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Can a school make you redundant if they are hiring staff in your subject area?

Discussion in 'Pay and conditions' started by smatters, Mar 15, 2011.

  1. Last April my school made us aware that they would be making redundancies in several areas, including my own (MFL). Since September I have been teaching MFL and English, and talk of redundancies is still rife - with SMT saying that we will each know by the end of May.
    However, since then they have hired four members of staff who will start in September: 3 English teachers and now a new member of SMT who teaches MFL.
    Does anyone know where we stand with the redundancy issue? I didn't think that they could hire in subject areas they are making people redundant from, and yet I have no idea what they would fill my timetable with if they don't make me redundant! It doesn't quite make sense!
    Any advice is gratefully received! Thank you.
  2. DaisysLot

    DaisysLot Senior commenter

    It is the post and not the person that becomes 'redundant'. This may allow the appointed SMT member to retain their role as often such posts are advertised without subject specification and will utilise whatever their specialism happens to be counter to the fact they have been appointed for their specific management skills/role/duties. If a post within the structure becomes thus, then the process by which selection for redundancy is made has to be fair to all.
  3. If the school are intending to make posts redundant then it would appear foolish to recruit in the areas possibly at risk - but not illegal.
    The redundancy process itself is subject to strict legal rules which any sensible school would be very wise to follow to the letter, along with the advice of their LA. Unions will jump on any actual or possible transgression of the process.
    An employer does not make people redundant, posts go. The process has to start with a Section 188 letter to staff at risk. This is the letter which sets out the number and type of posts the employer is intending to reduce. It also has to set out the criteria for selecting those posts. There then has to be a consultation period, governed again by law. Only then can the employer declare the posts which are to go.
    If, at your school there is only talk and no formal process started, then I think it would be too late to start a process which would see postholders notified of redundancy by the end of May.
    BUT I am no expert and staff should be talking urgently to regional or county officers of their unions.
  4. Thank you very much. SMT has told us that redundancies will go ahead but that we will know by 31 May. I am guessing that they are hoping that we will go and find jobs elsewhere before this time so they don't need to make us redundant!
  5. Thank you very much for your advice! It's much appreciated.

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