GOVERNOR TRAINING
DECEMBER 2011
REDUNDANCY PROCEDURES
TEACHING AND NON-TEACHING
Mervyn Cooke - Human Resources
Paul Lawther - CASS
PROGRAMME
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Legal Context
Roles – Main Duties of Employers
Guidance & Advice
Redundancy Procedure for Teachers
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Identifying need for redundancy
Selection criteria
Stages in procedure
Appeals
• Transferred Redundancy Procedure
• Non-Teaching procedure
• Summary Points
Legal Context
• Redundancy has two meanings for purposes of employment law in NI;
– one used for entitlement to statutory redundancy payments (Employment
Rights (NI) Order 1996);
– other meaning used for the right to be consulted.
• For entitlement to redundancy payments redundancy arises when
employees are dismissed because;
– Employer has stopped or plans to stop business for the purpose which the
E/ee was employed for;
– Employer has stopped or plans to stop carrying on business in place where
E/ee employed;
– Business no longer needs as many staff to carry out particular kinds of work;
– Business no longer needs as many staff to carry out particular kinds of work in
place where E/ee employed.
Legal Context
• For purposes of right to be consulted redundancy defined as;
– “Dismissal for a reason not related to the individual concerned or for a
number of reasons all of which are not so related” (Article 223
Employment Rights (NI) Order 1996).
– Redundancy relates to position not individual.
– May include situation where redundancies are not related to behaviour or
capability of individuals but are part of a reorganisation where no
reduction in overall staffing level.
– An employer considering making an E/ee redundant must follow minimum
statutory dismissal procedure (Employment (NI) Order 2003 (Dispute
Resolution) Regs 2004 which involves;
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Writing to employee;
Setting out reasons for contemplating dismissal in writing
Meeting to discuss (before decision made);
Holding an appeal if the employee asks for one.
Legal Context
• Declaration of redundancy through notice to
an individual employee is a dismissal.
• In accordance with the Education (NI) Order
1998 Schedule 2, it is within the remit of the
Board of Governors of a school with a fully
delegated budget to:
• Determine that a person will no longer work in
a school for whatever reason, that includes
redundancy, disciplinary action, ill health etc.
Roles
• The Board of Governors has responsibility for budget and staff
management in the school
• Administration of the redundancy procedure is the responsibility of
the Chair of Governors in conjunction with the Principal
• Principal acts as Secretary and professional adviser to Board of
Governors and therefore has key role in the process
• Employing Authority will provide advice and guidance
Main Duties of Employers
• To act reasonably and make every effort to avoid compulsory
redundancies
• To engage in meaningful consultation with Trade Unions and
employees (with a view to reaching agreement)
• To establish fair and objective selection criteria
• To select the individual fairly and in accordance with legislative
requirements
• To provide the opportunity for the individual to make representations
and to provide for the right of appeal
• To allow the individual time off to look for alternative employment
• To conduct the process in a transparent manner in accordance with
procedures agreed with trade unions
Guidance & Advice
• Labour Relations Agency;
– Advice on Handling Redundancy Booklet (Oct 2007) (www.lra.org.uk) provides
outline of legal responsibilities and good practice;
– Department for Employment & Learning (www.delni.gov.uk) – information
and employment rights booklets;
• ER3 – Redundancy Entitlement & Statutory Rights
• Er4 – Redundancy Consultation and Notification
• Redundancy Procedures agreed with recognised Trade Unions
– TNC Circular 2010/1 – Procedure for handling Teacher Redundancies (&
associated Guidance Notes / Sample Letters)
– Redundancy Policy and Procedure – Non-teaching staff (Schools with fully
delegated budgets).
• Principal – professional adviser
• Advice and guidance from Board (HR & Education)
Redundancy Procedures
• Separate procedures negotiated through
different bodies (TNC for Teachers and JNC for
Non-Teaching)
• Teachers procedure has strict timetable and
redundancies normally declared at 31 August
each year
• Non-teaching procedure can be implemented
at any point in the year and redundancies
declared at any time
Redundancy Procedure – Teachers
Stage I – Board of Governors Meeting
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Teacher Representative should withdraw from meeting
Review staffing levels taking into account all relevant information
Establish rationale for any proposed reduction in staffing
Delegate to a Staffing Committee responsibility for consulting with
unions; applying the selection criteria; meeting with any teachers
identified to discuss contemplated dismissal on grounds of
redundancy; making recommendations to the Board of Governors
• Delegate to an Appeals Committee responsibility for meeting with
the teachers who have been nominated for redundancy to hear
their appeals; making recommendations to the Board of Governors
Redundancy Procedure – Teachers
Following Stage I Meeting
– Principal / BoG representative to meet with staff
– Notify all staff in writing of decision regarding staffing
levels
– Seek expressions of interest in VR or options to reduce
staffing such as retirement , career break / job-share /
part-time working, etc (Appendix A in Guidance)
– Write to teaching unions providing the required
information and invite representations / attendance at
meeting established for the purpose of consultation
recommended minimum of 2 weeks notice(Appendix Bi)
Identify Need for Redundancy
• First step determine staffing levels, taking into
account all the relevant information:
curriculum/staff audit, budget, enrolments, 3
year plan, school development plan etc.
• Needs of school paramount
• Need to record reasons and provide supporting
documentary evidence of the need for the
redundancy
• Legal obligation to consult with recognised trade
unions ‘with a view to reaching agreement’
Disclosure of Information
• In order to ensure meaningful consultation
Boards of Governors must legally disclose the
following information in writing before
consultation begins (Appendix Bi):
– Specific reasons for the proposals
– Numbers and descriptions of staff who it proposing to
dismiss (posts not people)
– Numbers and types of staff in the school (the staffing
audit)
– Proposed method of selection i.e. criteria
– Proposed method of carrying out the dismissals i.e.
the procedure to be followed
Consultation
• Specific legal requirement to consult recognised trade unions and
individual members of staff
• Consultation should include ways of avoiding the redundancies,
reducing employees to be made redundant, and reducing the
effects of the redundancies;
• Employer must carry out consultation ‘with a view to reaching
agreement’ with appropriate representatives
• To consult effectively must have clearly identified proposals based
on the need for the redundancy and clear definition of the criteria
for selection which must be disclosed to trade unions
• Must begin at earliest opportunity and must be meaningful i.e.
Governors must seriously consider any alternatives suggested and
explain in writing the reasons if they are deemed unacceptable
• Even if redundancies seem inevitable decisions must not be
finalised until consultation process is complete.
Stage II – Finance / Salary Committee
• Consider responses from staff (expressions of interest)to assess if
can avoid need for redundancy
• Consult with teaching unions and consider any representations
made - respond in writing. Main points of discussion should be
recorded in minutes
• Agree Selection Criteria & notify trade unions (Appendix Bii)
• If decision is to proceed, consider expressions of interest from
volunteers and apply agreed criteria and nominate volunteers.
• If necessary, apply criteria for compulsory selection and identify
teachers to be nominated for compulsory redundancy
• Set date to meet with individual teachers
• Record all decisions and rationale for them in minutes
Selection Criteria
• Needs of school remain paramount
• Must be fair, objective and justifiable - supportable by factual
information
• Must comply with Equality legislation / non- discriminatory
• Pool for selection and criteria must be clearly defined and
understood by Governors, teachers and unions
• Must be developed specifically to meet the needs of school taking
individual staffing, management and curricular circumstances into
account
• Use of ‘Last in First out’ (LIFO) is potentially age discriminatory and
must not be used as sole selection criterion
• Notify Trade unions of proposed selection criteria (Appendix Bii)
Selection Criteria
• Voluntary Redundancy
– Requirement to maintain the effectiveness and
efficiency of the service through the retention of
suitably qualified and skilled staff
– Most cost effective for the school in consultation
with employing authority
– In unlikely event of all else equal – random
selection
– Notify staff nominated for VR (Appendix C)
Selection Criteria
• Compulsory Redundancy
– Curricular and non-curricular needs of school should
be clearly identified according to their priority
– Potential areas for consideration in establishing
justifiable criteria;
• Statutory requirement for curriculum delivery and teachers
contribution to curriculum
• Specialist roles undertaken in school which cannot be easily
replaced
• Total teaching experience in the current school
• Notify staff being contemplated for redundancy(Appendix D)
Selection Criteria
• Individuals may be found to have been unfairly
dismissed if unfairly selected for redundancy for
number of reasons including;
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taking part in TU activities;
maternity related reasons;
asking for flexible working arrangements;
Asserting an employment right
• Redundancy may also be found to be
discriminatory if person was chosen because of
their religion, political opinion, sex, marital
status, race, disability, sexuality or age.
Action following Stage II meeting
• Write to each teacher who has volunteered
advising of the outcome of the meeting
(Appendix C)
• Write to any teacher that contemplating for
compulsory redundancy to provide opportunity
to attend meeting to discuss situation and make
representations (Appendix D)
• No decision taken at this stage – compliance with
statutory dismissal procedure.
Stage II - Meeting of Finance / Salary
Committee to hear representations
• Meet with each individual nominated with their trade
union representative or work colleague and hear any
representations
• Consider representations and make decision
• Record details of discussion and reasons for decisions
• After meeting write to each member of staff advising of
outcome and if contemplated redundancy is to proceed.
Advise of reasons and of intention to recommend to Board
of Governors that they be declared redundant. Advise of
right of appeal, date of appeal meeting and right to be
accompanied (Appendix E)
• Prepare report for Board of Governors
Stage III – Salary Appeals Committee
• Meet with teacher to hear representations
against his/her selection for redundancy
• Appeal to Governors not involved in original
decision to nominate for redundancy
• Consider carefully representations and reach a
decision
– Proceed to implement redundancy & dismissal
– Set aside redundancy & dismissal
• Record details and decisions in minutes
Stage IV - Board of Governors Meeting
• Consider recommendations of Finance / Salary
Committee and (if required) Salary Appeals
Committee
• Decide if redundancy should proceed or be set
aside
• Inform teacher and union of decision and if it is to
proceed of the reasons why their representations
were not accepted. Advise of right of appeal to
Independent Appeal Panel (Appendix Fi & Fii)
Stage V - Independent Appeal
Remit of independent appeals panel is to determine whether the principles
and procedures have been properly followed and if so to determine whether
the Board of Governors acted reasonably in selecting the individual for
redundancy
Independent Chair appointed by LRA + 2 panel members (nominated by
employing authority & trade union)
Board of Governors must be able to demonstrate adherence to procedure
through documentary evidence.
Requires the submission of the details of the case and of all relevant
documentation and attendance of Chairperson and Principal to explain
rationale for decisions.
Outcome final and binding
Notice of Termination
• Notification of termination of employment will be
issued by the board on receipt of instructions
from the Board of Governors that the teacher be
dismissed from the school on the grounds of
redundancy.
• All stages of the procedure including the
independent appeal must be completed before
the issue of notice.
• Termination normally 31 August – 4 months
notice means that must issue formal notice of
termination by end of April.
Transferred Redundancy Process
• Inter-board / Employer Process to avoid
compulsory redundancies
• Transferred redundancy with volunteer from
another school
• Available to all teachers nominated for
compulsory redundancy
• Administered by the Board, normal
procedures in respect of appointments apply
Non – Teaching Procedure
• Same principles apply- stages slightly different
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Seek to avoid redundancies
Consultation
Consistent application of objective selection criteria
Opportunity to make representations / internal appeal
Independent Appeal –v- determination to dismiss
• Unit of Selection important issue
• Redeployment within school / board (Alternative
Employment)
• Not as time-bound as teachers procedure – statutory
notice requirements must be complied with (max 12
weeks).
School Staff Audit
• An audit is carried out to establish the
complement of staff needed
1. To deliver the curriculum
2. With school budget
Post Primary
• Can the school deliver the curriculum.
• Are some subjects more popular or less
popular resulting in a surplus or deficit of staff.
Summary Points
• Don’t delay - start the redundancy process as
early as you can
• Following agreed procedures critically important
• Document rationale and decisions
• Know what you are doing and why
• Be consistent, objective and fair
• Act with confidentiality and sensitivity
• Seek advice throughout process