CHILD PROTECTION

The Union has always taken a robust view on the subject of child protection. The NUT maintains that that no-one on the sex offenders register should be allowed to work in schools, stressing that children should never be put at risk. On Sky TV on 15th January, Steve Sinnott, the General Secretary, called for a fresh look at the inconsistencies regarding this matter across the country's private supply agencies.

REDUNDANCY

Deciding Staffing Levels
Under LMS, the Governing Body decides how many teachers should be employed in the school.

When a school declares a redundancy.

When a school thinks that it could be in difficulty meeting its salary bill, the Governors may decide to consider employing fewer teachers. This decision has to be taken before the actual budget is known, but the LEA will have indicated the likely situation, given the number of pupils on roll each January and budget strategy plans.

Section 188 Notices
The school should then issue a "Section 188" or precautionary redundancy notice, stating its proposals. Schools should do this whenever they intend to reduce the establishment of a school, even if they hope to solve it by somebody leaving or there are Fixed-Term Contracts.

The fact that a contract is temporary or fixed-term is not in itself sufficient reason to select for redundancy. No further action should be taken until the Section 188 consultation starts.

The Union's role
Any reduction in establishment is a job loss. The NUT will want to examine all proposals to reduce staffing. We may contest those proposals if there are feasible alternatives, checking the need to make savings, the curriculum, class size, etc. There should be a meeting of staff, to which the Unions are invited, to start this formal consultation process. From this point on, keep in constant contact with the NUT, especially if any members are thinking of volunteering.

Any Volunteers?
In the meantime, the Headteacher will seek volunteers for:
 reduced hours
 redundancy without retirement
 early retirement with redundancy

Selection
If all voluntary means fail, the governors will need to select for redundancy. They will consult with the Union about the criteria for selection, and issue a matrix for staff to complete, giving details of qualifications, experience and flexibility. If a member is selected, (s)he is entitled to Union representation at a first hearing and appeal. If these are not successful, the selected person is dismissed on the grounds of redundancy.

SAFEGUARDING

THE ENDING OF MANAGEMENT ALLOWANCES

From 1 January 2006 all MAs – whether or not a school has implemented a new staffing structure - become a safeguarded sum, which either lasts until the end of the existing fixed period or, in the case of MAs awarded prior to 1 April 2004 which had no end date, until 31 December 2008.

NOTIFICATION TO TEACHERS OF THE SAFEGUARDED SUM

Within a month of the publication of the revised staffing structure (i.e. no later than 31 January 2006) the relevant body must notify all teachers in receipt of management allowances in writing of –

• The value of their management allowance as at 31 December 2005.
• If the allowance was awarded for a fixed period, the latest date on which payment will cease. (For example if an MA was awarded from 1 September 2005 for one year, the teacher must be advised that payment will cease on 31 August 2006 at the latest.)
• The value of the point at which the teacher is placed on the main scale or upper pay scale, taking into account any pay increase or progression.
• The value of the safeguarded sum (i.e. the value of the MA minus any TLR awarded between 1 January 2006 and 31 January 2006 in this instance)
• Information about where a copy of the school’s staffing structure may be viewed.

REASONS FOR SAFEGUARDING TO CEASE

There are a number of basic ways in which safeguarding may cease. This will be the earliest of the following:

• at the end of the three-year period;
• at the end of the period for which the payment was originally made (for example, at the end of a one-year fixed-period management allowance);
• if the teacher receives a higher point on the pay scale/spine or a new or higher level allowance where the combined value of the new point and/or the new allowance value equals or exceeds the combined value of the old point and any safeguarded sum or sums;
• if the teacher’s employment at the school ends (other than in cases where general safeguarding applies);
• if the teacher is placed on a different pay scale or spine (except when a main scale teacher is first placed on the upper pay scale or in cases where general safeguarding or internal school reorganisation apply).