Redundancy and Redeployment Procedure
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Stage 1
1. Proposal
1.1 Where potential changes are proposed to a service or function which may have implications for the staffing structure of a department, a business plan must be considered by Planning Group. Prior to submitting these proposals, the manager should consult with the Director of Human Resources or nominee who will advise on the potential staffing implications of the draft proposal.
1.2 Redundancies may occur in the following circumstances, although this is not an exhaustive list, (nor will redundancies always occur in the following circumstances):
(i) As a result of departmental re-structuring, or a change in strategy and focus;
(ii) The closure or reduction of a particular function or service;
(iii) Where the work of a particular type ceases or diminishes resulting in the reduction in the number of posts within a specific group, area or department;
(iv) An expiry of a fixed term contract exceeding 12 months duration in a redundancy situation.
Stage 2
2. Approval
2.1 Following consideration of the proposed draft business case, and where this may involve the possibility of redundant posts, the Vice–Chancellor will advise the University Council that there may be a requirement to reduce staff numbers.
Stage 3
3. Redundancy Committee
3.1 The Council will refer the issue to the Standing Redundancy Committee to determine the need to reduce staff numbers in accordance with the Statute 9 (Part II). The Committee will be constituted in accordance with sub paragraph 11 (3) of Statute 9 Part II.
3.2 The Redundancy Committee shall be convened for the purposes of this procedure in relation to the possible dismissal of staff on the grounds of redundancy. The purpose of the Committee is in accordance with Para 11 (1) and 11(2) Statute 9 Part II.
However, the establishment of a Redundancy Committee under this paragraph 3.2 shall not bestow any power on that Redundancy Committee other than as set out in this procedure.
Stage 4
4. Individual and Collective Consultation
4.1 Individual consultation is necessary for all individual redundancies. In the case of collective redundancies 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 the dismissals
The purpose of the consultation is to provide as early an opportunity as practicable for all concerned to share the problem and explore the options.
4.2 The Director of Human Resources will notify the recognised and appropriate trade unions in writing once 20 or more redundancies are proposed and provide as much information as possible in accordance with legislative requirements. The information given to the recognised trade unions will include:
- A copy of Form HR1
- the selection criteria, if applicable, being used to select the posts;
- the ‘related skills matrices’ and the intended selection ‘pools’;
- the nature of any enhanced voluntary redundancy packages.
4.3 Consultation with the recognised trade unions will commence:
(i) At least 30 days before the first of the dismissals is due to take effect where it is proposed to dismiss at least 20 but fewer than 100 employees at one establishment within 90 days or less;
(ii) At least 90 days before the first of the dismissals is due to take effect where it is proposed to dismiss 100 or more employees at one establishment within a period of 90 days or less.
4.4 The trade unions will be given an opportunity to comment on the information, provided pursuant to paragraph 4.2 above, before it is finalised.
4.5 The University will also consult with individuals irrespective of whether or not they are members of a recognised trade union. Formal consultation with individuals will not begin until the recognised trade unions have been informed of the situation including consultation about selection criteria, skills matrices and selection pools. Where fewer than 20 redundancies are proposed a series of separate consultation meetings will be held with all individuals who are identified as potentially redundant or have been identified as belonging to a specific selection pool.
4.6 If the University is offering a voluntary redundancy package, staff will be invited to submit their applications to the Director of Human Resources. Consideration of the applications will be based upon the University’s business needs, with a view to maintaining the appropriate skills, qualification and experience to enable the University to meet its business needs. There is no obligation on the University to accept an offer of voluntary redundancy made by a member of staff.
4.7 Once an employee has been informed that they are ‘at risk’ of redundancy, they will have the right to be accompanied at any subsequent meetings by their trade union representative or a work colleague.
Stage 5
5. Methods of Selection for Redundancy
5.1 The initial selection pool will be determined at proposal stage. The need to maintain a balanced, skilled and experienced workforce is paramount and will be taken into account fully in the construction of any pool at team, departmental or institutional level.
5.2 The precise selection criteria applied to any pool will vary according to each redundancy situation and agreement will be sought with the appropriate trade unions. Please refer to Guidance Notes for Heads of Departments for further details of the types of selection methods available.
5.3 Where selection criteria are utilised, they will be based on merit taking into account for example skills, qualifications, experience, performance, disciplinary and sickness absence records.
5.4 Where a competitive selection process is to be used, this may take the form of assessments and / or interviews. Staff will be assessed against the essential and desirable criteria as specified in the person specification of the job description for the post
Stage 6
6. Submission of final Redundancy proposal to the Redundancy Committee and Council
6.1 Following consultation, selection criteria and the posts identified through the process will be submitted to the Redundancy Committee for its consideration.
6.2 Where required to do so in accordance with the Statute 9 (Part II), the Redundancy Committee will report their recommendations to the Council.
Stage 7
7. Redundancy notification letters
7.1 Following receipt of approval to proceed with the redundancies (where required), or on consideration and approval of the redundancies, Council will instruct the Director of HR to issue the notice to terminate employment to all individuals affected.
7.2 All employees will be given written confirmation of the way in which their redundancy pay has been calculated in their notification letter.
7.3 Should any employee ‘at risk’ of redundancy wish to receive an estimate of redundancy benefits they should contact the HR Department which will then arrange for the estimate to be sent to their home address. Where an employee also requires an estimate of their pension benefits then they should contact the Payroll Manager. Pension estimates may take up to two weeks to process.
Stage 8
8. Alternative Employment
8.1 Eligible staff shall be placed on the redeployment register for the duration of their notice period or alternatively for no more than three months (defined as the redeployment period).
8.2 Any extensions to the redeployment period shall be on an exceptional basis and be dependent upon individual circumstances. Extension of the redeployment period beyond the notice period shall require the approval of the Director of Human Resources.
8.3 Redundancy notice periods shall run concurrently with the redeployment period.
8.4 Employees are expected to play an active role in identifying suitable alternative employment and where they consider a post as potentially suitable, they must complete the application form, highlighting on the front page in red ink “Redeployment Application” and submit to the Recruitment Team prior to the vacancy’s closing date.
8.5 All vacancies available during the consultation period will be published on the Human Resources website and discussions will take place with the employee concerning any vacancy the individual deems suitable. Where appropriate, training will be provided to enable employees to move into areas of the University not fully covered by their original training or recent experience. This training will be agreed if it will enable the employee to undertake the full range of duties required for the alternative employment within a six month period.
8.6 All ‘redeployment applicants’ whose application meets the essential criteria of a post will be invited to an interview in accordance with the Recruitment & Selection procedure.
8.7 Where a member of staff has received an interview for a post but has not been selected for appointment, written reasons based on the requirements of the post, shall be provided by the Appointing Panel to the Director of Human Resources. In such circumstances, feedback will be provided to the member of staff by the Appointing Panel.
8.8 Suitable alternative employment is defined as posts arising of the same grade or the grade below and includes posts in alternative staff categories and posts occurring in alternative University locations.
8.9 Alternative work is defined as any post arising at more than one grade lower and includes posts in alternative staff categories and posts in alternative University locations. Where employees ‘at risk’ of redundancy are prepared to accept a lower graded post, or are prepared to accept part time employment, they should inform the HR Department as soon as possible so that all potential redeployment options can be explored.
8.10 Employees who accept the offer of suitable alternative employment or alternative work are entitled to a trial period of 4 weeks. The trial period will give both the employee and the University an opportunity to assess whether the new job is in fact suitable. Trial periods will not affect any subsequent claim for redundancy payments unless the new post is unreasonably refused. With the agreement of the Director of Human Resources, a longer trial period may be agreed where it can be demonstrated that the requirements of the post would warrant it.
8.11 At the conclusion of the trial period the manager and the member of staff shall advise the Director of Human Resources, in writing, whether or not the appointment is regarded as successful. Where the appointment cannot be confirmed this must be supported by written reasons which shall be reviewed by the Director of Human Resources or nominee. Where these are accepted, alternative courses of action shall be discussed with the member of staff.
8.12 Where an employee unreasonably refuses an offer of suitable alternative employment, they will forfeit their right to a redundancy payment.
Stage 9
9 Time off to look for work/ Supportive measures
9.1 Employees under notice of redundancy are entitled to reasonable time off work to look for a new job, attend interviews or arrange training. Time off must be agreed with the employee’s line manager prior to the event. Employees may be asked to provide details of appointments/interviews etc.
9.2 Employees under notice of redundancy who obtain employment with a different employer may ask for an earlier release date from that specified in their notification letter. The University will consider all reasonable requests from employees in accordance with the ongoing needs of the University.
9.3 The Univeristy will also consider the following supportive measures where appropriate for those selected for redundnacies:
- Access to independent and confidential Counselling via the University’s provider;
- On site workshops from organisations such Careers Wales, DWP, Inland Revenue etc
- Signposting internal Staff Development courses;
- Access to the internet where no access exists to search for alternative employment, including University vacancies;
- Provision of support in CV writing or interview skills and advice on the completion of external job application forms;
- Provision fo support in developing spin-out initiatives;
- Consideration of financial support to attend training courses either internally or with external providers to enhance employability (please note this assistance may be constrained by the number of applications and cost benefit analysis);
- To actively support applications for alternative funding for a particular project within the appropriate timeframes available;
- Outplacement support;
- Time off to seek financial advice.
Stage 10
10. Appeal – termination of employment
10.1 All employees will be entitled to appeal against the decision to terminate their employment by reason of redundancy.
10.2 An employee must submit their appeal against the decision in writing to the Registrar & Secretary of the University within 28 calendar days following receipt of the written notice to terminate employment by reason of redundancy, setting out the grounds for the appeal. Examples of grounds for appeal could include selection for redundancy; the reason for dismissal was not redundancy or procedural irregularities. This is not intended to be an exhaustive list.
10.3 The Registrar & Secretary will notify the Council of the appeal received and will confirm with the individual that this has been done.
10.4 The Council will appoint a person (in accordance with the Statute 9, Part V where appropriate) to hear and determine the appeal.
10.5 The employee bringing the appeal is entitled to be represented by another person, whether such person be legally qualified or not.
10.6 A hearing will be called at which the appellant and their representative are entitled to be present. With the consent of the Appeal Panel, the appellant will be given the opportunity to call witnesses.
10.7 The Appeal Panel will ensure that they make sufficient provision for postponements, adjournments, dismissals for want of prosecution and for the correction of accidental errors.
10.8 The Appeal Panel may set appropriate time-limits for each stage to ensure that the appeal is heard as soon as is reasonably practicable.
10.9 The Appeal Panel may allow or dismiss the appeal in whole or in part, and may remit an appeal to the Council for further consideration.
10.10 The Chair of the Appeal Panel will ensure the decision about the appeal together with findings of fact different from those come to by the Redundancy Committee is communicated to the Vice Chancellor and to the parties to the appeal.
