Legal and operational implications of reducing assistant headteacher positions

As highlighted in a recent Schools Week article, Government ministers have suggested that the rising numbers of assistant heads could be targeted for cost-cutting as schools are forced to make savings to fund future teacher pay rises.

The Department for Education has proposed a 6.5% pay increase for teachers over the next three years, without additional funding, citing a 45% increase in assistant headteacher roles since the 2011-12 academic year as an area for potential savings.

Funding pressures on schools and academy trusts

A 6.5% pay rise significantly increases schools' largest expense. Staffing typically accounts for 70-80% of school budgets, creating considerable financial pressure.

Reducing assistant heads who contribute to school management and stability could harm education quality and increase workload on remaining staff. This may trigger further redundancies and decrease morale and efficiency.

Key considerations for schools and academy trusts

1. Reduced staffing levels

Schools and academy trusts may need strategic employment measures such as redundancies and restructures. Conduct these processes fairly and without discrimination.

2. Changes to terms and conditions

Budget adjustments may require changes to employee terms and conditions. Implement any changes fairly and lawfully. The forthcoming Employment Rights Bill will make varying contracts more challenging once enacted.

3. Discrimination risks

Reducing assistant heads could trigger age discrimination if more experienced, higher-paid leaders are disproportionately affected.

4. Workload and health considerations

Redistributing responsibilities to stretched staff could harm morale and wellbeing, affecting recruitment and retention.

Practical recommendations for schools and academy trusts

• Seek legal advice early.
• Conduct thorough workforce planning and engage early with trade unions.
• Explore alternatives to redundancy, such as voluntary redundancy or reduced hours.
• Ensure procedural fairness and maintain clear records of decisions and consultations.
• Assess cumulative impact on remaining staff and plan smooth transition of responsibilities.

Conclusion

While Government views reducing assistant headteacher positions as cost-saving, schools must carefully consider legal and operational implications. The significant increase in assistant headteacher roles since 2011-12 reflects real operational needs. Cuts could shift costs to recruitment and potential legal claims. Schools must approach restructuring with comprehensive understanding of employment law and practical leadership requirements.

The employment education team at Browne Jacobson has extensive experience addressing employment law issues for schools, including large-scale restructures. We're ready to assist with queries.