Redundancy and Redeployment Policy
| Redundancy and Redeployment Policy (.pdf) |
|---|
1. Introduction
1.1 Aberystwyth University is committed to managing its staffing resource in the most efficient way possible and plans its staffing requirements carefully to meet the needs of the University. Because of business, organisational or technological developments, changes to staffing requirements are on occasions inevitable and as a consequence the need to reduce staffing levels in some areas may arise.
1.2 This policy supersedes all previous arrangements, but does not effect the individual protection arrangements already in place for those members of staff who have been redeployed prior to this date.
2. Aims of the Policy
2.1 The aim of this policy is to establish a transparent, equitable and legally compliant approach to managing redundancies and redundancy related redeployment for the University.
2.2 The University will aim to avoid compulsory redundancies and will consult with the appropriate trade union representatives and individual employees affected by any such proposals.
3. Scope
3.1 This policy applies to all employees, including those on fixed term contracts exceeding 12 months duration (see 3.2). The policy does not apply to those who are self-employed e.g. contractors and consultants.
3.2 Where a fixed term contract has exceeded 12 months duration and the reason for the non-renewal is redundancy this policy will apply. However, in circumstances where the non-renewal of a fixed term contract is for a reason other than redundancy, this policy will not apply. i.e. contracts to cover periods of sickness absence, maternity leave or secondments research leave, sabbaticals.
4. Definition of redundancy
4.1 Under Section 139 of the Employment Rights Act 1996, as amended, an employee is “taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to:
(a) The fact that his/her employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him / her, or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed, or;
(b) The fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where s/he was so employed, have ceased or diminished or are expected to cease or diminish”
5. Individual and Collective Consultation
5.1 The University recognises the difficult but key role that Trade Union representatives have to play when such situations arise. The University also recognises the right – and encourages all employees who are at risk of redundancies to use the entitlement – to be represented by their Trade Union or work colleague during this process.
5.2 Consultation will take place between the University and individual members of staff likely to be affected. Collective consultation is required in multiple redundancy situations where the University proposes to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less and will take place between the University and the appropriate trade union representatives in accordance with Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992. In all cases, consultation shall be undertaken by the Director of Human Resources or nominated representative.
5.3 The University will consult with its recognised trade unions in order to consider ways of:
- avoiding dismissals;
- reducing the number of employees to be dismissed;
- mitigating the consequences of dismissals.
6. Measures to Avoid and/or Minimise Redundancies
6.1 In order to maintain security of employment, the University may need to consider alternative working methods and practices, and flexibility may be required from employees in adapting to new staffing requirements, working methods and organisational needs.
6.2 The University will seek to minimise compulsory redundancies wherever practicable by means of the following measures which can be applied in the particular circumstances:
- Seeking volunteers for redundancy;
- Consideration of requests for early retirement;
- Filling vacancies from amongst existing employees by redeployment, transfer and or retraining if possible;
- Eliminating or reducing overtime working;
- Investigating the use of alternative working arrangements.
6.3 The University encourages employees to embrace such initiatives as redeployment, retraining or transfer to prevent or minimise the need for compulsory redundancies.
7. Voluntary Redundancy
7.1 As part of the measures to avoid and/or minimise redundancies, the University will, in appropriate circumstances, invite employees to volunteer for redundancy. This may be on a University wide or department specific basis.
7.2 If an employee expresses an interest in accepting this option they will be provided with an estimate of benefits by the Finance Department.
7.3 The University will agree to applications from volunteers only if it is in the managerial interest. For example, it may be necessary to reject applications in order to preserve special skills and/or experience and to retain a balanced workforce to meet the future needs of the University. Voluntary redundancy may not be the most appropriate mechanism for dealing with the expiry of fixed term contracts.
8. Selection Criteria
8.1 In the event that compulsory redundancies are unavoidable, a fair, consistent, objective and non-discriminatory selection procedure will be undertaken to determine which staff will be retained and which will be made redundant. The procedure will be based on transparent criteria, which takes into account the ongoing requirements of the University by reference to the skills, qualifications, absence (not related to a disability) and live disciplinary records, performance and other factors that can be evidenced. The University will seek to agree the criteria with the trade unions.
8.2 The University is committed to its Equality Scheme and to ensuring that it retains staff with the relevant skills and knowledge to meet both its ongoing business needs and the delivery of an efficient and effective service to students. An equality impact assessment of the selection criteria will therefore be undertaken prior to the application of any such criteria.
8.3 The selection process may take the form of a competitive process consisting of assessments and/or interviews.
9. Career Counselling/Advice
9.1 The University may also make available support and guidance should alternative work not be available within the University through the use of specialist organisations e.g. Careers Wales. In addition to this, the University may also provide support in the form of career advice, training, support with C.V. writing etc.
10. Redundancy Payments
10.1 Employees with 2 years’ service or more will be entitled to receive a Statutory Redundancy Payment (SRP). The SRP is calculated according to the member of staff’s length of service, weekly salary and age.
10.2 The University reserves the right to offer an enhanced redundancy payment in specific circumstances and this will be discussed with the trade unions during the consultation process.
10.3 Employees who are re-employed by the University within 4 weeks of their leaving date will, as a condition of re-employment, be expected to repay in full or in part their redundancy payment (minus notice pay and accrued leave).
11. Notice Period
11.1 The University reserves the right, to require employees at risk of redundancy or during their redundancy notification period not to attend their place of work for all or part of the time in question. In these circumstances, the employee’s contract will continue and the employee will continue to receive pay and benefits in the normal way. The employee will also remain bound by all of the obligations and restrictions set out in the contract of employment, including any confidentiality clauses, save the duty to attend work. The employee must within reason remain available to be contacted by the University
12. Appeals
12.1 All employees will be entitled to appeal against the decision to terminate their employment by reason of redundancy. This must be submitted in writing within 28 calendar days from the date of the letter of dismissal to the Registrar & Secretary of the University. The appeal will be conducted in accordance with the University’s Statutes 9 (Part V).
13. Policy Review
13.1 The Director of Human Resources will co-ordinate a review of the University’s Redundancy Policy on an annual basis to maintain compliance with legislation and good practice.
13.2 The review will be undertaken in liaison with the recognised trade unions and any proposed amendments will be submitted to Staffing Committee for approval.
13.3 The University is committed to embedding the Single Equality Scheme into its policies, procedures and practices. This policy has been equality impact assessed in accordance with this scheme.
