Redundancy policy

Introduction

The University recognises the contribution made by staff to the achievement of its aims and objectives in the areas of teaching, research and support services.  It also recognises the importance of security of employment for staff and the desirability of avoiding redundancy.  As far as possible the University is committed to protecting the employment of its staff.  However, there may be occasions when the University is subject to a range of internal and external factors, such as economic pressures, decreased student numbers/demand, expiry or changes to funding or academic, organisational or technological developments which influence and may reduce its staffing requirements.

The University and its recognised Trade Unions DUCU, UNISON and Unite (the campus unions) are jointly committed to seeking measures to avoid redundancies or minimise their impact where possible through the process outlined in this policy and the University’s Redundancy Avoidance Policy.

The University is committed to handling staff affected by redundancy in a fair, equitable, consistent and sensitive manner.

This policy does not affect any member of staff’s statutory rights.

Scope

The Redundancy Policy and Procedure will apply to all members of staff, including those on maternity, sickness and other types of leave and to those who are seconded to other organisations but retain their contract of employment with the University.

The Redundancy Policy and Procedure will not apply to Associate or Honorary members of staff.

Special arrangements may require to be made for staff that are seconded to the University who work in a School or Directorate where staff are at risk of redundancy.

Definition of redundancy

Legally, redundancy occurs if employees are dismissed due to one of the following reasons:

• the employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was so employed
• the employer has ceased, or intends to cease, to carry on the business in the place where the employee was so employed
• the requirements of the business for employees to carry out work of a particular kind has ceased or diminished or are expected to cease or diminish
• the requirements of the business for the employees to carry out work of a particular kind, in the place where they were so employed, has ceased or diminished or are expected to cease or diminish

Measures to avoid or minimise compulsory redundancy

The University, in consultation with the recognised campus unions, will consider all reasonable measures to avoid or minimise the effect of compulsory redundancy in accordance with the University’s Redundancy Avoidance Policy.  In so doing the University will consider potential redeployees for posts across all University locations and campuses.

Collective redundancy

According to the Trade Union and Labour Relations (Consolidation) Act 1992 a collective redundancy situation would arise in a situation where the University proposes to make 20 - 99 employees redundant for a reason not related to the individual over a period of 90 days or fewer, in which case the legislation states there must be a period of at least 30 days collective consultation before the first dismissal.

For 100 or more proposed redundancies for a reason not related to the individual over a period of 90 days or fewer, the legislation states there must be a period of at least 45 days collective consultation before the first dismissal.

Collective consultation

For guidance on the University’s approach to collective consultation refer to the Redundancy Avoidance Policy.

Individual consultation

In addition to collective consultation, members of staff at risk should also be consulted on an individual basis.

The member of staff at risk will be invited to an initial meeting with the Dean/Director (or senior member of the School/Directorate, nominated by the Dean/Director) and they will be entitled to be accompanied by their trade union representative or a work colleague.

Members of staff at risk will be advised:

• that they are a potential candidate for redundancy (i.e. at risk)
• how their position may be affected
• of the selection criteria
• of the way in which they may be selected for redundancy
• how the redundancies are to be carried out including the period of time over which it is proposed the redundancies are to be implemented
• what consideration has been given to the possibility of alternative employment and confirmation that alternative employment opportunities will continue to be sought throughout the consultation process and, if appropriate, throughout the notice period.
• If no suitable redeployment opportunities are available that the member of staff will, unfortunately, be dismissed on grounds of redundancy.

The Dean/Director or delegate will ensure the member of staff has a full opportunity to make representation as to how their redundancy may be avoided or the effects of the potential redundancy minimised for them, and for this to be given serious consideration.  The Dean/Director or delegate must consider the member of staff’s representation in accordance with provisions of the Redundancy Avoidance Policy.

A second meeting will be arranged, ideally at least two weeks after the first meeting, and the member of staff advised that they may again have trade union or work colleague representation.   At this meeting the member of staff will be given the opportunity to submit any further representations which have occurred to them since the initial meeting.

Further individual consultative meetings may be necessary depending upon the input from the member of staff, information that needs to be discussed on an individual basis (e.g. redeployment) and the timescale of the change programme.

Individual periods of notice

Individual notices of dismissal will not be issued to members of staff in a collective redundancy situation until the collective consultation period of 30 or 45 days (as appropriate) has been exhausted.

The required notice period will depend on the member of staff’s contract of employment and statutory requirements.

Selection pools

As a starting point, the University will consider the type of work that is ceasing or diminishing and which people actually do that work.  The composition of selection pools will depend on the specific circumstances but may require to take account of, for example:

• whether similar work by other groups of employees to the group from which selection pool group is carried out
• whether employees’ jobs are interchangeable
• whether an employee’s inclusion is consistent with their previous position
• whether the selection pool was agreed with the relevant union/s

The University will consult with the campus unions about the composition of selection pools, selection criteria, weightings and the selections process at, or outwith, Collective Consultation meetings. The People Support team will be involved actively at all stages of this process.

An Equality Impact Assessment will be conducted when the selection pool/s have been created.

Selection

Selection for appointment for posts and potential redundancy will be based on a combination of approaches including:

• a paper-based, matrix approach process, whereby the ‘at risk’ pool of staff are identified and they are objectively assessed and scored against the selection criteria.
• a dialogue between each individual in the selection pool and the assessor/s about the member of staff’s assessments against the selection criteria.  The assessor/s must take account any relevant input that would alter the assessment.

Where appropriate, an interview based on the selection criteria.

Where there is a ‘pool’ of one person, who has unique skills and where it is obvious they are the most suitable person to fill a unique post, the member of staff may be appointed direct to the post, provided no-one else needs to be considered.

Where a member of staff is displaced by this process, the University is obliged to deal with them in accordance with the Redundancy Avoidance Policy.

Selection criteria

Once the selection pool has been identified the Dean/Director and Senior People Partner will, in consultation with the campus unions, decide the criteria to be used in the selection process (see also Procedure for Managing Organisational Change). The relevant campus union/s will be consulted on the selection criteria chosen and their input will be considered seriously.  However the final decision as to the appropriate criteria to be used will remain with the Dean/Director.

The selection criteria will be developed and applied in an objective and fair manner.  The process will involve the Senior People Partner who will be responsible for ensuring the selection criteria are applied to all staff who are at risk in a fair, equitable, consistent manner.

The School/Directorate, in consultation with the campus unions and involvement of their Senior People Partner, will identify appropriate selection criteria for each post in the new organisational structure.  If agreement cannot be reached it will be for the University to decide on the selection criteria.

The University commits to avoiding unfair discriminatory practices.  No member of staff will be selected for redundancy on the grounds of any protected characteristic or part-time, fixed-term, maternity leave or trade union status.

The selection criteria may, as appropriate, include some of the following and must be tailored to the individual job description:

• knowledge
• skills
• decision-making
• communication
• teamwork
• collaboration
• teaching
• research
• organisational ability
• staff management (including team leadership/supervisory ability)
• problem-solving
• leadership
• productivity
• attendance record (excluding disability-related and equality absences)
• disciplinary record (current)
• length of service (a maximum of 5 years can be scored)

The above selection criteria are in no particular order, represent examples and are not exhaustive.

Weightings may be applied, in consultation with the relevant campus union/s, to criteria where appropriate or where considered to be particularly important.

An Equality Impact Assessment will be conducted when the selection criteria have been identified.

Fixed-term contracts and expiry of fixed-term funding

As of 6 April 2013, the normal expiry of fixed-term contracts are excluded from Collective Consultation.

Redundancies resulting from the expiry of permanent contracts with fixed-term funding will be subject to the University’s Avoidance of Redundancy Policy.

Selection panel: Standing redundancy committee for academic staff

For potential redundancies affecting academic staff previously covered by Statute 16 i.e. Lecturer (Teaching & Research); Lecturer (Teaching & Scholarship); Senior Lecturer (Teaching & Research); Senior Lecturer (Teaching & Scholarship); Reader, Professor and including the University Secretary and the Director of the Library and Learning Centre, the University Court will appoint a Standing Redundancy Committee comprising:

• a Chair, who is a lay member of Court
• two lay members of Court
• two academic members of staff, nominated by Senate
• a member of the People Support team, in attendance

The remit of the Standing Redundancy Committee is to consider:

• the written management case and a summary of the consultation undertaken for academic redundancies
• any written responses to the management case from affected academics
• to hear evidence from management or affected academics, at their request
• to decide the way in which to proceed

When the Standing Redundancy Committee has made its decision it will instruct the Director of People to progress their decision.

Regard should be given to the diversity composition of the Standing Redundancy Committee.

The Standing Redundancy Committee must be able to justify their decisions in the event of a challenge.

Selection panel: Academic-related; Research; Technical; Clerical and Manual staff

For staff in categories: academic related; research; clerical; technical and manual, the panel members will comprise:

• Dean or Director
• head of the reorganised department
• a representative, external to the School/Directorate
• the School/Directorate’s Senior People Partner, in attendance

If further expertise is required other person/s may be added to the selection panel.

Regard should be given to the diversity composition of the panel.

The selection panel must be able to justify their decisions in the event of a challenge.

Decisions - confirming redundancies and offers of employment

Where a member of staff is to be dismissed by reason of redundancy the notice of redundancy will be communicated by the Dean/Director or delegate on a face-to-face basis in the first instance and then in writing.  The notice of redundancy will set out the following:

• an explanation as to the reasons for redundancy, including reference to any submissions made by the member of staff
• a calculation of the Statutory Redundancy Pay due
• details of the right of appeal

Redeployment, retraining, trial periods and pay protection

In order to minimise job losses the University will seek where possible to redeploy and retrain staff whose posts are redundant. 

Where a member of staff is redeployed to a job of lower grade/salary the University offers pay protection arrangements.   Full details can be found in the University’s Redundancy Avoidance Policy.

Maternity, Adoption and Shared Parental Leave – redundancy protection period

If you have been notified that your position is at risk of redundancy while you are on maternity, adoption or shared parental leave, you will have priority in respect of being offered a suitable alternative vacancy where one exists, and the following redundancy protection period applies: 

• Pregnancy and maternity leave: The redundancy protection during pregnancy will start when you tell us that you are pregnant and extend during an additional period after you return to work from statutory maternity leave. The protected period is calculated from the first day of the expected week of childbirth (or from the actual date of the birth where you have notified this to us) for a period of 18 months. Therefore, if you take your full 12 months statutory leave entitlement, you will be protected for an additional six-month period following your return to work. If you have suffered a miscarriage the protection applies for a period of two weeks after the pregnancy ends.
• Adoption leave: The additional protected period applies for a period of 18 months from the date the child is placed with you for adoption.
• Shared Parental Leave: If you are taking 6 or more consecutive weeks of shared parental leave but have not taken maternity or adoption leave, the additional protected period ends 18 months after the date of birth of the child/date the child was placed with you for adoption. If you are taking less than six consecutive weeks, redundancy protection will apply where the redundancy situation arises during any period you are on shared parental leave (as is currently the case). 

Redundancy support measures

The University will make a counselling service available to members of staff who are under notice of redundancy.

Members of staff under notice of redundancy will be allowed a reasonable amount of paid time off to seek employment, attend interviews or attend training, by agreement with their Dean/Director or their delegate.

Notice period

Members of staff who are dismissed by reason of redundancy are entitled to a period of notice, which will either be that stated in their contract of employment or the statutory minimum, whichever is the greater.

Notices of redundancy will not be issued until the end of the collective consultation period.

Where possible, the University will give as much notice of redundancy as possible.

Statutory Redundancy Pay

Members of staff who have 2 or more years’ continuous service at the date of dismissal on grounds of redundancy will be eligible for Statutory Redundancy Pay.  Calculate your statutory redundancy pay.

In a redundancy situation an enhanced redundancy package may be discussed with the appropriate campus union/s (i.e. the recognised representative body/ies of the affected staff).  If agreed, all campus unions would be consulted and communicated with in respect of the enhanced redundancy package.

Right of appeal

The letter which communicates the decision to dismiss the member of staff on grounds of redundancy must contain details of their right of appeal.

The appeal against the decision to dismiss should be submitted, in writing, to the University Secretary within 10 days of receipt by the member of staff of the written notice to dismiss them unless in exceptional circumstances such as serious illness or bereavement when a delay can be agreed.

On receipt of an appeal, the University Secretary or their delegated nominee will set up an Appeal Committee:

For staff in categories: academic related; research; clerical; technical and manual, the panel members will comprise:

Three senior University officials not previously involved in the case:

• a Chair
• a member of the University who has knowledge of the area of work or relevant expertise
• a senior member of the People Support team

For academic staff previously covered by Statute 16 i.e. Lecturer (Teaching & Research); Lecturer (Teaching & Scholarship;  Senior Lecturer (Teaching & Research); Senior Lecturer (Teaching & Scholarship); Reader and Professor, the panel members will comprise:

• an external solicitor (Convener)
• a member of academic staff, appointed by Senate, and
• a further person, (independent of the case) will be co-opted for specific expertise.

This person will be agreed by both parties.

The member of staff has the right to be represented by a trade union representative or a work colleague throughout the appeal process.

The Appeal Committee will hear the appeal within 5 weeks or within the contractual notice period, if sooner.

Both the University representative (the Chair of Selection Panel that decided on dismissal) and the appellant will submit to the University Secretary a written statement of case and names of witnesses they have arranged to call no later than 5 working days prior to the date of the Appeal Hearing.

The statements of cases and names of witnesses from both the University and the appellant will be copied to the other party and both cases and sets of witnesses’ names will be passed to the members of the Appeal Committee prior to the Appeal Hearing.

The member of staff will have the opportunity to state their grounds of appeal.  Where the member of staff is unable to speak on their own behalf their trade union representative or work colleague will be entitled to speak on their behalf.

At the Appeal Hearing the appellant and/or representative will be invited to present their case first, followed by the University’s representative(s).  The Appeal Committee members may ask questions of either or both parties and both parties will have the opportunity to cross-question the other. The Appeal Committee will decide, at its discretion, the order of proceedings regarding witnesses’ evidence and procedural matters.

The Appeal Committee will decide whether the decision to dismiss is upheld, or not.

The Appeal Committee’s decision will normally be communicated to the appellant within 7 working days of the Appeal Hearing.

The decision of the Appeal Committee is final and there is no further right of appeal.