Appendix 2 VOLUNTARY REDUNDANCY PROCEDURE– Revised March 2013 1. INTRODUCTION 1.1. As a consequence of financial challenges and falling roles the Schools Forum has agreed this Voluntary Redundancy Scheme for schools. 1.2. This procedure sets out what is required from schools and the role of the Local Authority (LA) and Schools Forum. 1.3. The scheme applies to all employees except: 1.3.1. Temporary, casual or agency staff with less than 2 years continuous service 1.3.2. External agency workers, consultants or self employed. 1.3.3. Employees on fixed term contracts where the reason for expiry of the contract would not be redundancy. 2. PURPOSE OF THE SCHEME 2.1 The purpose of the scheme is to allow staff to express an interest in taking voluntary redundancy where this fits in with the staffing and financial needs of the school and sets down the process to be followed. 3. SCOPE 3.1. The scheme applies to all maintained schools i.e. community, foundation, voluntary aided and voluntary controlled schools. It does not apply to academies. 3.2. The scheme applies to teaching and support staff in schools. 3.3. The scheme does not apply in the event of school closures. 4. REDUNDANCY COSTS 4.1. All costs associated with a redundancy will be met through a Lump Sum budget, determined annually by the Schools Forum and solely funded from the Dedicated Schools Grant (DSG). There can be no overspend on this budget. 4.2. The Schools Forum will only make payments where: 4.2.1. Children’s Services Finance has confirmed that the school is in financial difficulty and the school has a licensed deficit budget and recovery plan which requires staffing reductions. NOTE: The Schools Forum may fund a voluntary redundancy request where refusal of a VR request would result in the school beginning Compulsory Redundancy proceedings to avoid going into financial deficit. 4.2.2. The Governing Body has confirmed in writing that: Vacancy management and other voluntary measures (e.g reduction in working hours and redeployment) have failed. The number of similar posts in the school is not anticipated to increase within 2 years after the effective date of termination. There is a headcount establishment. reduction in the schools staffing 4.2.3. The Schools Forum will not fund redundancy where: The school has an excess surplus balance. The school is not deemed to be in financial difficulty NOTE: The Schools Forum may fund a voluntary redundancy request where refusal of a VR request would result in the school beginning Compulsory Redundancy proceedings to avoid going into financial deficit. The school has not followed advice from the LA, which may have avoided the need to make redundancies, including the inappropriate use of fixed term contracts. 4.3. The Schools Forum can claw back the costs associated with the VR if the school employs anyone into a similar post within the 2 years period, without having the rationale behind the appointment approved by the LA prior to any appointment being made. 5. REDUNDANCY PAYMENTS 5.1. Where an employee’s contract of employment at the school is terminated on the grounds of voluntary redundancy, a redundancy payment will consist of: up to 30 weeks’ pay based on actual weekly earnings, plus 50%, capped at £675 (compulsory redundancy of £450 plus 50%). 5.2. Any payment related to pension liabilities due will also be paid out of the Lump Sum budget. 6. SCHOOL RESPONSIBILITY 6.1. The School will provide the following information to the LA for consideration by the Schools Forum when deciding upon the proposed Voluntary Redundancy: a completed Voluntary Redundancy request proforma, available as part of this procedure, detailing why the redundancy is required and acknowledging support for the member of staff who has requested VR. Copies of the schools budget with and without the proposed staffing reduction. Details of current and proposed class structures. A letter from the member of staff requesting VR. Details of the costs of allowing the voluntary redundancy including the one off redundancy payment and the pension strain cost to the employer of teachers or support staff employees eligible for immediate access to their pension benefits. 6.2 The school must advise the Schools Forum if the situation changes and the post needs to be retained in the school structure at which point the VR process would be ended. 6.3 The request for VR must be made prior to the start of the Compulsory Redundancy process. The Schools Forum have set the following deadlines for requests for voluntary redundancy to be received For VR to begin wef 31st December - submission by 31st May for panel in June For VR to begin wef 30th April - submission by 31st October for panel in November For VR to begin wef 31st August – submission by 31st December for panel in January 6.4 Only where a school has a surplus balance can a school choose to fund a voluntary redundancy request themselves. The school must seek the advice of their chosen HR Provider before taking this course of action. Applications should be submitted in confidence to schools.vr@cumbria.gov.uk 7. SCHOOLS FORUM RESPONSIBILITY 7.1. The LA will administer the Lump Sum Fund on behalf of the Schools Forum. 7.2. An e-mail acknowledgement will to be sent from the LA to schools for VR requests submitted within 5 working days. 7.3. The VR Panel of the Schools Forum will make the final decision on VR requests within 20 working days of the deadlines above. 7.4. The Schools Forum will rescind the funding if school support for the VR request is withdrawn or if the school advises the LA that the post must be retained. 8. STAFF RESPONSIBILITY 8.1. Once approval for VR has been granted the employee will have 10 working days to accept or decline the offer. This should be done in writing to the Head Teacher who will inform school.vr@cumbria.gov.uk 9. There is no right of appeal. 10. This procedure will be reviewed on an annual basis and can be withdrawn at any time. VOLUNTARY REDUNDANCY SCHOOL REQUEST FORM SCHOOL NAME …………………………………………… COST CENTRE …………………………………………… NAME OF MEMBER OF STAFF REQUESTING VR ……………………………………… Post Title…………………………………. Hours of Work ………………………………. REASON FOR REDUNDANCY SCHOOL SUPPORT FOR TEACHERS/SUPPORT STAFF REQUEST Is the governing body planning to convert to Academy status If yes, please give the provisional date for conversion Yes No ______________________________ SUPPORTING DOCUMENTS ATTACHED Copies of School Budgets before and after redundancy (showing impact of staff reduction). Copies of class structures before and after redundancy Copy of letter from member of staff requesting Voluntary redundancy. Details of one off redundancy payment and pension strain costs if employee is eligible for immediate access to their pension benefits. Approved By Head Teacher Name ……………………………………Signature ……………………………….. Date…………………… Chair of Governors Name ………………………………Signature…………………..……………. Date …………………. Date agreed Full Governors ………………………. Please return in confidence to: - schools.vr@cumbria.gov.uk