This session explores the legalities of the redundancy process, providing tools to ensure ensure it is fair and painless.

1. The Education HR in the North West Conference
January 2018, Manchester
Key requirements to ensure a fair redundancy
process

2. Overview
This session aims to explain the
legal aspects of a redundancy
process and to provide tools to
ensure a fair and painless
process.

3. Sli.do – vote now
Are you expecting to go through a redundancy exercise
within the next 2 years?
Yes
No

4. Key facts
• £2.8bn
has been cut from school budgets since 2015
• £54.0k
average cut to primary schools
• £205.6k
average cut to secondary schools
“Recent figures show that more than
9,400 schools – over one third of state
schools – were in deficit in 2015-16.
Almost 4,000 of them have been in
deficit in each of the past two years,
with almost 1,600 in deficit three
years in a row.”
TES – October 2017

5. Alternatives - TLR restructure
Is your TLR structure fit for purpose?
• 3 year safeguarding
• consider commensurate duties

6. Alternatives – a case study
• Large Secondary Academy – Extremely high absence
(costing circa £400,000 per year).
• Return to work interviews not being done – poor absence
management process
• Principal began doing all return to work meetings for 3
months then passed to VP – absence levels dropped
across the Academy – after year 1 absence cost reduced
£120,000 – still high.

7. Where to start with a staff restructure…
• Know your policy and the timescales required
• Plan in advance so you meet the deadlines
• Make sure you know your school well
• Who does what/when
• Skills
• Second subjects/other specialisms
• Death by a 1000 cuts
• Review the whole staff structure
• Design a structure that meets the school needs and is
financially sustainable
• Take out the people and look only at jobs

8. The success is in the planning
Do not underestimate the importance of planning.
Don’t wait to take action
“Why did you wait until the figure
was £1,000,000. Surely at £100,000
action should have been taken”
Union

9. Planning - Costs
• Pay protection:
• 3 years for Teachers; and
• typically 1 year for support staff if redeployed to other
roles on lower pay.
• 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.
• Check your policy to see if you offer enhanced payments.
• Check your funding agreement as the ESFA may fund
redundancies (in some but not all cases).

10. Sli.do – vote now
When is the best time to start consultation for teaching staff
redundancies if you wish to implement a new structure on 1
September?
1. The previous September
2. The start of the calendar year
3. After February half term
4. Easter
5. May

11. Planning - Timings
• 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 for the purpose of the
process.
• Contingency for slippage of dates.

12. Timeframe - example
Action Date
Trade Union Officials notified w/c 9th January 2018
Formal announcement staff meeting 16th January 2018
Individual Consultation Meetings w/c 23rd January 2018
Consultation Ends 3rd March 2018
Selection Process Begins 15th March 2018
Outcome of selection process communicated w/c 21st April 2018
Formal dismissal meetings (if applicable) w/c 10th May 2018
Appeals (if applicable) June 2018
Outcome of Appeals (if applicable) June 2018
Termination Date 31st August 2018

13. 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.

14. The Business Case
• Summarises the case for the restructure and who and how
staff are affected.
• The enabling process should be included; along with a
timeline.
• Include current and proposed organogram and financial
implications.
• Send to trade unions.
• Staff also receive a copy – including absent staff.
• This forms the basis of consultation.

15. Voluntary Redundancy
• Consider voluntary redundancy to 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.

16. 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.

17. Support for displaced staff
• Where a MAT, duty to consider suitable alternative roles in
other Academies.
• Paid time off for interviews.
• Support with interview tips/CV.
• Time to access support from trade union.
• Be aware some staff may not have applied for a job in a
number of years.

18. Expecting the unexpected
Internal impact
• Strikes- rolling ballot – internal impact
• Vote of no confidence in Head
• Pupil performance – restructure typically during exams
• Demoralised employees – ‘survivor syndrome’

19. Survivors
Restructures can make those who are ‘surviving’ the
restructure go through ‘survivor syndrome’:
Survivor symptoms
• Fear, insecurity and
uncertainty
• Frustration, anger and
resentment
• Unfairness, betrayal
and distrust
Organisational outcomes
• Decreased morale
• Reduced motivation
• Reduced engagement
• Risk avoidance
• Loss of performance

20. Expecting the unexpected
External impact
• Media – local news
• Ofsted – parents/staff writing to OFSTED
• ESFA – concerns with finance management and not being
able to demonstrate balanced budget

21. Final thought – an opportunity on T&Cs
If you could design contracts
from scratch, would they
include pay protection, such
as enhanced sick pay etc.?

22. www.brownejacobson.com/education

23. Heather Mitchell| 0207 871 8511 | heather.mitchell@brownejacobson.com
Gill Martindale | 03300 452110 | Gill.Martindale@brownejacobson.com
Please note
The information contained in these notes is based on the position at
January 2018. 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 2018. Browne Jacobson LLP is a limited
liability partnership.