LONGLEY PARK SIXTH FORM COLLEGE REDUNDANCY POLICY AND PROCEDURE Originator: Human Resources Manager Date of Last Approval: 21 March 2012 Approval/review by: Resources Committee Review interval (years): 3 Date of next review/approval: June 2018 Redundancy Policy and Procedure 2015 1
REDUNDANCY POLICY AND PROCEDURE INTRODUCTION 1 Longley Park Sixth Form College recognises the importance of job security and will act to prevent redundancy where possible. It is the aim of the College to maintain and enhance the efficiency, quality and viability of the organisation s work in order to safeguard the current and future employment of employees. The College, in consultation with employees through the recognised trade unions, will seek to minimise the effect of redundancies by looking at alternative options. Where compulsory redundancy is unavoidable, the College will handle the redundancy in the most fair, consistent and sympathetic manner possible and minimise, as far as possible, any hardship that may be suffered by the employees concerned. The overriding aim of the College policy in relation to staffing levels and redundancy is, however, the future viability of the organisation. The College will endeavour to follow best practice at all times when redundancies become necessary. DEFINITION OF REDUNDANCY 2 The Employment Rights Act 1996 defines redundancy as a situation when: there has been an actual or prospective cessation of the business for the purposes of which the employee was employed there has been an actual or prospective cessation of the business in the place where the employee was so employed here has been an actual or prospective cessation or diminution of the requirements of the business for employees to carry out work of a particular kind there has been an actual or prospective cessation or diminution of the requirements of the business for employees to carry out work of a particular kind in the place where the employee was employed by the employer 3 The list below gives examples of situations when the College will have to consider making redundancies (this list is not exhaustive and other issues or circumstances may arise which may cause this policy to be invoked): financial constraints the number of students required for course viability is not met development plans which have not been realised changes to College policy or mission relocation issues CONSULTATION PROCEDURES 4 The College recognises the benefit of early consultation with the trade unions and its statutory obligations in respect of consultation. Consultation will include consideration of the steps to avoid or, failing that, to minimise compulsory redundancy and will be with a view to reaching an agreement. Wherever possible, consultation regarding the appropriateness of these steps will take place prior to formal notification of a redundancy situation, at the point where a potential Redundancy Policy and Procedure 2015 2
redundancy situation is identified. The timescale for consultation will be in line with that required by legislation and will never be less than a minimum period of 30 days before the first dismissal takes effect. The College will provide recognised trade union representatives with the following information: reasons for the proposals, including information about the College s financial situation; number and description of employees whom it is proposed to dismiss as redundant; total number of employees of that description employed at the College; proposed method of selecting the employees for redundancy; proposed method of carrying out the dismissals with due regard to any agreed procedure, including the period over which the dismissals are to take effect; proposed method of calculating the amount of any redundancy payments made to employees who may be dismissed. The College will consult trade union representatives and employees about ways of: avoiding the dismissals; reducing the number of employees to be dismissed; and mitigating the consequences of the dismissals with a view to reaching agreement with the trade unions(s) Once the consultation has taken place and, if following the consultation process, it is still necessary to make redundancies, then the group or groups of staff affected will be notified, together with details of the criteria adopted to determine selection for redundancies. 5 Individual employees at risk of redundancy will also be informed and consulted about changes in staffing levels and arrangements which may directly affect them. They will be provided with the same information as the trade union representatives and have the process explained to them. All individuals consulted with will have the right to be supported at that meeting by a trade union representation or workplace colleague. ALTERNATIVES TO REDUNDANCY 6 The College will give consideration to the appropriateness of the following measures on each occasion that a redundancy situation arrives: trying to make savings in other areas; reduction of staffing levels by natural wastage; reduction in short-term temporary or agency staff in areas where redundancies have been identified; seeking volunteers for redundancy, including where practicable, from areas where staff possess transferable experience and skills to enable possible redeployment; redeployment and if possible, retraining to other parts of the organisation; reduction or elimination of overtime working; Redundancy Policy and Procedure 2015 3
restricting or freezing external recruitment where appropriate; considering volunteers for part-time working or job-sharing (where appropriate); considering suggestions from trade union/employees. SELECTION CRITERIA FOR REDUNDANCY 7 On each occasion where redundancies are required, the College will consult with trade union representatives on the selection criteria to be used, and ensure that the confirmed criteria are as fair, consistent and objective as possible. The precise criteria used will be appropriate to the particular situation. As an equal opportunities employer, the College will ensure that no employee will be selected for redundancy on the grounds of race, ethnic origin, disability, gender, sexual orientation, religion or any other protected characteristic. 8 Selection for redundancy will normally be made on the basis of: the degree of involvement in the area of work which has ceased of diminished; the skills, experience, qualifications and aptitude of the employees concerned; the standard of work performance; attendance record over the past two years with reference to associated reasons; disciplinary record over the past two years, with reference to associated reasons; the potential of the employee to be adaptable should alternative work be offered; length of service (N.B. this does not allow for a policy of last in, first out and will be considered after other criteria as appropriate); voluntary redundancy and/or early retirement (the College reserves the right to refuse any application for voluntary redundancy or early retirement. Applications for either will be judged on the needs of the business). This list is not exhaustive, and neither will it always be appropriate to use each of the items on this list. In some circumstances, it may be preferable to determine selection criteria appropriate to a particular situation rather than specify criteria to be applied in each and every situation. In this way, the interest of the College at the time in question and in future years will best be protected. However, on each occasion, the College will seek to consult with trade union representatives on the criteria to be used and ensure that the confirmed selection criteria are as fair and objective as possible. 9 Employees selected for redundancy will be informed in writing as soon as possible and invited to a meeting to discuss their selection. All employees will have the right to be supported at that meeting by a trade union representation or workplace colleague. 10 The College will consider whether Employees affected by redundancy can be offered suitable alternative work. The College will provide Employees with sufficient detail to enable them to decide whether to accept or not. It will be up to the Employee to decide whether the alternative work is suitable. In making an offer of alternative employment, the College will consider the following in ensuring the offer is comparable: pay; Redundancy Policy and Procedure 2015 4
status; location; working environment; hours of work. ALTERNATIVE EMPLOYMENT AT THE COLLEGE 11 An employee who is offered suitable alternative employment and unreasonably refuses it may lose any entitlement to redundancy pay. Any employee accepting suitable alternative employment will have a trial period in accordance with employment legislation. Redundancy rights will not be lost if the employee or the College decides before the end of the trial period in the new post that it is not suitable.. In this case, either party may terminate or give notice. On termination, that employee will be treated as though they had been made redundant on the date the old post ended. The College will assume an employee has accepted the alternative employment if the employee works beyond the end of the trial period. 12 The College will also be entitled to invite employees to apply for vacancies not directly comparable to the position from which they are being made redundant. An employee successful in their application will not be considered to be redundant and will not qualify for redundancy payments or other compensation for the loss of their old post, although they will retain continuity of employment from the date of their initial employment with the College. Employees who do not take up the invitation to apply for such vacancies will continue with the redundancy process. NOTICE PERIOD 13 Where selection for redundancy has been confirmed, those selected for redundancy will be given notice in accordance with contractual entitlement. Employees will normally be required to work their period of notice. In certain circumstances, where it is considered appropriate, employees may leave with payment in lieu of notice. COMPULSORY REDUNDANCY PAY 14 Compulsory redundancy pay will be calculated in accordance with contractual terms and statutory provisions. The relevant statutory provisions are based on the employee s age, length of continuous employment and either the statutory maximum for each week of service, or actual weekly wage, if this is lower than the statutory minimum. Consideration will be given to the relevant provisions of the local Government and Teachers Pensions Schemes. 15 Employees subject to termination of employment on grounds of voluntary redundancy will not normally be re-employed by the College for a period of 12 months from the effective date of contract termination. APPEAL 16 All employees will have the right to appeal against dismissal for redundancy. To exercise this right they must apply to the Human Resources Manager within 10 working days of being notified of the dismissal. Employees who appeal will have the right to be accompanied by a trade union representative or a workplace Redundancy Policy and Procedure 2015 5
colleague to the appeal hearing. Appeals will be heard by the Principal. If the Principal has been involved in the detail of the dismissal, the appeal will be to the Corporation. RIGHT TO TIME OFF TO SEEK OTHER EMPLOYMENT AND OTHER AVAILABLE ASSISTANCE 17 The College will assist employees to find other employment. Employees under notice of redundancy will be given reasonable paid time off to seek alternative work and/or to arrange training appropriate to future employment. Requests for time off should be made to the Principal and will not be unreasonably refused. Employees will also be able to use College resources to assist in finding employment. Requests for the use of College resources should be made to the Principal and will not be unreasonably refused. 18 Provision of approved employee assistance will be offered. Redundancy Policy and Procedure 2015 6