This workshop looked at ways to minimize and avoid redundancies, pitfalls to avoid, and some top tips.

1. Education law conference
March 2017, Manchester
Restructuring: Top Tips

2. Restructuring: Top Tips
Tips on successfully managing a restructuring process
15th March, Manchester
Eleanor Drabble, HR Consultant
Join the conversation #BJ_EDC

3. Context
Our joint School Leadership Survey results confirm that 95%
of respondents see managing a reduced or stagnant budget
as a priority over the next 12 months.
“Education in schools has operated in a relatively benign
financial climate for a long time. But a new generation
of school leaders is going to have to emerge to cut their
cloth to drive efficiencies. This is one of the biggest
challenges facing the school system: schools will
increasingly have to do more with the same money.”
Lord Nash: Schools Minister

4. Session purpose
To help you to ensure that any restructure is done in a way
that:
• Is legally compliant and minimises the risk of a legal
challenge
• Considers staff morale and minimises the disruption to
teaching and learning
• Complies with good practice whilst minimising prolonged
uncertainty

5. What we will cover
• Ways to avoid/minimise redundancies
• Top tips and pitfalls to avoid
• Questions – ask throughout and we’ll also have time at the end

6. Avoiding/minimising redundancies
• Ending fixed term contracts
• Plan ahead and carefully consider whether vacancies need filling
• Reduce non staff expenditure as far as possible
• Generate additional income
• Redeploy to other vacant roles – MAT wide if possible
• Consider requests for reduced hours, early retirement and
volunteers

7. Tips if restructure is needed
1. Consider pay protection when planning costs: 3 years for Teachers
and typically 1/2 years for support staff if redeployed to other
roles on lower pay
2. LGPS members who are 55 or over must access their pension if
made redundant and the employer must meet the cost of pension
strain – get costs in advance
3. Check your funding agreement as the EFA may fund redundancies
(in some but not all cases)
4. Check your policy to see if you offer enhanced payments

8. Planning
• Do not underestimate the importance of planning
• Start before you are facing a deficit and use any surplus wisely
• Staffing levels and structure should be determined by:
• Curriculum plan
• Student numbers and demographics
• Class sizes
• Income levels
• SLT structure and distributed leadership
• Consider redundancy policy

9. Considerations
Secondary schools are critically evaluating:
• Breadth of curriculum and whether sustainable
• Class sizes and whether small KS5 classes can run
• Free periods in excess of PPA and discontinuing instead or before
of redundancies
• Seeing through those students already doing GCSEs can be
expensive so plan ahead
• Size of SLT and role/impact of middle “leaders”
• SLT teaching allocation

10. Timeframe
• Consider contractual notice periods
• Teachers – October, February and May
• Support staff – no specified dates (up to 12 weeks)
• If restructure involves teachers – work back from the notice dates
and ensure steps in policy, including dismissal meetings, happen in
time
• Don’t forget half term – exclude this for the purpose of the process
• Contingency for slippage of dates

11. 20 or more redundancies
• HR1 form – must be completed if 20 or more staff are at risk – if
you miss their notice periods you cannot make any redundancies
• Consultation periods are longer if 20 or more redundancies within
a 90 day period

12. The Business Case
• Central to the overall process – corresponds with your policy
• Summarises the case for the restructure; who and how staff are
affected
• The enabling process should be included; along with a timeline
• Include current and propose structure charts and financial
implications, final document approved by governing body
• Send to trade unions
• Staff also receive a copy – including absent staff
• This forms the basis of consultation

13. Top Tip
Staff want to know how they are potentially affected and what
their options are – ensure this is as clear as possible to minimise
uncertainty and have meaningful consultation

14. Consultation
• Timing – statutory or policy
• One-to-one meetings (notes taken) with employee and rep (if
applicable)
• Have redundancy figures ready and decide in advance about any
enhancements for volunteers
• Staff can raise very genuine points/proposals during consultation
which may alter the new structure – that is the point of
consultation

15. Pools
• The business case details who is deemed to be in each pool and
why
• Give thought to this and don’t rely on job titles
• Seek advice, don’t have favourites and don’t use as a way of
dealing with poor performance

16. Selection Criteria
If there is no set selection criteria within your policy, consult on the
proposed method and criteria by including in the business case.
How will you select for redundancy?
• Interview
• Scoring/skills matrix

17. Selection Criteria – Scoring matrix (SAMPLE)
Example scoring criteria:
Total score available = 100 points
Teachers
• Student progress (40 points)
• Quality of teaching (30 points)
• Behaviour managements (10 points)
• Subject and key stage experience (10 points)
• Contribution to whole school life (10 points)
Avoid being subjective and inconsistent

18. Top tips
Best practice is to have a panel of 3 scorers or interviews
If using attendance must exclude maternity and disability
related absences.

19. Voluntary Redundancy
• During any restructure Voluntary Redundancies (VR) should be
offered as this will reduce the number of compulsory redundancies
• Offer to affected staff or any?
• Must state they will be accepted on an individual and case by case
basis ensuring the needs of the school and pupils are met
• Can incentivise by paying in lieu of notice

20. Top tips
Ask for VR ‘declaration of interest forms’ to be completed by
the end of the consultation period
All requests do not have to be agreed but seek advice

21. Redundancy Payments
• Statutory or enhanced – check policy and previous precedents
• Ensure calculations have been run for all at risk staff in advance
• Support Staff in the LGPS who are over 55 and under 60 are
entitled to have their pension ‘topped’ up – big additional cost
• Ensure continuous service is correct and ask whether previously
made redundant (this breaks service)

22. Support for displaced staff
• Suitable alternative roles within other Academies in the MAT
• Paid time off for interviews
• Support with interview tips/C.V
• Time to access support from trade union
• Be aware some staff may not have applied for a job in a number of
years

23. The Modification Order
• Staff either receive redundancy pay and lose continuous service or
keep continuous service and pay back redundancy pay
• If staff are made redundant with effect from 31st August they
cannot start a new job in a school (or body covered by the
Modification Order) on 1st September, unless they pay their
redundancy pay back

24. Any questions?

25. Find out more
www.brownejacobson.com/education

26. Talk to us
Eleanor Drabble | 0330 045 2108 | eleanor.drabble@brownejacobson.com
Please note
The information contained in these notes is based on the position at February
2017. It does, of course, only represent a summary of the subject matter covered
and is not intended to be a substitute for detailed advice. If you would like to
discuss any of the matters covered in further detail, our team would be happy to
do so.
© Browne Jacobson LLP 2017. Browne Jacobson LLP is a limited liability
partnership.