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Impact on others when TLR role is made redundant.

Discussion in 'Pay and conditions' started by niamunna, Sep 3, 2017.

  1. niamunna

    niamunna New commenter

    I work in a school where the headteacher has deemed the roles of Foundation and KS2 leaders as unnecessary. The people in the roles previous to September are having their salaries protected for three years. My concern is that the people in each department will be left to do the day to day stuff (extra assemblies, duty, behaviour management) for no extra pay. I'm certain that I remember some union guidance stating that this should not happen, because in removing the role, you are essentially stating that there is no need for the responsibilities associated with that role. I'm the most experienced teacher in my department and applied to go to UPS 3 before the summer, and I've a feeling a lot of this is going to come knocking at my door! Any help or advice would be much appreciated.
     
  2. modgepodge

    modgepodge Established commenter

    Hmm. Im No legal expert but it seems to me, the things you mention - duties, assemblies and behaviour management - come under general teaching duties. If that's all the leaders were responsible for I'm not surprised the head has deemed them unnecessary!
     
    flyingcircusfreak likes this.
  3. frustum

    frustum Star commenter

    While someone is receiving protected pay, I think they can be expected to do some extra tasks. So they'll probably very gradually shift the balance from them to the rest of the department, making it harder for people to challenge. Add in a bit of staff turnover, and some people wont even know they're doing masses more than three years earlier. Good luck!
     
    Piranha likes this.
  4. Piranha

    Piranha Star commenter

    Unions like saying things like this, but there is nothing I know of in law to that effect. If the work can be split between others without breaking their contracts, the school is entitled to do it. I suspect that @frustrum is correct.

    But by all means consult your union if you think things are starting to go too far.
     
  5. GLsghost

    GLsghost Star commenter

    A true redundancy situation occurs when there is no longer any requirement for a particular role to be fulfilled (or alternatively not in that location or the business closes).

    An alternative situation can occur when an employer wishes to restructure, and roles go in a pseudo-redundancy situation. As long as an employer can show evidence of a policy to restructure for business reasons, he can do it. Any resistance to the restructuring and insistence on working to the original contract could eventually lead to a fair dismissal for Some Other Substantial Reason.

    It seems in this situation that a restructuring rather than a redundancy situation has occured. If, as has been suggested, the extraneous role involved behaviour management, assemblies etc it seems to me that this falls very much outside what a TLR should properly be for (nothing contributes to progress for example). It seems to me that these are activities that would very much enable a teacher on UPS to demonstrate the necessary 'substantial and sustained' commitment to the school.
     
    DYNAMO67 likes this.
  6. Piranha

    Piranha Star commenter

    @GLsghost, does the loss of a TLR, at least for somebody under STPCD, count as a redundancy situation? It is proved for in STPCD with protection of salary for three years. This happened to me a few years ago, although I managed to get a different TLR during the protected period so my pay never went down. By the way, your final paragraph seems to sum this situation well - thanks.
     
  7. GLsghost

    GLsghost Star commenter

    A redundancy is a dismissal, remember - potentially a fair one but potentially an unfair one too. A restructuring is not automatically a redundancy situation. Technically one may say that a redundancy situation may occur with the loss of a TLR, since the post goes. However, in mitigating the effect of this by offering the protection of 3 years' salary, the employer and employee are effectively agreeing a mutual variation of the terms of the original contract, with the protected salary a ring as 'consideration' to seal the deal.

    The package would be worth a lot more than redundancy pay and provides the employee with a reasonable 3 years to secure another post with a TLR under a new employer.
     
    Piranha likes this.
  8. danyb9999

    danyb9999 New commenter

    I have a situation at the moment where my Head of Year role has been removed in a restructure. Unfortunately I work at a private school and they are claiming they do not need a policy for restructuring and don't need to pay me safeguarding pay because they are an independent school. Do you know what the situation is here?
     

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