Voluntary Rendundancy + Notice !

longstreak

Hi to All,
My partner is a teacher, the school where they work is merging and 1 teacher from their department needs to be made redundant. They have been offered voluntary redundancy at 2 weeks per year of service, she has worked their for 20 years. She has put herself forward for voluntary redundancy and she is the only one from her department to put herself forward.
The local authority have agreed that she can be made redundant assuming that any one of the other teachers dosen't get another job, dies or leaves etc. The LA have said that they can hang on till the 31st August to see if anybody leaves, dies etc.
Surely they need to give her a notice period as per her contract of employment which is 3 months, which means that they would have to inform her by the 31st May that this is "set in stone" and that she will definately being made redundant or if they insist on stretching it out to the 31st August they surely must have to give her 3 month notice from that date and then have to pay her till 30th November.

I can't believe that the LA is acting lawfully, that she could turn up on the 31st August not knowing whether she has a job or the redundancy payment.

Any advice would be great !

Thanks

SpendlessKaren

It is 1 weeks notice per year of employment, up to a maximum of 12 weeks.

Emmzi

depends. Normally notice would be paid in lieu or worked. However she is being offered way, way over statutory redundancy so that may be taken into account.

Without seeing the terms of the offer it's difficult to advise. Probably there will be a compromise agreement to sign and that should outline the details. Won't be until nearer the time though.

anamenottaken

SpendlessKaren wrote: »

It is 1 weeks notice per year of employment, up to a maximum of 12 weeks.

That is the minimum notice provided for by statute. Contractual notice period can be longer. (Of course employees are entitled to one week's notice after one month's service.)

getmore4less

Check the VR agreement.

As a voluntory agreement they could make it a condition that she agrees to waive notice. Just don't agree to this or any other condition that waives rights or payments.

Appropriate notice will then need to be given

They could give appropriate notice, but withdraw the redunancy if they need to retain her. Avoiding this senario is a bit harder.

Te_Awamutu

The School Teachers' Terms and Conditions Document gives you the information you need about redundancy for teachers (assuming you are in England or Wales).

Basically, your partner does need to be served with notice in writing by 31st May in order for her contract to end on 31st August. There is loads of paperwork that needs to be done by the school and the LA before this notice can be issued though, so if your LA is anything like mine (I work in a LA HR team) this notice is likely to come through in that last week before 31st May.

However, when your partner is issued with notice, this could still be recinded by the school/LA at any point up until 31st August if, as you say, someone else leaves/dies/etc. The school are not allowed to make someone redundant if there is a post vacant that they would have to recruit to.

I will say though that teachers who decide to resign from their post must do so by 31st May in order to leave by 31st August, so it is really unlikely that someone would resign during your partners notice period. I guess you just have to keep your fingers crossed that nobody dies between May and August

getmore4less

Te_Awamutu wrote: »

I will say though that teachers who decide to resign from their post must do so by 31st May in order to leave by 31st August, so it is really unlikely that someone would resign during your partners notice period. I guess you just have to keep your fingers crossed that nobody dies between May and August

The School/LA could accept a shorter notice knowing they have a backup.

One option is to look at counter notice by getting another job to try to force the redundancy

Barnabylovesicecream

Getting another job woukdnt be a good idea. Burgundy book conditions apply. She can't get another teaching job until the minimum period has passed or she will have to repay.

Has she taken into account the pension changes. Not good if she intends to teach again as would possibly be rejoining pension on much poorer terms.

Not just leaves or dies - they may get pregnant!

EconomicsGirl

Where I work (public sector) we have a 3 month notice period in our contracts. The employer has terminated contracts immediately in some cases and given 3 months pay in lieu of notice - this is taxable but they are paying it gross but not paying the pension on it and are saying HMRC may chase you for tax. I would definately check with the LA as to their exact plans and get it confirmed in writing what they are offering - I would guess she'ld get 3 months PILON. Also try the union.