Retirement policy - schools

Retirement Policy

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Blandford St Mary Primary School Retirement Policy 1 Introduction 1.1 Blandford St Mary Primary School values the loyalty and commitment given by its employees and is therefore committed to continued employment beyond normal retirement age. Every consideration will be given to requests to work beyond normal retirement age.

In taking account of individual needs and pupil / wider school demands, the school will grant extensions to work beyond retirement age where reasonably practicable.

1.2 Blandford St Mary Primary School will also support all employees retiring from service.

1.3 The procedure attached in Appendix 1 establishes the school arrangements for working beyond normal retirement age and its approach to managing retirements. The procedure aims to make the transition from work to retirement as smooth as possible for employees of Blandford St Mary Primary School 1.4 This policy and procedure has been developed taking account of the Employment Equality (Age) Regulations 2006. The Governing Body, with advice from the Local Authority, will review the policy and procedure 12 months after its launch.

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This policy applies to all Blandford St Mary Primary School employees.

2.2 The Local Authority will not accept liability for any actions, claims, costs or expenses arising out of a school’s decision not to follow this recommended policy or procedure, where it is found that the school’s Governing Body has been negligent or has acted in an unfair or discriminatory manner.

3 Retirement Age 3.1 The normal contractual retirement age for all employees is 65 years. The intended retirement date for teaching employees is at the end of the school term in which the teacher reaches their 65th birthday. The intended retirement date for all non-teaching employees is the day before their 65th birthday.

3.2 Employees may make an application for an extension to work beyond their intended retirement date and all applications will be properly considered in accordance with the Requests to Work Beyond Intended Retirement Date – Consideration Procedure. (See Appendix 1) 3.3 The upper maximum age limit for employment with the school is 75 years, which means that the absolute retirement date for all employees is the day before their 75th birthday. This is to ensure that Blandford St Mary Primary School can maintain a balanced age profile within its workforce for the purposes of succession planning and recruitment and retention. Furthermore, establishing an upper maximum age limit will enable employees to make appropriate career and pension plans.

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Appendix 1 Requests to Work Beyond Intended Retirement Date – Consideration Procedure The new duty to consider procedure comprises four stages: Stage 1: NOTIFICATION At least 6 months but no more than 12 months before an employee is due to retire (i.e. for teaching employees, at the end of the school term in which the teacher reaches their 65th birthday and for non-teaching employees, the day before their 65th birthday), or reach their intended retirement date following a previously agreed extension to employment, the Local Authority, Human Resources, will write to the employee informing them of:  the intended date of retirement  their right to request to work beyond the default retirement age of 65 under the Employment Equality (Age) Regulations 2006 .

A copy of the notification letter will also be sent to the employee’s Headteacher.

(With regards to employees in the Local Government Pension Scheme, a copy of the letter will also be sent to the Local Authority Pensions Department.)

Stage 2: REQUEST TO WORK ON Up to 6 months and at least 3 months before the intended retirement date, the employee can make a request, to the Headteacher, to work beyond the intended date of retirement by completing the Employee Request Form (Appendix 2).

On the form, the employee must propose that their employment should either:  Continue indefinitely, or  Continue for a stated period, or  Continue until a stated date Stage 3: CONSIDERATION OF REQUEST The request must be considered in accordance with the guidance notes in Appendix 3.

The <SCHOOL> will support requests from employees to work beyond the age of 65 or any other later intended retirement date wherever possible.

In cases where the Headteacher intends to agree the request:  It will not be necessary to hold a meeting with the employee in cases where the Headteacher intends to agree the request, unless it would be helpful for clarification of working arrangements.  Within 10 working days of receipt of the employee’s request to remain, the Headteacher shall confirm in writing that the request has been granted. The letter will state the extension period granted, the new intended retirement date and that the employee may make a further request to work beyond their new intended retirement date within the timeframes stated under stage 1. (Model letter 1a) In cases where the Headteacher may not be able to agree the request:  Within 10 working days of receipt of the employee’s request to remain, the Headteacher will hold a meeting with the employee, to consider the request. This 3

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timescale may be varied by mutual agreement. The employee has a right to be accompanied to the meeting by a friend, colleague or trade union representative (but not in the capacity of a practising lawyer). The Headteacher may invite a Human Resources Officer to attend if appropriate*. (Model letter 1b) A record of the decision must be made on the Employee Request Form – Appendix 2.

Within 5 working days of the meeting, the Headteacher will write to the employee advising them of the outcome of the meeting and of the employee’s right of appeal, including a copy of the completed Employee Request Form. (Model letter 1a if the request is granted or Model letter 1c if the request is not granted.)

NB: The individual’s employment continues until the decision has been issued, even if this is beyond the original retirement date.

Stage 4: APPEAL An employee can appeal against the decision within 10 working days after having received confirmation of the decision.

The employee must set out their grounds for appeal in writing, to their Chair of Governors The employee’s appeal must be based on any of the following: (a) That the employee does not agree that the actual reason for terminating their employment is retirement, or if they feel the reason for retirement is not justifiable. (b) If the consideration procedure has not been properly followed. (c) If an employee wishes to challenge the terms of any agreed extension e.g. the extension has been agreed for a lesser period than that applied for.

The appeal will be heard by a panel of 3 governors, advised by an HR Officer *.

Within 5 working days of the appeal hearing the Chair of Governors will confirm in writing to the employee the outcome of the appeal. If employment is extended to a new fixed retirement date, there is no further obligation to give notice or follow the duty to consider procedure, provided that the new date is no more than six months after the original proposed retirement date.

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A Human Resources Officer, if invited, will only attend to advise those schools who purchase the Employee Relations Service Level Agreement.

Transitional arrangements For those employees due to retire between 1st October 2006 and 31st March 2007, the employee will be invited to lodge a request to consider working beyond retirement no later than 4 weeks before their intended date of retirement. However, employees will be advised that they may make a request later than this and that due consideration will be given to it.

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Appendix 2 Request to Work Beyond Intended Retirement Dateâ&#x20AC;&#x201C; Employee Request Form Section A of this form should be completed by employees who wish to request to work beyond their intended retirement date. All requests must be considered by the Headteacher in accordance with Blandford St Mary Primary School Retirement Policy and procedure.

The decision must be recorded by the Headteacher, under Section B on this form and a copy of the form should be given to the employee and to Human Resources.

Where a new intended retirement date is agreed, employees will be written to by Human Resources at least 6 months and within 12 months of this date and have the right to request a further extension if they so wish.

Section A (to be completed by employee and submitted to the Headteacher for consideration) Employee name

Job Title

Intended retirement date (as notified) Line Manager

Line Manager Job Title

Details of request (including length of extension requested i.e: whether the extension is for an indefinite period, for a stated period or until a stated date) Section B (to be completed by Headteacher) 1. Date of meeting to consider request and persons attending (where applicable) 2. Headteacher Decision (delete as appropriate) a. Request accepted in full b. Request accepted in part c. Request declined

- Go to section 4 - Complete section 3 - Complete section 3

3. Reason For Part Acceptance of Request or Retirement (it is important to record full reasons for the decision) Workforce Planning Reasons (Please Other Reasons (Please explain) explain)

4. Details of any special conditions agreed (e.g. review dates etc,)

5. New intended date of retirement (if applicable) NB: A copy of this form should be copied to the employee and to HR Support Services as the basis to notify the employee of the contractual change and as a record for the personal file.

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Appendix 3 Guidance for Headteachers Considering Requests to Work Beyond Intended Retirement Date INTRODUCTION As of 1st October 2006, employees have a statutory right to request to work beyond normal retirement age. Schools must therefore properly consider any request received in accordance with the guidance below and the consideration procedure in Appendix 1.

The Headteacher should deal sensitively with requests and consider employee wellbeing as well as the operational needs of the school. The Headteacher should ensure that they are fully aware of the employee’s wishes. It may be possible to negotiate arrangements that accommodate the needs of both the school and the individual.

The Headteacher should ensure that if any request is declined, a decision to retire an employee is reasonable and justifiable. If a request to extend employment is declined, the employee will be deemed to have had their employment terminated on the grounds of retirement. Retirement should not be given as a reason for the termination of employment unless it is justifiable. No employee should have their employment terminated through this procedure on the grounds of capability or conduct. If there are concerns about capability or conduct these should be dealt with in accordance with the appropriate school policy.

CONSIDERATION OF REQUESTS When considering requests, the Headteacher should take account of workforce planning issues and the need for risk assessment if potential risks are identified.

Workforce Planning When considering workforce planning issues, the Headteacher should take account of:  the age profile of the school and the implications for succession planning;  current or predicted recruitment and retention issues;  the skills profile within the school;  the demands on the school and whether the current profile of skills are likely to meet future needs taking into account the school improvement plan.

Risk Assessment A risk assessment may need to be undertaken where there is an identified risk in respect of an employee or pupils’ health and wellbeing. Where the risk assessment identifies the need, an occupational health report may be commissioned as part of the consideration of a request. Where there is an identified risk, any agreement to extend an individual’s employment may be subject to arrangements to manage that risk. For example, an extension may be agreed subject to annual medical checks, or consideration of reasonable adjustments to take account of health issues EMPLOYEE APPEALS Employees have a right to appeal to their Chair of Governors. The grounds for appeal will be as follows: a) if an employee does not agree that the actual reason for terminating their employment is retirement, or if they feel that the justification given for retirement is not justifiable, or; b) if the Consideration Procedure has not been properly followed, or; c) if an employee wishes to challenge the terms of any agreed extension e.g. the extension has been agreed for a lesser period than that applied for.

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