TEACHERS REDEPLOYMENT, RETRAINING AND REDUNDANCY AGREEMENT

This agreement details the arrangements for the redeployment and retraining of school based teachers who have been given notice of dismissal by reason of redundancy, from their posts at maintained schools which have adopted this agreement. Such arrangements also apply to a person employed centrally by the Council on Teachers’ Terms and Conditions of Employment who has been given notice of dismissal by reason of redundancy. This agreement also details the redundancy payments and pension benefits applicable. This agreement does not apply to the Teachers referred to in Appendix C same as specified.

A redeployment process is operated by the Council’s Employment Access Team which seeks to redeploy teachers during their contractual notice period. The teacher’s contractual notice period will be extended as defined in Section 5.3.

The role of the Employment Access Team is detailed in Section 7.

1. This agreement is between the City of Bradford Metropolitan District Council ("the Council"), and the recognised Teacher Unions/Associations.

 

SECTION TWO – ELIGIBILITY

 

2.1 In accordance with the provisions of the School Standards and Framework Act 1998, reductions in the staffing establishment of a maintained school with a delegated budget are managed by the school’s governing body.

 

2.2 The provisions of this agreement apply where:

 

2.2.1 A school based teacher has been given notice of dismissal by reason of redundancy, either by the Council (in relation to Community, Community Special and Voluntary Controlled schools following a determination by the Governing Body), or by the Governing Body of the school (in relation to Voluntary Aided and Foundation schools or any school where the governing body is the employer)

 

 

 

and

 

2.2.2 The Governing Body of the school where the teacher is employed has adopted this agreement.

 

2.3 This agreement does not apply to teachers employed on casual, fixed-term and/or temporary contracts (see definitions in Appendix A). This agreement will not include centrally employed teachers or those teachers employed in establishments without governing bodies.

 

2.4 This agreement does not apply to teachers who are not employed to work at a school save for those referred to in clause 2.3 above, and to the Teachers referred to in Appendix C same as specified.

 

 

3.1 This agreement supersedes the Redeployment, Retraining and Redundancy Agreement for Teachers which came into operation on 1 March 1993 and any subsequent amendments.

 

3.2 The terms of this agreement will be subject to a twelve monthly review by the parties to the agreement.

 

 

4.1 Either party may give to the other party 6 months written notice of termination of this agreement. The Teacher Unions/Associations agree that when giving notice, they will do so through their Officers Joint Committee (OJC) process.

 

4.2 On termination of this agreement by either party, the terms of this agreement will cease to have contractual application for the teachers covered by this agreement. Once terminated, commitments entered into during the course of this agreement will be honoured e.g. severance or redundancy terms, training provision, travel allowance etc.

 

 

SECTION 5 – PERIOD OVER WHICH REDEPLOYMENT IS SOUGHT

 

5.1 School governing bodies should always consider whether there is any suitable alternative employment within the school where the teacher selected for redundancy is employed. Where there is no suitable alternative employment available within the school, a teacher will be referred to the Employment Access Team (EAT B) (see below) within one week of notice of dismissal by reason of redundancy being given. If the teacher agrees s/he will be referred to the EAT B following the school’s proposal to select him/her for redundancy (or following the dismissal hearing if any, or Council’s proposal to select him/her for redundancy for Teachers within clause 2.2.3 above) prior to the appeal hearing.

 

2. The Employment Access Team (EAT B) will endeavour to find the teacher suitable alternative employment during the teacher’s contractual notice period.
3. If an employee is offered alternative employment in writing by a governing body of a school with a vacancy and she/he refuses the offer prior to his/her appeal hearing against dismissal, such refusal will not constitute a refusal of a suitable offer as defined in Section 6 below.

 

4. If suitable alternative employment cannot be found during the teacher’s contractual notice period (or a teacher reasonably refuses an offer of suitable alternative employment), the notice period will be extended by a further school term in circumstances where the teacher is co-operating with the redeployment process. Throughout this Agreement this further period will be known as the "extended notice period".

 

Therefore:-

 

5.4.1 If notice is given to expire on 30 April, notice may be extended until 31 August.

 

5.4.2 If notice is given to expire on 31 August, notice may be extended until 31 December.

 

5.4.3 If notice is given to expire on 31 December, notice may be extended until 30 April.

 

5. In relation to Voluntary Aided and Foundation Schools (or any school where the Governing Body is the employer of the teacher), it is the Governing Body of the school who extends the notice period and the teacher concerned remains an employee of the Governing Body during the extended notice period. Such a teacher does not transfer to the Council. Should either party have concerns about an individual remaining at the same school during the period of extended notice such concerns will be referred to The EAT (A) for consideration.

SECTION 6 – SUITABLE ALTERNATIVE EMPLOYMENT

 

6.1 Where a teacher has unreasonably refused 2 offers of suitable alternative employment within the contractual notice period no further search for alternative employment will be made and the teacher’s employment will end at the end of his/her notice period. If the notice period has not been extended in accordance with clause 5.4 above when the two offers of suitable alternative employment are made, clause 5.4 will not apply and no extension of notice will be given (see 6.6 below).

 

6.2 Where a teacher has unreasonably refused 1 offer of suitable alternative employment within the contractual notice period or extended notice period this will be drawn to the attention of the teacher by the Chief Education Officer (CEO) or his/her representative (as a member of EAT A) in writing, confirming the consequence for the teacher should he/she unreasonably refuse a further suitable offer of alternative employment . Such consequences are detailed in clauses 6.6. below. The CEO will also advise teachers made redundant by Voluntary Aided and/or Foundation Schools or any school where the governing body is the employer who are parties to this Agreement.

 

6.3 Where a teacher unreasonably refuses 1 offer of suitable alternative employment within his/her contractual notice period as referred to in 6.2 above and refuses a second suitable offer of alternative employment during the extended notice period no further search for alternative employment will be made and the teacher’s employment will end at the end of his/her extended notice period (see 6.6 below).

 

6.4 Where no offers of suitable alternative employment are made during the teachers contractual notice period, but a teacher unreasonably refuses two offers of suitable alternative employment during the extended notice period, no further search for alternative employment will be made and the teacher’s employment will end at the end of his/her extended notice period (see 6.6 below).

 

6.5 A teacher dismissed by reason of redundancy will not be entitled to a redundancy payment (either contractual or statutory) nor to the benefits detailed in section 15 below if:

 

1. S/he accepts an offer of reemployment with the same employer or an associated employer or with an employer in the education sector referred to in the Redundancy Payments (Continuity of Employment in Local Governments etc (Modification)) Order 1999 as amended from time to time.
2. S/he unreasonably refuses 2 offers of suitable alternative employment (see 6.1, 6.2, 6.4 and 6.5 above).

 

6.6 The provisions in clause 6.5 apply provided the offers are made before the end of the notice period (including any extension of the notice period in accordance with clause 5.4 above) and provided the new employment starts not more than four weeks after the previous employment ended.

 

6.7 In identifying a suitable offer of alternative employment, the following factors will be considered:

 

1. Is the vacancy in an acceptable school phase for the teacher (for example, nursery, primary, secondary, special)?
2. Is there a match between the skills of the redundant teacher and the requirements of the vacant post?
3. Are the working hours acceptable to the teacher?
4. Is the post at a comparable level of responsibility as the teacher’s previous post or lesser responsibility if the teacher agrees?
5. Is the type of school where the vacancy exists dissimilar from the previous school (for example, type of school voluntary aided etc or different circumstances special measures etc?
6. Are the physical circumstances of the school appropriate?
7. Is extra travelling time required?
8. Are there other overriding personal reasons (for example, a relationship with a staff member in the school or related to a staff member or pupil)?

The above list is not exhaustive. EAT A will consider the above and any other relevant factors when the Council’s Representative is deciding whether an offer is to be suitable and whether a teacher has unreasonably refused a suitable offer of alternative employment.

 

In relation to Voluntary Aided and Foundation Schools or my school where the Governing Body is the employer it is a decision of the Governing Body of the school as to whether to extend the notice period in these circumstances. The Governing Body will take advice in this regard from the EAT (A).

 

8. If the Employment Access Team A considers that a teacher is not co-operating fully with attempts to redeploy him/her, the notice period will not be extended as detailed in clause 5.4 and the teacher will forfeit his/her right to a contractual redundancy payment and any rights to early access to pension benefits if aged between 50 and 60, as detailed in section 15 below. In such circumstances the teacher will only be entitled to his/her statutory redundancy payment as appropriate. Evidence of non co-operation includes:-

1. Not completing the profile sheet detailing his/her skills.
2. Refusing to be interviewed or failing to attend an interview for a post which may be suitable, without good cause or reason.
3. Inappropriate behaviour by candidate at interview. Such behaviour might include: abusive behaviour, refusal to answer reasonable questions, threatening behaviour.

1. The Employment Access Team will:

1. Seek to establish a commitment from governing bodies to work in partnership with the Council and Teacher Unions/Associations to redeploy teachers referred to it within the timescale of this agreement (including any extension of the notice period given)

 

AND

 

2. Endeavour to match teachers referred to it to known vacancies (if any).

The Employment Access Team is constituted in two different ways, dependent upon its role.

 

2. "EAT(A) is the full Employment Access Team. EAT(A) will only meet to;

1. Make recommendations to the Council Representative (in relation to community, community special and voluntary controlled schools) or to the Governing Body (in relation to Voluntary Aided and Foundation schools and any other schools where the Governing Body is the employer)if a teacher disagrees that an alternative offer is suitable.

 

2. Consider whether the teacher has unreasonably refused the offer

 

3. Consider issues of non co-operation

 

4. Consider whether to extend a trial period as detailed in clause 10 below.

 

5. Consider concerns raised by a school Governing Body or the teacher concerned about an individual remaining at the same school during the extended notice period.

In relation to Voluntary Aided and Foundation schools and any other schools where the Governing Body is the employer the Governing Body will make the decision in relation to the suitability of offers of alternative employment etc, as outlined above. having taken advice from the EAT (A) "

 

 

2. The Council’s representative will be appointed by the Human Resources Director. The Headteachers will appoint one representative from amongst themselves. The Teacher Unions/Associations will nominate the appropriate Teacher Union/Association representative from amongst themselves. Education Bradford will be responsible for ensuring representation of the Director of Achievement and HR Services.

The role of the Director of Achievement (or representative), the HR Manager (or representative) and the Headteacher representative is to contribute to the process by providing advice and guidance to the Council’s representative concerning individual cases, the school phase perspective and to ensure the process is carried out on a fair and equitable basis.

 

The Council’s Representative will in relation to Community, Community Special and Voluntary Controlled Schools:-

 

1. Make a decision as to the suitability of an offer of alternative employment where the teacher who has been offered the alternative post does not accept it is suitable.
2. Decide whether a teacher has unreasonably refused an offer of suitable alternative employment.
3. Consider issues of non-co-operation referred to in clause 6.9.
4. Consider requests for retraining.

In relation to Voluntary Aided and Foundation Schools and any other schools where the Governing Body is the Employer the Council’s representative will provide advice on the above four points to the Governing Body.

 

 

SECTION 8 – THE REDEPLOYMENT PROCESS

 

8.1 All governing bodies who adopt this agreement, agree to notify all teacher vacancies to the Employment Access Team, prior to advertising such vacancies. (This provision does not apply to Headteacher or Deputy Headteacher vacancies which must be nationally advertised). The Council will seek to persuade governing bodies who do not adopt this agreement to notify the Council of all teacher vacancies in any event.

 

8.2 A teacher is referred to the Employment Access Team in accordance with clause 5.1 above.

 

8.3 A teacher referred to the Employment Access Team will meet a human resources adviser and education inspector with a representative of his/her trade union/professional association present if desired, within one week of referral. The teacher will complete a profile sheet, detailing his/her skills prior to or at this meeting (or up to 5 days after the meeting).

 

8.4 At this meeting:

 

8.4.1 The role of the Employment Access Team will be explained including how it will assist the teacher through the redeployment process.

 

8.4.2 The inspector/human resources adviser will assist the teacher in completing the profile sheet where appropriate.

 

8.4.3 The teacher will be advised of the existing vacancies or those known to be about to arise.

 

8.4.4 If any vacancies are considered suitable the teacher will be advised of this.

 

8.5 The teacher will be notified of any suitable vacancy after the meeting referred to in clause 8.3. If the teacher considers it is unsuitable, s/he must advise the human resources adviser of his/her reasons within 5 working days. Upon receipt the full Employment Access Team (EAT A) will meet to consider the teacher’s representations.

 

8.6 A teacher referred to the Employment Access Team (EAT A) may visit during school hours, any schools within the Local Education Authority area in which it is believed a suitable vacancy may exist. Prior arrangements must be made with the school. The teacher will be paid travelling expenses at second class train and/or bus fares where such services are available or at National Joint Council (NJC) rates where a private car has to be used and records must be kept.

 

8.7 At the same time the teacher is advised of the vacancy, the school with the vacancy is advised of the potential match. Where such a potential match has been made the Council will nominate the teacher to the Governing Body for interview.

 

8.8 Where following nomination, the teacher is offered the post, an offer will be made in writing. The offer must be reasonably precise e.g. place of work, hours, phase.

 

8.9 The advertisement for the vacancy will be released immediately the Employment Access Team (EAT B) has established that there are no teachers seeking redeployment within the phase or curriculum area.

 

8.10 A teacher referred to the Employment Access Team (EAT A) will continue to receive his/her existing salary during the contractual notice period (and extended notice period if given).

 

8.11 Where a teacher is redeployed in accordance with this agreement, the Council will pay additional travelling expenses incurred (that is the cost of the difference between the teacher’s home and the new school and the teacher’s home and the previous school), for four years from the date of redeployment. Travelling expenses will be paid at second class trains and/or bus fares rates where such services are available or at NJC notes where a private car has to be used. Such expenses are to be paid retrospectively in a lump sum at the end of each term. Records of expenses incurred must be kept. If the teacher moves house, no additional travelling expenses will be paid.

 

 

SECTION 9 – TRIAL PERIOD

 

9.1 If a teacher accepts alternative employment, which involves a different type of work or is on different terms from his/her previous terms of employment, the teacher is entitled to a four week trial period commencing from the start of the new contract.

 

2. If a teacher terminates the contract during the trial period or gives notice during the trial period to terminate it and the contract is terminated, s/he will be treated as having been dismissed when the original contract came to an end by reason of redundancy.

9.3 If a teacher refuses to complete the trial period (or to continue in the post after the trial period) and the EAT consider that the post offered was one of suitable alternative employment which Teacher unreasonably refused the offer, the Teacher will lose entitlement to his/her statutory and contractual redundancy payments as detailed in Section 14 and to any of the pension benefits detailed in Section 15.

 

 

10.1 The trial period may be extended by the Employment Access Team (EAT A) in relation to Community, Community Special and Voluntary Controlled Schools for the purpose of retraining the employee. If the change in employment consists only of a change of workplace, there will be no need for retraining.

 

10.2 An agreement for an extended trial period must:

 

1. Be in writing and be made before the employee starts work under the new contract.

 

2. Specify the date on which the period of retraining will end.

 

3. Specify the terms and conditions of employment that will apply to the employee after the end of the retraining period.

 

10.3 The teacher concerned must agree to and sign the retraining agreement.

 

 

SECTION 11 – RETRAINING

 

1. The Employment Access Team may consider that retraining is required over and above any retraining given during a trial period. The need for retraining will be discussed with the teacher concerned during the initial meeting with a human resources adviser and inspector. If:-

1. during the initial meeting between employee and the Inspector and Human Resources Adviser – in completing the Skills Profile sheet – training needs are identified and agreed The Human Resources Adviser will alert the Human Resources Director of the Council.
2. the Human Resources Director in consultation with the Head of Service Employee Development will consider the training and development requests.

SECTION 12 – PAY PROTECTION

 

12.1 Where a teacher is redeployed, his/her remuneration is protected as detailed in the National School Teachers’ Pay and Conditions Document 2000 (and as amended from time to time), provided the teacher is redeployed as a teacher in the provision of primary or secondary education whether or not at a school (IM).

 

12.2 If the teacher agrees to be redeployed to a position other than to a post on Teachers’ conditions of service (for example working for the Council generally), there will be pay protection in line with that applying to other non-teaching staff at the time.

 

12.3 The protection shall not apply (or shall cease to apply) to a teacher:

 

12.3.1 To whom suitable alternative employment is offered but is unreasonably refused in an educational establishment maintained by the LEA

 

or

 

2. If the remuneration payable to him/her equals or exceeds the remuneration payable by way of the protection as provided for in the School Teachers’ Pay and Conditions Document.

12.4 Remuneration means salary plus any allowances, but does not include:

 

1. Any payment for residential duties.
2. Any payment for in-service training for teachers.
3. Any payment for initial teacher training.
4. Any payment for out of school hours learning activity.
5. Any payment for school achievements award.

12.5 The following existing allowances will also not be protected:

 

1. Car allowance
2. First Aid allowance
3. Extraneous duties allowance.

The pension benefits which currently apply are set out below. These benefits will be subject to review in the event of amendments to the statutory framework.

15.1 Except where 15.2 below applies if a teacher of any age has less than two years pensionable service s/he is only entitled to:-

 

a) A refund of contributions

b) Transfer the pension to another scheme

c) Preserved benefits – that is to leave the benefits in the scheme until the teacher is aged 60.

 

 

15.2 Employees under 50 years with at least one year pensionable service

 

The School’s Governing Body or Council may agree to grant the teacher discretionary compensation in accordance with Regulation 6 of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 as amended from time to time (the "66 week rule").

 

 

15.3 Employees aged between 50 years and 65 years with more than two years pensionable service.

 

Where a teacher’s period of notice expires (including an extended period of notice where appropriate) and the Council or Governing Body (of a foundation or voluntary aided school) has notified the Secretary of State in writing that:

 

a) his/her employment has terminated by reason of his/her redundancy

 

and

b) the Governing Body has agreed that s/he should become entitled to added years

 

and

c) the Council or Governing Body (as appropriate) has agreed that s/he should have early access to his/her retirement pension and lump sum

 

the teacher concerned will be entitled to the following:-

 

i) Mandatory compensation (retirement pension and lump sum) payable immediately, calculated in accordance with Regulation 7 Part IV of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 as amended from time to time

 

and

ii) Additional years service (known as "added years") as follows:-

 

A period of service not exceeding the shortest of –

a) A period of 5 years

b) A period which when added to reckonable service does not exceed forty years

c) The length of his/her effective service

d) The length his/her service would have been if s/he worked to sixty-five.

 

The phrases referred to in 15.3 i) and ii) above are further defined in the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 and these definitions will be applied as amended from time to time.

 

 

15.4 If (as an alternative to the provisions of 15.3, and at the request of the Teacher) the Governing Body agrees to grant the teacher discretionary compensation in accordance with Regulation 6 of the 1997 Regulations referred to above ("the 66 week rule") and as amended from time to time the teacher will not be entitled to the benefits in 15.3 i) and ii) above. This will apply to employees with a minimum of one year pensionable service.

 

 

15.5 Paragraphs 15.2, 15.3 and/or 15.4 only apply where:-

A fixed term contract is a contract for a definite period – i.e. when the contract commences both parties have agreed a date when it will expire and proper consultation has taken place as to the reasons for the use of a fixed term contract.

A casual contract is where a teacher works irregularly on an "on/off" basis with no fixed hours/times. For example a supply teacher.

A temporary contract is where a teacher is employed to cover a specific need for example sickness absence, maternity leave.

To assist teachers referred to the Employment Access Team to find alternative employment, the Council and the Governing Body of the School where the teacher is employed will allow reasonable time off with pay during the notice period, to enable such teachers to look for work or to make arrangements for training for future employment.

The time off should be agreed in advance with the teacher’s line manager. Wherever possible the school where the teacher is employed will accommodate the request. The following factors will be relevant when considering a request for time off: -

1) The effect of the teacher’s absence on the school.

2) The length of the teacher’s notice period.

3) Local difficulties in finding employment.

This list is not exhaustive.

Where the redundancy situation is as a direct result of the school reorganisation

 

1. This agreement does not apply to those teachers who as at the 23 March 2001 were supernumerary (that is without a substantive post) as a result of Bradford Local Education Authority reorganising its school system from a three tier system to a two tier system ( the school reorganisation). A list of such teachers is attached to Schedule 1 of the Additional Agreement to the Redeployment Retraining and Redundancy Agreement 1993 which was signed on 23 March 2001. This agreement will apply to such teachers as detailed below once they have accepted alternative employment in accordance with the additional agreement .
2. If a redundancy situation arises in a school as a direct result of the school reorganisation (as defined in 1 above) and

 

1. A teacher is selected for redundancy and

 

2. No suitable alternative employment can be found for the teacher concerned as defined in Section 5 of this agreement and

 

3. The teacher has not unreasonably refused two offers of suitable alternative employment

If the teacher wishes to leave on the grounds of redundancy the school's Governing Body or the Council will consider granting the following benefits;

 

1. A redundancy payment based on actual salary.

 

2. Access to pension with 5 years service being added to reckonable service for pension purposes (subject to the limit of 40 years service and age 65) or

 

3. As an alternative to granting redundancy and access to pension as above the Governing Body and/or the Council may allow access to the 66 week severance scheme to teachers under and over the age of 50 up to the age of 57, at age 58 to offer up to 50 weeks and over age 59 to operate a redundancy scale as attached.

 

4. The decision as to whether a redundancy situation in a school is as a direct result of the school reorganisation is a decision for the Council.

3. If by the end of the extended notice period the teacher concerned has not been offered suitable alternative employment the teacher’s employment will continue until such employment is found."