4

Redundancy mess

We have a teacher who has been employed on fixed term contracts for a period of 13 years. I am new to the school and picking up pieces. This teacher has a very minimal timetable and teaches very part time, and is paid over 8-9 months of the year. Her current contract runs to the end of this month.

Back in the autumn term, there was a restructure in the department, where a HoD post was created, negating the need for this teaching post as well (business case was proberly completed and signed off). The teacher applied, was interviewed but was unsuccessful. I do not believe redundancy was mentioned at this point. It's my understanding that the senior management did not realise the teacher would be eligible for redundancy as she was on a fixed term contract. She will as she has 13 years' service.

My query is re consultation - really it is fact that the restructure has happened and there is no post. We are arranging a meeting with the teacher to discuss - however as it's completely "back to front" I'm just wondering what the best approach is - to have just one meeting and explain the situation and that she will be eligible for redundancy pay - there  will not be suitable alternatives as it's a very specialist subject.

Any advice on how to move this forward gratefully received.

565 views
  • Hi Jane

    I'd think you'd need a minimum of two meetings with the teacher - the first to outline the situation and what's planned and the second  maybe a week at least later in order to consider any responses / representations and then to determine future action. That the restructure has already happened doesn't really change the need to do the redundancy exercise properly. 

    Assuming the FTCs can be counted as continuous, there will be at least 12 weeks notice due plus at least statutory redundancy pay, so pay until about mid-September is due (irrespective of any date of dismissal etc constraints peculiar to teachers' t and c.)

  • Agree with David. given the 13 years service, on a series of consecutive fixed term contracts (even if there were 'breaks' between, if they fell into the vacation periods, then they're unlikely to count as true breaks for the purpose of breaking continuity of service). Least risky approach is to conduct the redundancy consultation process in the same way as you would for any colleague on a permanent contract with more than 2 years' service (ie properly!). Identify from the outset why the post is redundant (e.g. diminution of work of a particular kind?), identify why this person is in a pool of one (or alternatively identify whether the pool should be expanded) etc etc. At least two meetings, with a reasonable gap between them to allow for counter proposal/alternative to redndancy to be put forward. Basically, even if it starts off as a mess, you can rectify if you do the process absolutely fairly and ensure that the senior leaders/managers are aware that it cannot be a 100% foregone conclusion that dismissal will occur - while it can be a high likelihood that that will be the outcome, if you/they start from the position that dismissal is the only outcome, this will mean your process is flawed from the start (whether consciously or unconsciously). Hope it goes well

  • In reply to Ann Simpson:

    oh - also don't forget - if it does end up as a redundancy dismissal and statutory redundancy pay is payable, if the teacher's weekly pay is below the statutory max cap, you should include pension contributions to the weekly pay when working out weekly pay for the purposes of redundancy pay (NB - this is only relevant where weekly pay is less than the statutory weekly pay cap of £538) Quick ref article here: www.morton-fraser.com/.../employer-pension-contributions-count-towards-weeks-pay
  • In reply to Ann Simpson:

    Totally agree with Ann's observations, especially about redundancy dismissal not being regarded as inevitable and exploring all possible alternatives thereto.

    Also, the teacher might just possibly ask about the prospects for a 'bumped' redundancy of another staff member. You don't at all have to allow or agree to this but must seriously consider it if it's raised and have valid reasons why disinclined to allow it