On the go
Financial pressures might mean that some independent schools are making job cuts to balance the books. John Richardson suggests, however, that there may be ways for schools to avoid compulsory redundancies
As the largest trade union and professional association in the independent sector (with 20,000 teaching and support staff members), the Association of Teachers and Lecturers (ATL) is seeing the impact of the recession at first hand. We have members in approximately 1,700 independent schools – a greater coverage than, say, the ISC.
In the past year alone, we have seen around 25 independent schools close or announce closure. While predominantly this has been in small prep schools, more recently St David’s School, a 300-year-old day and boarding school in Middlesex, up to age 18, closed at the end of the summer term 2009. Of course, overall, the independent sector is robust and will ride out the storm. But, in the meantime, ATL’s regional and branch officials are supporting growing numbers of members faced with the threat of redundancy. We are concerned that independent schools should take the right approach if, and when, they face making redundancies.
Not enough
While many independent schools follow good employment practice, unfortunately far too many provide no more than the basic statutory requirements. For instance, it is not uncommon for even well-known independent schools to pay redundancy at the statutory minimum that all employers must pay, even the cornershop. Independent sector employers should be leading by example – not bringing up the rear.
In August 2009, following a successful hearing in the Industrial Tribunal, ATL won £56,500 for a member who was unfairly dismissed by her independent school employer, by reason of redundancy. Eveline Gordon had loyally served Rockport School, in Northern Ireland, for 19 years. The school did not have a written redundancy policy. The Industrial Tribunal ruled that Mrs Gordon was dismissed without regard to due process and that the redundancy exercise conducted by the school was a “sham”.
Nigel Richardson, the former chairman of HMC, said in the May 2009 edition of this magazine: “Our amazingly talented teachers are our greatest resource.” ATL wholeheartedly concurs; we also recognise the invaluable work of support staff as well. But are independent schools looking after their “greatest resource”? What can be done to ensure that schools not only meet statutory requirements, but also follow best practice? What can independent schools do to avoid compulsory redundancies?
The whole-school approach
It is not always possible to avoid making someone redundant. However, by following best practice, an employer maximises the opportunity for alternative solutions to be found. The employer must also bear in mind the legal obligation to do everything practicable to avoid redundancy. Of course, having a fair, transparent and timely redundancy procedure is necessary.
When a redundancy is being considered, governors and senior management should take a whole-school approach, looking beyond the post nominated for deletion to review whether rationalisation is possible. For example, let us say that a nursery attached to a school is not attracting enough pupils and someone will have to be made redundant. It does not mean per se that the nursery school teacher’s employment at the school should cease. It may be that the person in the post has training, experience and expertise extending beyond the nursery age group and it may be that he or she could be employed elsewhere in the school. Or it may be that teaching colleagues are planning to retire or terminate their contract with the school on other grounds; a vacancy could arise that the employee facing redundancy could fill.
The whole-school approach is based on the premise of an assessment of the school needs and curriculum requirements. That is the first step. Only then can it be properly assessed whether staff skills and experience are sufficient to perform a different role.
As general good practice, employees should be invited to complete a skills audit that has been drafted in consultation with staff. A common approach is to invite staff to volunteer for redundancy, as this could remove the need for a compulsory redundancy. Having completed a curriculum needs audit and skills audit, a discretionary voluntary redundancy scheme could be offered to staff generally. It may be that a potential match and redeployment is possible.
If there are no volunteers, or appropriate match, then the skills audit can be scored to establish which colleagues have the most to offer to the school.
Pulling together
ATL strongly recommends the early involvement of staff and their professional advisers. The more time there is to solve a problem, the more likely a successful resolution.
Involving staff also helps to engender collective responsibility. Staff may provide the solution. ATL has recently advised members in several independent schools who have volunteered to cut their hours to save the job of a colleague in their department. In other recent cases, members have collectively agreed to forgo their annual cost of living increase. Peter Walker, ATL national executive member for Norfolk, recently helped two members reach an amicable agreement on voluntary redundancy with their independent school. He says: “While it is not for everyone, voluntary redundancy can be a positive choice for some. It avoids the potentially damaging effects on an individual’s self-esteem or their ability to pay their bills. On a collective staff level, a voluntary redundancy scheme helps to maintain staff morale.”
ATL recommends that all independent schools should have:
• a fair, transparent and timely redundancy procedure;
• redundancy pay based on actual salary as a minimum;
• provision for early and meaningful consultation with staff and their professional representatives;
• a policy to avoid compulsory redundancy wherever practicably possible;
• a long-term strategic plan, including financial planning, demographic analysis, and marketing strategy; and
• membership of a relevant professional body such as AGBIS or ISBA.
John Richardson is the national official for the independent sector for the Association of Teachers and Lecturers.
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