Redundancy from school 9 October 2018 at 9:09AM in Redundancy & redundancy planning 12 replies 2K views

phoenix1837

Hi, quite new here and certainly new to all this redundancy lark. I was wondering if any of you had experience of redundancy in schools. I am taking advice from my Union but there seems to be a stalemate at the moment between Union and HR. I am support staff and as such am paid 39 weeks of the year + 25 days statutory holiday pay and the whole lot is split over 12 months. My Union says I should receive 12 working weeks notice (so not including school holidays) but HR seems to think they can include school holidays. Anyone have any idea who is right and where I can find it in writing? Thanks in advance.

Comms69

phoenix1837 wrote: »

Hi, quite new here and certainly new to all this redundancy lark. I was wondering if any of you had experience of redundancy in schools. I am taking advice from my Union but there seems to be a stalemate at the moment between Union and HR. I am support staff and as such am paid 39 weeks of the year + 25 days statutory holiday pay and the whole lot is split over 12 months. My Union says I should receive 12 working weeks notice (so not including school holidays) but HR seems to think they can include school holidays. Anyone have any idea who is right and where I can find it in writing? Thanks in advance.

Statutory leave is typically 28 days (it's technically 5.6 weeks) so just clarify that one.


Typically notice is just a length of time, whether it's work time or not. But the union may have negotiated a different amount.
- we couldn't say.

phoenix1837

Thanks Comms, maybe I'll just let them fight it out, I'm too weary as it's been hanging over my head since July lol

getmore4less

How long have you worked there and probably more more important what does the contract say?

It is not unusual to have special clauses in school contacts that align notice to term schedules.



Where full timer are considered to get statutory holiday for 39 weeks working should be 5.6 * (39/46.4) = 23.45days


The final payments should be adjusted when leaving part way through a year based on how many weeks have been worked and holidays accrued for those against the number of weeks pay.

That will depend when the holiday(and pay ) year starts.

Comms69

getmore4less wrote: »

How long have you worked there and probably more more important what does the contract say?

It is not unusual to have special clauses in school contacts that align notice to term schedules.



Where full timer are considered to get statutory holiday for 39 weeks working should be 5.6 * (39/46.4) = 25.45days


The final payments should be adjusted when leaving part way through a year based on how many weeks have been worked and holidays accrued for those against the number of weeks pay.

That will depend when the holiday(and pay ) year starts.

Ah I see how they've done it. thanks

getmore4less

I made a typo on the number now fix(bold)

phoenix1837

I have 12 years continuous service in local government, so contract states 12 weeks notice but they go by the Green Book? I think that's what it's called, it the Burgundy Book for teaching staff. To be honest, I just want out now and although the extra 3 weeks pay would make a bit of difference, they could be awkward and make me work the extra 3 weeks instead.

lulu650

As far as I'm aware the notice period includes school holidays but the redundancy consultation period doesn't.

You really need to check with your union where they are getting the information from that school holidays are not included in the notice period. That is, where in the Green Book does it state this. You are paying them for their advice!

Sounds as if it to your advantage that the school's notice period is used

getmore4less

If this is starting from around now and the school pay/holiday year starts Sept then there should be an adjustment to the pay anyway to account for the weeks worked against amount paid.

the green book
https://www.atl.org.uk/Images/Green%20book.pdf

getmore4less

Interesting read of section 7

7. Leave
7.1 Public Holidays
Employees shall, irrespective of length of service, be entitled to
a holiday with a normal day’s pay for each of the statutory,
general and public holidays as they occur.
7.2 Annual Leave
The minimum paid annual leave entitlement is twenty days with
a further five days after five years of continuous service. The
entitlement as expressed applies to five day working patterns.
For alternative working patterns an equivalent leave
entitlement should be calculated

.



25 days may not be correct holiday entitlement for some one working 39 weeks, depends how many of the BH fall into the "working weeks" and how many fall into the rest of the year.

phoenix1837

I can't see anywhere in the Green Book any mention of redundancy.

I actually get an extra 4 days holiday a year as I have over 5 years service. Unfortunately, I am at the peril of the school as I wouldn't know where to start breaking down pay, holidays, BH's etc and seeing what my entitlement is. I do know that some of our BH's are used in half terms/other school holidays