Appendix 11 Extracts from Policy for redundancy, premature retirement and severance payments for school based staff – July 2016 This document sets out the Council’s approach to funding either part or all of the costs arising from Governing Body decisions relating to teaching and support staff redundancies, premature retirement costs and severance agreements within Maintained (voluntary, community and Foundation) schools. This guidance is intended to support the existing HR polices including Guidance for managing redundancies in schools. This does not supersede or replace polices in these areas and schools are advised to work with their HR Advisors/ Payroll Provider throughout any redundancy process. This document is purely concerned with the process and timescales associated with decision making on how to fund termination costs for the affected staff. Scope This policy will apply to all maintained schools (voluntary, community and Foundation schools) but excludes academies who are responsible for their own finances. Consultation with Schools Forum July 2016 Policy takes effect from September 2016. Background In relation to funding the early retirement and redundancy costs, Section 37 the Education Act 2002 clearly states: (4) costs incurred by the local education authority in respect of any premature retirement of a member of the staff of a maintained school shall be met from the school's budget share for one or more financial years except in so far as the authority agree with the governing body in writing (whether before or after the retirement occurs) that they shall not be so met (5) costs incurred by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school shall not be met from the school's budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.
Appendix 11 Extracts from Policy for redundancy, premature retirement and severance payments for school based staff – July 2016 This document sets out the Council’s approach to funding either part or all of the costs arising from Governing Body decisions relating to teaching and support staff redundancies, premature retirement costs and severance agreements within Maintained (voluntary, community and Foundation) schools. This guidance is intended to support the existing HR polices including Guidance for managing redundancies in schools. This does not supersede or replace polices in these areas and schools are advised to work with their HR Advisors/ Payroll Provider throughout any redundancy process. This document is purely concerned with the process and timescales associated with decision making on how to fund termination costs for the affected staff. Scope This policy will apply to all maintained schools (voluntary, community and Foundation schools) but excludes academies who are responsible for their own finances. Consultation with Schools Forum July 2016 Policy takes effect from September 2016. Background In relation to funding the early retirement and redundancy costs, Section 37 the Education Act 2002 clearly states: (4) costs incurred by the local education authority in respect of any premature retirement of a member of the staff of a maintained school shall be met from the school's budget share for one or more financial years except in so far as the authority agree with the governing body in writing (whether before or after the retirement occurs) that they shall not be so met (5) costs incurred by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school shall not be met from the school's budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.
Guidance%20for%20managing%20redundancies%20in%20schools%20Sept%202016.docx