Redeployment Policy 1. Policy Statement 1.1. Teesside University recognises that continuous improvement and innovation will enable the University to meet ongoing transformation and challenges in the Higher Education environment, and that consequently this may result in organisational change. The University is committed to delivering the highest quality service and redeployment of staff from one activity to another has a key part to play in helping ensure a balance between the need for continuity and the need for change. 1.2 It is essential that the University manages transformation in a fair, consistent and effective manner. Such change may result in the need to adapt, increase or decrease roles within and across the organisation. The University values and recognises the contribution made by its employees and is committed, where reasonable and practicable, to retain the skills and experience of staff for the benefits of continuity of service provision and in recognition of the importance of job security for staff. The University will therefore be proactive and make all reasonable efforts to support employees at risk of redundancy, or who may be subject to redeployment for other reasons, to continue their employment at the University. 2. Scope 2.1 This policy and procedure applies to all staff employed on permanent and fixed term contracts by the University for two years or more continuous service at the start of formal consultation concerning redeployment, with the following exclusions where the policy and procedure will not apply: In cases where an employee is subject to permission to work in the UK and may not be eligible for redeployment due to restrictions governing their work in the UK. In cases where employees request voluntary redeployment. Where employees apply for voluntary redeployment, they agree to be placed 'at risk' and therefore have access to redeployment opportunities, but the pay protection provisions of this policy and procedure will not apply. In cases where the initial appointment is for less than two years and consequently the member of staff is not subject to statutory redundancy rights. The University will nonetheless endeavour to support such staff in achieving alternative employment where possible. 1
In cases where a contract ends for some other substantial reason rather than redundancy. Such situations include the ending of a fixed term contract required for training purposes where the individual is able to return to a substantive ongoing role and where an individual is subject to a custodial sentence. In situations where the University is 'hosting' a contract on behalf of an external organisation providing the funding, and that organisation insists on the relevant vacancy being advertised externally. Staff subject to redeployment will have the same opportunity as other staff to apply for such posts, albeit there will be no preference for redeployees. The advertisement and all recruitment documentation will indicate the hosted posts. Where the contracts are fixed term, the successful candidates to these posts will be subject to this policy and procedure when their fixed term contracts come to an end in line with the policy and procedure for fixed terms contracts, and where there is no substantive role to which the candidate may return. 3. Aims 3.1 The purpose of this policy and procedure is to ensure the University meets its moral and legal obligations to maintain staff in employment and to set out a process establishing the circumstances when redeployment may be applicable, defining the eligibility criteria for redeployment and identifying how redeployment may occur. The intention is to put in place positive measures to retain staff in employment which rely on the commitment and active involvement of all parties to enable successful redeployment. 3.2 The main aims of this policy and procedure are: To enable staff in a redeployment situation to be retained by the University wherever possible; To ensure that staff are treated with dignity during the redeployment process; To maintain an efficient and thriving working environment through the effective management of redeployment; To ensure a fair and consistent approach to redeployment. 4. Principles 4.1 The University will attempt to minimise the number of instances where employees face redeployment and will consult with the recognised trade unions and staff where redeployment is considered necessary. 4.2 Throughout this policy and procedure the principles of equity, fairness and equality of opportunity will be followed. 2
4.3 Redeployment opportunities subject to this policy and procedure will be restricted to posts at the same grade that fulfil the definition of suitable alternative employment and to those that are no more than one grade lower than the individual's current role, at the voluntary request of the individual. Opportunities outside these limitations may still be considered by individuals but will not be subject to the provisions of this policy and procedure. 4.4 The University will not normally support requests for redeployment to higher graded roles, except where required to do so as a reasonable adjustment in accordance with the Equality Act 2010. In all other cases the redeployment policy and procedure will not apply to individuals who wish to be considered for redeployment to a post at a higher grade. Individuals subject to redeployment may, however, submit applications for higher graded posts through the recruitment process in the normal way. 4.5 The University will attempt to redeploy staff to positions of the same grade, under the principle of "best fit" in accordance with the provisions of 'suitable alternative employment'. Where a vacant position at such a grade and appropriate skills of the individual is not available, a vacant position at one grade lower than their current employment should be considered. Staff subject to this policy and procedure will collaborate with the University in an attempt to seek suitable posts for redeployment in relation to authorised vacancies. 5. Eligibility for Redeployment 5.1 Staff may be considered for redeployment or alternative employment in the following circumstances: Internal reorganisation in which the restructuring and the potential for displacement results in redeployment as an alternative to redundancy. Where an individual is declared medically unfit to carry out their substantive contracted role. Where staff have previously been redeployed but are still subject to pay protection. Where staff are returning from maternity, paternity or adoption leave and may be subject to redundancy. In cases where individuals are coming to the end of their fixed term contracts, for reasons such as an end of funding and end of a defined project, and are subject to the scope of this policy and not subject to the exclusions. Other circumstances agreed between University management and the recognised trade unions. 5.2 Eligibility for redeployment, in cases of redundancy, will apply from the point at which the post is deemed to be 'at risk'. Eligibility for redeployment will cease upon expiry of a fixed term contract or the expiry of notice issued in relation to redundancy or ill health. Individuals should therefore put themselves forward for consideration for any suitable vacancies prior to expiry of their notice period. 3
6. 'Suitable' Alternative Employment 6.1 Wherever possible, the University will seek to maintain individuals in employment in work of a broadly comparative nature. The following criteria will be used to determine suitability of alternative employment in terms of potential redeployment opportunities: The nature of the work The qualifications, skills and experience required to carry out the work The aptitude or capability of the individual to undertake the work Working arrangements (i.e. hours of work, shift arrangements etc) Level of responsibility relative to previous role Grade and pay None of these factors on their own is definitive and therefore suitability for a post will be determined on a case by case basis. 6.2 Redeployment is carried out in consultation with the redeployment candidate and the University recognises that redeployment constitutes a change to an individual's contractual terms of employment which therefore cannot be implemented without the individual's consent. However, where a redeployment candidate unreasonably refuses suitable alternative employment they may no longer be subject to certain redeployment provisions and redundancy rights, including the right to redundancy payments. 7. Alternative Employment 7.1 An individual may choose to apply for and accept a post which may not necessarily be suitable as defined under 'Suitable Alternative Employment', in which case pay protection would not necessarily apply where there is more than one grade difference between their existing role and the alternative employment role. 8. Trial Periods 8.1 A redeployment opportunity may normally be offered on a trial period to enable both the employee and the School or Department to assess whether the individual is, in practice, suitable for the post. The trial period will normally be for a minimum of four weeks and up to twelve weeks. The employee's notice period will be paused during the trial period. 9. Pay Protection 9.1 Redeployment opportunities to roles one grade lower than the individual s current employment may be subject, in accordance with paragraph 7 of this policy, to pay protection for a period of two years. The intention of such protection is to enable the individual to retain their existing pay for a reasonable period to allow the gap to reduce between their old and new earnings and to support transition between salaries. 4
10. Time off to seek alternative employment 10.1 Employees 'at risk' of redundancy and under notice, subject to this policy and procedure, may have reasonable time off to arrange training, prepare for redeployment interviews and look for alternative employment. Such time off will be at the discretion, and subject to the operational requirements, of the relevant School or Department but should not be unreasonably refused. 11. Responsibilities Role Individuals subject to redeployment Deans of Schools, Directors of Departments, Line Managers 1 Recruiting Managers Responsibility Registering as a redeployment candidate Considering vacancies on the redeployment register Putting themselves forward for suitable vacancies Considering reasonable changes in working arrangements, pay and responsibilities Preparing for interviews Not unreasonably turning down an offer of suitable alternative employment Providing support to individuals subject to redeployment Seeking appropriate opportunities to assimilate individuals subject to redeployment to alternative posts within the School or Department Accepting corporate responsibility for University staff by responding positively to requests to consider staff subject to redeployment Short listing redeployment candidates against the essential criteria for the post Arranging to interview redeployment candidates at the earliest opportunity Assessing candidates against the essential requirements for the post as detailed in the job description and person specification Supporting candidates who are successfully redeployed including identifying and facilitating training Providing feedback when redeployment candidates do not meet the essential criteria for the role Determining suitability during a trial period HR Department Advising staff on the redeployment process, as appropriate Maintaining a register of staff subject to redeployment Notifying redeployment candidates of forthcoming vacancies Determining the eligibility of redeployment candidates for specific posts Where appropriate, liaising with the recruiting manager to ensure prior consideration for redeployment candidates for vacant posts. 1 Senior Managers/Managers are as defined in the job descriptions/person specifications for roles, in relation to carrying out HR procedures for staff under their line management 5
12. Monitoring 12.1 This policy and procedure does not form part of any employees contract of employment. Application of this policy will be monitored by the Executive Director of HR, to ensure it is applied consistently and fairly. 13. Training 13.1 All members of the University's Executive and Line Managers will receive training to ensure a common understanding and application of this policy and procedure. 14. Review 14.1 This policy and procedure will be subject to review every three years. 15. Approval 15.1 The policy and procedure will be subject to the approval of the Vice Chancellor, as advised by the Executive Director of HR, as an HR 'Category B' Policy. 16. Document Control Title: Applicable to: Date last reviewed: Approval Date: Owner: Redeployment Policy and Procedure All employees June 2017 June 2017 Human Resources 6
Redeployment Procedure 1. Application 1.1 The success of the University depends upon effective contributions from all employees. The University values and recognises the contribution made by its employees and is committed, where reasonable and practicable, to retain the skills and experience of staff for the benefits of continuity of service provision and in recognition of the importance of job security for staff. This procedure provides a framework for dealing with cases where there is a need to redeploy staff in a fair, supportive and consistent way. 1.2 The procedure applies to all eligible employees employed by the University under a contract of employment, in accordance with the redeployment policy. 2. Scope 2.1 Circumstances in which staff will be considered eligible for redeployment under this procedure are as follows: 2.2 Internal Reorganisation: Where a School or Department conducts an internal reorganisation that results in a restructure and which displaces staff by nature of redundancy, such employees will be subject to redeployment as an alternative to redundancy. Individuals will become eligible to be considered for redeployment in accordance with this policy and procedure from a date no later than when notice of potential redundancy has been issued and the individuals have therefore been placed 'at risk'. In the first instance all staff within the area specified for reorganisation will being ring fenced for consideration of posts in accordance with the School and Department Assimilation stage of this procedure. Those remaining 'at risk; following assimilation stage will be subject to the remaining provisions of this procedure. 2.3 Medical: Where an individual is declared medically unfit in their substantive role they may be subject to redeployment. Occupational Health advice will be sought in all such circumstances and, after all other reasonable adjustments have been explored, redeployment may be considered. Where a recommendation is made that the individual can no longer carry out their substantive role and may benefit from redeployment, the individual will then be declared 'at risk' and be subject to this policy and procedure. 2.4 Subject to Pay Protection: Where an individual has been successfully redeployed to a role one grade lower than their previous employment and is, consequently, subject to pay protection, they will continue to have the right to be considered for redeployment back to a role at the grade from which they were originally redeployed. Such eligibility will be limited to the period the individual is subject to pay protection and will cease at the end of the pay protection period. 1
2.5 Returning from Maternity, Paternity or Adoption Leave: Employees who are returning from maternity, paternity or adoption leave and subject to redundancy have a statutory right to any suitable alternative employment that exists, ahead of any other employee, including other 'at risk' employees. If such an employee is offered a suitable alternative role it must be kept open until their return from maternity, paternity or adoption leave. Where an individual requests a change to their terms and conditions of employment for their return from maternity leave, particularly in relation to a change from full time to part time work, and such requests cannot be accommodated, the individual will be placed 'at risk' and be subject to this policy and procedure. 3. General Principles 3.1 Consultation. Where internal reorganisation may result in restructuring which may require redeployment to be necessary the relevant Human Resources professional will engage in consultation with the recognised trade unions. This consultation will identify the reasons for the possible redeployment and will seek ways of removing the potential for redundancies and consequently reducing or eliminating the necessity for redeployment to take place. The relevant trade union(s) will be informed of potential redundancy and redeployment situations, normally at least 48 hours in advance, on a confidential basis immediately before the employees are informed. 3.2 At every stage in this procedure where an employee is being considered for redeployment, consultation will take place with that individual, who will be given the right to be accompanied by a representative of a recognised Trade Union or a workplace colleague. 3.3 Equality Analysis: For any redeployment, an analysis of the effects on equality needs to be carried out by the School or Department to check that the process does not adversely affect employees in relation to the protected characteristics described in the Equality Act 2010. 4. Stages 4.1 Redeployment Opportunities: Vacancies at the University will be placed on the redeployment list ahead of internal and/or external recruitment. There may be occasion, on an exceptional basis, relating to limited suitable redeployment candidates and need to expedite the recruitment process, that vacancies are placed on the redeployment list and for internal/external recruitment in parallel, noting that suitable redeployment candidates have first priority. Where there are no redeployment candidates at the same grade and higher grade than the opportunity, the vacancy will not be placed on the redeployment list and may be subject directly to recruitment. 4.2 Redeployment Candidates: Staff subject to subject to redeployment will be considered for redeployment opportunities before other internal or external applicants, subject to the provisions of the Redeployment Opportunities Stage of this procedure. When a member of staff is eligible for redeployment, their status as a 2
redeployee is recorded on the HR system and they are included on the Outlook distribution list for redeployment opportunities. 4.3 The University expects employees subject to redeployment to: Actively seek suitable and appropriate alternative employments opportunities within the University. Actively engage and participate in any job search support offered, including accessing available CV development, interview techniques and preparation, and job searching strategy advice and guidance. To not unreasonably refuse any suitable alternative role identified and to provide detailed reasons for refusing a role that is deemed by the University to be a suitable alternative. 4.4 Employees on maternity, paternity or adoption leave whose posts are at risk of redundancy, or are being made redundant, must be offered suitable alternative employment in preference to any other redeployee. 4.5 School and Department Assimilation: Deans of Schools, Directors of Departments and Line Managers will be encouraged to identify suitable opportunities for redeployment of individuals within their own School or Department. In such cases individuals may be assimilated to a new role where it is deemed to be suitable alternative employment, as defined in this policy. Such opportunities should, however, be publicised to staff subject to redeployment within the School or Department, where no ring fenced process is in place, and a structured assessment process undertaken where more than one individual wishes to be considered for the position. 4.6 Where no suitable opportunities for assimilation exist within the School or Department, or an individual wishes to be considered for suitable alternative roles across the University, they will included in the redeployment register. 4.7 Redeployment List: All roles available for redeployment are placed by the HR Department on a redeployment list to which those subject to redeployment will have access. Job descriptions and person specifications for roles on the redeployment list are emailed to all those subject to redeployment. Individuals subject to redeployment will be required to express their interest in a vacancy on the redeployment register, along with a CV/application as applicable, for consideration by the recruiting manager, normally within 5 working days of notification of the vacancy. In instances of absence, for example due to holiday or sickness, an extension to the timescale would be considered. 4.8 The employee will consider their eligibility for vacant posts in accordance with the criteria outlined under the 'Suitable Alternative Employment' section of this policy and procedure, through contemplation of their skills and experience alongside discussions with the recruiting manager responsible for the vacant post and, if appropriate, consultation with Human Resources. If the post is deemed to be suitable alternative employment, in accordance with paragraph 6 of the Policy, the expression of interest and/or CV/application, as applicable, will be forwarded to the recruiting manager who will assess the redeployment candidate against the relevant criteria for 3
the post. If the recruiting manager does not believe that the individual meets the person specification for the role, the recruiting manager will provide feedback, through Human Resources, as to why the member of staff is not suitable to be redeployed into the role. 4.9 Where an individual meets the essential criteria for a post in accordance with the suitable alternative employment provisions of this policy and procedure, they will be given prior consideration for the post; they will have an informal meeting with the recruiting manager to discuss the post and skills match in more detail, in advance of other internal or external candidates as long as the timescales detailed above are met by the individual. In order to prevent undue delay in the recruitment process it is anticipated that a redeployment meeting would take place in the week following application and should, in any event, take place within a reasonable timescale. 4.10 If more than one individual subject to redeployment express interest in a particular post, a competitive selection process will be undertaken amongst the redeployment candidates in accordance with the University's Recruitment and Selection Policy and Procedure. 4.11 In cases of redeployment of a disabled employee there should be careful consideration concerning the necessity for any competitive interview. Where possible in such cases confirmation of redeployment should be dependent on the capability of the person to carry out the work and the practicality and reasonableness of any necessary adjustments. 4.12 Following a redeployment recruitment exercise, if the individual meets the essential criteria for the role, they will be appointed to the post, including the provisions of a trial period described below, before consideration of other candidates. If an individual does not meet the requirements for the role, the recruiting manager will be responsible for providing feedback to the individual to enable them to analyse their own competencies and present themselves effectively in future interviews. 4.13 Trial Period: Where an employee is redeployed into another position as part of this policy and procedure, a trial period of a minimum of four weeks will normally exist, which can be extended by agreement up to a maximum of twelve working weeks. If the individual is 'at risk' of redundancy, the notice period will be paused at the start of the trial period and will recommence at the end of the trial period, where the trial has not been successful. Within the trial period the appropriate line manager will consult with the individual on a regular basis to identify if there are any training needs required for the individual to be successful in the role. Where the redeployment trial is considered successful the employee will be confirmed in the role in accordance with the offer of redeployment provision of this procedure. 4.14 If the employee and/or School/Department feels that the redeployment opportunity is not suitable, a discussion to confirm the reasons will occur. Detailed written reasons will be provided for the termination of the trial period. Thereafter efforts will be undertaken to find further redeployment until the completion of the individual's at risk period. It may be appropriate, following the termination of a trial period without successful redeployment, that the employee may be placed on 4
gardening leave until the end of their at risk period, or until they secure an alternative role, whichever is the sooner, subject to the operational requirements of the School or Department. 4.15 Offer of Redeployment: Any offer of redeployment will be made in writing giving the following details: Job Description and Person Specification of the post Salary range of the new post Confirmation of details of contractual benefits and pay protection (where applicable) Identified staff development requirements Review period 4.16 The individual will normally be given 10 working days (the offer period) to accept the offer of redeployment. Upon receipt of acceptance of redeployment the individual will be confirmed in the post and be subject to the normal requirements of employment associated with the role. The development needs of the individual will continue to be identified through regular dialogue and the annual Personal Development Review process and, subject to their agreement, be facilitated where possible. Where an individual decides to not respond with an acceptance within the offer period, the offer will be considered as being withdrawn and the individual will automatically revert to being 'at risk'. In such circumstances the individual's notice period will also resume. 4.17 Where an individual is redeployed to a role one grade lower than their previous employment and is subject to pay protection, the University will continue to support the individual in accordance with this policy and procedure. In such cases an individual may therefore continue to identify and consider suitable alternative opportunities during their pay protection period and to follow the redeployment process. Where an individual obtains redeployment in such circumstances, and the role is at the same level and pay scale as the role from which they were originally redundant and redeployed, their eligibility for redeployment and pay protection will cease upon appointment to the role and commensurate salary level replacing their original role. 4.18 Transfer/Commencement of Redeployment: It is the normal expectation that where an individual accepts an offer of redeployment, as an alternative to redundancy or for other approved reasons, agreement concerning the transfer and commencement date will be reached between the relevant managers of the old and new work. Every effort will be made to expedite the transfer and commencement subject to the operational requirements of the relevant Schools and/or Departments. 4.19 Redeployment into Fixed Term Roles: If an individual accepts a fixed term appointment as a redeployment opportunity when at risk of redundancy, the employee will normally remain subject to redundancy. At the end of the fixed term contract they will be dismissed for reasons of redundancy unless another suitable job opportunity arises. Where the redeployment is subject to pay protection, they will be subject to the provisions of this policy and procedure for up to two years from the 5
start of their employment on the fixed term contract. Otherwise they will be subject to redeployment in accordance with the provisions of this policy and procedure. 4.20 Dismissal: Where an individual subject to 'at risk' of redundancy, or due to medical unfitness to carry out their original role, has been given notice and who has not been successfully redeployed by the end of their notice period, they will be dismissed under the terms of their notice in accordance with the Redundancy Policy and Procedure. 4.21 Where an individual decides not to accept a suitable alternative employment as a redeployment opportunity, or decides during a trial period not to accept the suitable alternative employment permanently, without evidenced good reason, such a refusal will be deemed as unreasonably refusing suitable alternative employment. In such circumstances the individual may be removed from the redeployment process, dismissed from employment and may forfeit their right to redundancy payment. 5. Pay Protection 5.1 In the event that an individual voluntarily agrees to redeployment to a post at one grade lower than their current role, their basic salary at the date of redeployment will be protected for a period of up to two years. This pay protection will be on a 'mark time' basis and will include cost of living rises but not incremental progression pay rises. If, during the protection period, the salary of the redeployed post reaches or exceeds the protected salary, pay protection will cease. 5.2 At the end of the pay protection period the salary offered will normally be to the point scale maximum of the grade of the redeployed post and the individual will become eligible for cost of living increases. 5.3 Where an individual who has been redeployed to a lower graded role successfully obtains redeployment to a role at the same grade and pay scale from which they were originally redundant and redeployed, pay protection will cease upon appointment to the appropriate salary level comparative to their previous at risk role. 5.4 Where an individual has been redeployed following a voluntary request for alternative employment, pay protection will not apply. 6. Support 6.1 Wherever practicable and reasonable, the University will consider the possibility of providing training and development, or other forms of support, to help employees adjust to change and prepare themselves effectively for suitable alternative employment within or outside the organisation. This includes help and guidance on compiling CVs as well as offering coaching on interview techniques. 6.2 Employees will also be reminded about the University s Employee Counselling Service which may provide additional support during the period of redeployment. 6
7. Requests for redeployment not subject to this policy and procedure 7.1 It is recognised that there may be occasions when individuals wish to seek redeployment to alternative roles within the University. While there is no requirement for the University to support such requests, School/Departments may wish to give sympathetic consideration to redeployment in the following circumstances: Where a request for flexible working, made in accordance with statutory provisions, cannot be accommodated within the current role. At the request of an individual who wishes to reduce their level of responsibility. Where redeployment would assist in the support of a request for phased retirement. In accordance with a recommendation made following formal action under the Capability Policy and Procedure for dealing with poor performance. In accordance with a recommendation made following formal action under the Grievance Policy and Procedure for dealing with instances of bullying and harassment. Where opportunity for the acquisition of new skills and experience is part of a personal development plan. 7.2 In such cases Schools and Departments would usually be expected to manage the redeployment process internally, informing Human Resources, and the individual would not have recourse to the provisions of this policy and procedure. 7.3 Exceptionally the University may support a request for redeployment in other circumstances where it is just and equitable to do so. The procedure to be followed in such situations will depend on the circumstances of the case. In such cases pay protection will not apply but appointment at the highest point of a lower pay grade will be considered. 7