that the post ofxxxxxxxxxxx will cease to continue and therefore current staff in this post will be facingredundancy. We entered into consultation over this on xxxxxxxx and this consultation period will becoming to an end on xxxxxxxxxx. The purpose of the consultation period is to offer an explanationto those staff who will be affected by redundancy, to talk through any issues you may have and tolook at any other options such as redeployment to an alternative post.If you were unable to attend either meeting, I will arrange to meet with you on a one to one basiswithin the next two weeks. I would like to confirm that after the consultation period you will begiven your statutory notice period which is xxx , at the end of which your employment with PowysCounty Council will be terminated on the basis of dismissal due to redundancy. However, the finaldate for notice is ---------- and any members of staff who have notice that runs beyond this date willbe given a payment in lieu of notice.Calculation of Redundancy PayAccording to our records, your start date in the post of xxxxxxxxxx is xxxxxx. Based on this, thenumber of week’s redundancy pay you will be entitled to receive will be xxxxxxxx . If you disagreewith any of this information please contact me on the number shown above as soon as possible. IfI have shown no entitlement to redundancy pay, this will be because you have less than two years’service, and are therefore not eligible for redundancy pay. If you have other posts with theCouncil, these are not affected by the dismissal due to redundancy for the xxxxxxxxxxxx post.If you expressed an interest in being considered for redeployment to another post, or if this mightbe a future consideration for you, we have enclosed information about vacancies that are currentlyavailable.If you put yourself forward for any of these posts and are successful at the interview you will beconsidered for the vacant post prior to any employee who is not facing redundancy from theircurrent post. You will be able to trial the post for four weeks and if, at the end of this time, you feelyou are not suited to the post, you may continue to be entitled to take your redundancy pay, unlessthe Council feels you are suited to the post and query your decision. Alternatively the Council maydecide that you are not suited to the post and will then give you your redundancy payment asoriginally agreed. If you are successful with a redeployment post but this is at a lower rate, you willreceive a one off compensatory payment.If you have any queries with regard to this information, please don’t hesitate to contact me on thenumber shown.Yours Sincerely

Appendix 5Dear ,Re: Ending your employment as xxxxxxxxxxxx.As part of the Council’s Redundancy policy we are required by law to hold a final meeting with youto discuss the details of ending your employment. This meeting gives you the opportunity to raiseany final matters you may have regarding your redundancy and allows us to give you the finaldetails from Employment Services regarding your final payment.The meeting has been arranged at (venue) on (date) at (time).You may bring a fellow colleague or Trade Union representative to this meeting if you so wish, totake notes on your behalf.If for any reason you cannot attend this meeting or do not wish to meet please let me know on (tel.number) and I will endeavour to make alternative arrangements to get the documentation to you.Yours Sincerely

Appendix 6Dear ,Re: Confirmation of redundancy arrangements from your xxxxxxxxxxx postI am writing to confirm that Powys County Council’s Employment Committee at their meeting on(date) approved the rationalisation proposals for the (school), which includes the roles of (jobtitles/posts). You were also made aware as part of the consultation process, which ended on (date)that it was proposed as part of the rationalisation for your post be made redundant with effect from(date).If you have less than 2 years’ continuous service on (date) you will not be entitled to redundancypay.All calculations used in this letter are based on the start date we have for you in this post, or, if thisis your only post with the Council, continuous service. I confirm this date as (date).All payments are taxable, with the exception of your redundancy payment. Any advance of salaryowing and any other monies outstanding to the Council will be taken from your final payment.You are entitled to (number) weeks’ statutory redundancy payment, which has been estimated as£XXXX. This calculation is based upon your length of service and weekly pay, and is a tax-freepayment. You will also be entitled to your untaken annual leave entitlement for this current leaveyear (pro rata to xxxxxx).You are entitled to a period of notice to end your employment through redundancy, which iscalculated on the basis of one week for every completed year of service. As you have beencontinuously employed within this Council for a period of XX complete years, you are entitled to anotice period of XX weeks. This notice is effective from the date following consultation, which is(date). Any notice outstanding at this date will be paid in lieu in your final salary payment.If you are a member of the Local Government Pension Scheme the pensions section will write toyou separately. Please contact the Pensions Manager, Joe Rollin on 01597 826306 for furtherinformation.In accordance with the Council’s Redundancy Policy you are entitled to appeal against thisdecision to the Head of Human Resources. Should you wish to exercise this right you should writeto the Head of Human Resources, at the above address, within ten working days of receipt of thisletter.Should you be offered a redeployment opportunity before your leaving date you may lose yourentitlement to redundancy pay. However, you are free to undertake a 4 week trial in a new postwithout it affecting your entitlement to redundancy. Should you choose to take on a new post andyour current salary is higher than your salary in your new post, you may be entitled to acompensatory payment, calculated as the difference between your current and new salarymultiplied by the number of weeks’ notice you would be have been entitled to receive.I should like to take this opportunity to thank you on behalf of your headteacher, Governing Bodyand Powys County Council for the contribution you have given over the period of your employmentin this post.Should you have any queries on this or any other matter please do not hesitate to contact me.Yours Sincerely

Appendix 7Cyngor Sir Powys County CouncilRedundancy Compensation Scheme – Ready ReckonerLength of ContinuousLocal GovernmentserviceNumber of weeks’Redundancy Pay2 7.83 11.74 15.65 19.56 23.47 27.38 31.29 35.110 3911 42.912 46.813 50.714 54.615 58.516 62.417 66.318 70.219 74.120 78