SCHOOLS FORUM Meeting date: From: 8th April 2014 Caroline Sutton Assistant Director – Schools & Learning VOLUNTARY REDUNDANCY POLICY 1.0 EXECUTIVE SUMMARY 1.1 As a consequence of financial challenges and falling rolls, the Schools Forum agreed a Voluntary Redundancy Policy for schools which came into effect 1 April 2011. The current policy document is set out at Appendix 1. This policy document is found to have some inconsistencies with the County Council policy on voluntary redundancy. To ensure equitable treatment between all staff, amendments have been made to the policy to ensure it is consistent with the County Council policy. The amended policy document is found at Appendix 2. 1.2 This paper also clarifies that with immediate effect, the Local Authority will no longer fund ill-health retirements or compulsory redundancies in schools. This ensures consistency of treatment with the individual directorates in the County Council, which must bear these costs. 1.3 The Schools Forum is asked to approve the revised Voluntary Redundancy policy and to note the Council’s decision not to fund illhealth retirements or compulsory redundancies in schools with immediate effect. 2.0 STRATEGIC PLANNING AND EQUALITY IMPLICATIONS 2.1 The voluntary redundancy policy for schools and pupil referral units by enabling schools to better manage their resources impacts onto the following objective in the Council Plan: To safeguard children and ensure that Cumbria is a great place to be a child and grow up. 2.2 The policy supports the Council’s underpinning aim to ensure that financial resources are used as effectively and efficiently as possible to deliver the Council’s priorities within its Council Plan. 3.0 RECOMMENDATION 3.1 It is recommended that the Schools Forum approve the revised Voluntary Redundancy policy at Appendix 2 which ensures consistency with the County Council policy. 3.2 The Schools Forum is asked to note the Council’s decision not to fund ill-health retirements and compulsory redundancies in schools with immediate effect. 4.0 BACKGROUND 4.1 The Voluntary Redundancy Policy for schools (Appendix 1), as approved by the Schools Forum, came into effect from 1 April 2011. The latest revision to the policy was approved by the Schools Forum in March 2013. 4.2 The policy is supported by a Redundancies budget. This budget is funded by the Dedicated Schools Grant. For 2014/15, the budget is £606,000. 4.3 A review of the policy has identified that it is currently inconsistent with the County Council policy for voluntary redundancies. 4.4 To ensure consistency with the County Council policy and equitable treatment by all Council and school staff, the policy has been updated as follows: 1. The policy now incorporates pupil referral units as these have delegated budgets and are treated like schools. 2. A value for money assessment has been incorporated at 4.2.2 as a condition for eligibility. The voluntary redundancy request form has been updated to include a value for money assessment which the requesting school must complete. The value for money assessment, which will be reviewed and verified by the Local Authority, must demonstrate that the cost of termination is recoverable within three years of the employee’s termination date. 3. At 4.2.4 of the policy an extra condition for funding redundancy has been included to state that redundancy will not be funded where any of the requirements of the policy set out in 4.2.1 to 4.2.3 and in 6.1 to 6.4 have not been completed/met. 4. The redundancy payment has been revised to be consistent with the County Council redundancy payment rates. This is outlined in Section 5 of the updated policy (at Appendix 2). 5. The policy now outlines at Section 8 – Staff Responsibility: that employees accepting voluntary redundancy will not be permitted to take up employment with the same employer until the value for money business case has been repaid. Any employees who do take up employment with the same employer or another employer as included on the Redundancy payment (Continuity of Employment in Local Government etc) (Modification) (Amendment) Order 2002 and who commence the employment before the timescale that is required to repay the value for money business case will be required to repay all sums outlaid related to the voluntary redundancy scheme before continuous service will be reinstated. 4.5 The current Voluntary Redundancy Policy states that there can be no overspend on the budget. This stems from previous years where there have been significant overspends on the budget. Budgetary control for the voluntary redundancy budget is challenging due to the final panel of the year taking place in January, with this panel often receiving the highest number of applications (due to voluntary redundancy taking effect from the start of the next academic year). Expenditure on redundancy must be accounted for at the point of the decision rather than when the redundancy actually takes effect, or payment is made. The statement in the policy that there can be no overspend on the budget has been removed. A clause has been included at section 4.1 that where an overspend is unavoidable (due to submitted cases robustly meeting all the criteria), any overspend must be funded from elsewhere in the Dedicated Schools Grant budget and Panel members must have due regard to the impact of this on all schools. 4.6 The Local Authority has decided that to ensure consistency with the approach within the Council, for maintained schools, where the Council is the employer, ill-health retirements and compulsory redundancies in schools will be funded in the same way as for Council directorates, with schools bearing the full cost of these. This will apply with immediate effect. There will be no retrospective payments. Schools will be informed of this through a letter issued via the Schools Portal. 4.7 The Council proposes an amendment to the Control of Surplus Balances policy to enable ‘evidenced, known, future expenditure on voluntary redundancies (not eligible through the voluntary redundancy policy), compulsory redundancies and ill-health retirements in the following financial year’ to be a specific purpose for which an excess surplus can be retained. If approved by the Schools Forum, this amended policy will take immediate effect. 5.0 OPTIONS 5.1 Schools Forum must decide on one of the following options: Approve the updated Voluntary Redundancy policy which ensures consistency with the County Council Voluntary Redundancy policy. The policy will take immediate effect. Not approve the updated Voluntary Redundancy policy and suggest alternative amendments. 5.2 Schools Forum is asked to note the County Council decision not to fund ill-health retirements and compulsory redundancies in schools with immediate effect. 6.0 RESOURCE AND VALUE FOR MONEY IMPLICATIONS 6.1 The Redundancies budget for 2014/15 is £606,000 as agreed by the Schools Forum in January 2014. 7.0 CONCLUSION 7.1 This paper presents an updated Voluntary Redundancy policy to the Schools Forum for approval. The amendments to the policy ensure consistency with the County Council’s Voluntary Redundancy policy. The Schools Forum is asked to approve the updated policy. 7.2 The paper also informs the Schools Forum of the Council’s decision not to fund compulsory redundancies or ill-health retirements in schools, to ensure consistency with the approach in the Council. Caroline Sutton Assistant Director – Schools & Learning 26th March 2014 Accompanying Documents: Appendix 1 – Voluntary Redundancy Procedure – Revised March 2013 Appendix 2 - Voluntary Redundancy Procedure – Revised March 2014 REPORT AUTHOR Contact: Helen Hamilton Finance Manager – Schools and Learning Email: helen.hamilton@cumbria.gov.uk Telephone: 01228 221196