Huddersfield New College Further Education Corporation Policy and Procedure for Handling Redundancy 1.0 Policy Statement 1.1 It is the College s policy to avoid making compulsory redundancies amongst its employees wherever possible; this will be achieved by a variety of measures, which are set out in this document. In the unfortunate event of having to make employees redundant, the College will act as sensitively as possible and in accordance with all relevant legislation. 1.2 Current relevant legislation includes: The Trade Union and Labour Relations (Consolidation) Act 1992 The Collective Redundancies and Transfer of Undertakings (Protection of Employment) Regulations 1995 The Employment Rights Act 1996 The Collective Redundancies and the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 The Collective Redundancies (Amendment) Regulations 2006 2.0 Scope of the Policy 2.1 This policy and procedure applies to all staff and has been the subject of consultation with representatives of the College s recognised trade unions. 3.0 Access to the Policy and Procedure 3.1 The policy and procedure will be made available to all staff through the College s VLE and will also be available on request to the Human Resources Manager. 4.0 Purpose 4.1 If the College has to consider the prospect of compulsory redundancies this will be undertaken fairly and objectively, within the principles and procedure detailed below. 5.0 Principles 5.1 The College seeks to provide security of employment wherever possible. However, it is recognised that changes in competitive conditions, organisation requirements and student numbers affect staffing needs. The College seeks to minimise the effect of redundancies through offering alternative employment to staff at risk of redundancy wherever possible. 5.2 Under the Employment Rights Act (1996) (ERA), section 139 (1), an employee who is dismissed shall be taken as dismissed for redundancy if it is attributable wholly or mainly to one of the following reasons: The fact that the employer has ceased, or intends to cease, to carry on the business for the purposes for which the employee was employed; The fact that the employer has ceased, or intends to cease, to carry on that business in the place where the employee was so employed; 1
The fact that the requirement of that business for employees to carry out work of a particular kind has ceased or diminished (or is expected to cease or diminish); or The requirement for employees to carry out work of a particular kind in the place where he/she was so employed, has ceased or diminished, or is expected to cease or diminish. 5.3 Any action which will avoid making an employee redundant will be considered at every stage of this procedure and throughout the consultation period. 5.4 Consultation with the relevant trade unions and/or employee representatives will be instigated by the College as early as possible and will continue throughout the redundancy process. 5.5 Regular reviews with individuals will take place in order to provide appropriate support, information and guidance. 5.6 Employees have the right to be accompanied at all meetings by a trade union representative or workplace colleague. 6.0 Alternatives to Compulsory Redundancies 6.1 Before entering into a redundancy procedure the College will consider alternative, preventative options first. These may include but are not necessarily limited to: A recruitment freeze Redeploying employees potentially at risk of redundancy into existing vacancies, subject to them meeting the criteria for the role Reducing or stopping overtime Retraining or redeployment Maximising flexible working opportunities where possible, e.g. job-share requests, unpaid sabbaticals etc. Natural wastage Offering early retirement to volunteers where possible Asking for volunteers for redundancy Termination of fixed-term contracts Voluntary reduction in contracted hours The above list is not intended to be exhaustive and the feasibility of any/all of the proposed alternatives will need to be explored in all cases, in consultation with the recognised trade unions and/or employee representatives, individual employees who are potentially at risk of redundancy, and the wider staff body as necessary. 7.0 Consultation 7.1 Where a reduction in the number of employees is being considered the Principal or delegated alternate will circulate relevant information to employees directly affected by the proposed changes and to representatives of the recognised trade unions and/or employee representatives, with a view to scheduling a meeting for further discussions to take place. Every effort will be made to engage with the College s trade union representatives to explore options and possible solutions/alternatives to redundancy at an early stage. 7.2 The Principal or delegated alternate will reassure staff that the College will endeavour to achieve any necessary reductions by voluntary rather than compulsory means, wherever it is consistent with the needs of the College, and express a willingness to discuss informally, on a without prejudice basis, an individual employee s position with respect to, for example, voluntary redundancy arrangements (see section 19.3 for further information on voluntary redundancy). 2
7.3 At the first meeting the information regarding a proposed course of action will be presented and comments/questions invited. If, as a result of the meeting and subsequent individual discussions with employees who have expressed an interest in voluntary redundancy, the College s target staffing level cannot be achieved then it may be necessary to consider introducing compulsory redundancy arrangements and/or considering wider restructuring. In the event of compulsory redundancies being required, at that time the College will need to agree its criteria for selecting employees for redundancy. 7.4 Employers have a statutory duty to consult relevant recognised trade unions in good time and prior to redundancies being proposed, in order to ensure meaningful consultation takes place to explore all options and mitigate the need for redundancies and/or restructuring as far as possible. The College will therefore provide the recognised trade unions and/or employee representatives with relevant information at the earliest opportunity to facilitate genuine consultation. 7.5 Employers should also consult individual employees who may be affected. This duty applies even when only one employee is proposed to be made redundant and even when the employees proposed to be made redundant are volunteers, or would not be entitled to redundancy payments, irrespective of whether or not they are a member of one of the recognised trade unions. 7.6 Consultation should take place in good time. The minimum period for consultation is prescribed by Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992, which requires that consultation with recognised trade unions and/or employee representatives must begin in good time and no later than at least 30 days before the first notice of dismissal takes effect if between 20 and 99 employees are to be made redundant at one establishment over a period of 90 days or less. While there is no statutory timescale for consultation where less than 20 employees are to be made redundant, the College will consult no later than at least 30 days before the first notice of dismissal takes effect, irrespective of the number of employees affected. 7.7 Under the Trade Union and Labour Relations (Consolidation) Act 1992, consultation should include discussion about ways of: (a) (b) (c) Avoiding dismissals; Reducing the number of employees to be dismissed; and Mitigating the consequences of the dismissals. Consultation should be undertaken with a view to reaching agreement with the trade unions. 7.8 As part of that consultation, under Section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 employers have a statutory duty to disclose in writing the following information: (i) (ii) (iii) (iv) The reasons for the proposals; The numbers and descriptions of employees it is proposed to dismiss as redundant; The total number of employees of any such description employed at the college; The proposed method of selecting the employees who may be dismissed; 3
(v) (vi) The 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; The proposed method of calculating the amount of any redundancy payments to be made (where such payments are in excess of the statutory minimum) to employees who may be dismissed. 7.9 All points made by the union representatives and employees concerned must be considered and reasons given in writing if any point is rejected. Throughout the consultation period and subsequently, suitable alternative employment for any employees at risk of redundancy must also be considered. 8.0 Equality and Diversity Considerations 8.1 In accordance with its statutory obligations under the equality duties, the College will assess the impact, or potential impact, of any business plan or proposal that may result in redundancies, on equality and diversity. This must include consideration of how the proposal will impact, or has the potential to impact, on employees on grounds of any of the protected characteristics as defined in the Equality Act 2010. This assessment should be carried out in consultation with recognised trade union representatives as soon as the business plan (which may result in redundancies) is proposed. 9.0 Selection Criteria 9.1 If, having taken into account the measures to avoid or minimise redundancy, the number of employees still exceeds requirements, the proposed criteria for selecting employees for redundancy will be discussed with the recognised trade union representatives as part of the consultation process. 9.2 It is 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 College can identify an objective selection process that will help to ensure the retention of a balanced workforce appropriate to the needs of the College at the time in question and in future years. However, the College will ensure that, on each occasion, the selection procedure will be fair, objective, consistent and non-discriminatory. 9.3 No employee will be selected for redundancy for any of the following reasons: Union-related reasons Health and safety-related reasons For asserting a statutory right Pregnancy/maternity-related reasons For carrying out the function of or standing as an employee representative On grounds of any protected characteristic as defined in the Equality Act 2010, unless selection on such grounds can be justified as a proportionate means of achieving a legitimate aim 10.0 Bumping and Bumped Redundancies 10.1 Bumping can occur when an employee not at risk of redundancy expresses an interest in voluntary redundancy creating an opportunity for a colleague not wishing to be made redundant, to fill their position. Alternatively, bumping can be where someone else s job disappears and they are moved into someone else s job making them redundant. 4
As a matter of general policy, the College does not favour bumping except where it occurs as a result of a volunteer vacating a post not at risk. However, if individuals who are at risk request that the College should consider bumping to avoid their redundancy then proper consideration will be given to such a suggestion. 11.0 Procedure for Selection 11.1 Where an employee is provisionally selected for redundancy, he/she will be invited to attend a meeting with the Vice Principal, or other relevant member of the Senior Management Team, and the Human Resources Manager. At this meeting the employee will be offered the opportunity to be accompanied and/or represented by a trade union representative or workplace colleague. The purpose of the meeting is to inform and consult with the employee about the redundancy situation, explain the basis for the employee s selection and enable the employee to respond. The employee and his/her chosen companion may ask questions about the selection criteria and the manner in which they have been applied and make representations as to why he/she should not be selected for redundancy. The College will take into consideration any representations made by the employee before making a decision. The College will also consider, in consultation with the employee, any remaining options available which could avoid the redundancy (having due regard to the options set out in 6.1 above, where appropriate). This may require further consultation meetings depending on the circumstances. 11.2 If, after individual consultation, the College still proposes to select the employee for redundancy, the employee will be invited to attend a meeting with either the Principal or other senior post holder to whom the authority to dismiss has been delegated. The employee has the right to be accompanied at this meeting by a trade union representative or workplace colleague. At this meeting the College will review the situation and make a final decision regarding whether or not the employee will be dismissed by reason of redundancy, taking into consideration the outcome of the consultation process and any further representations made by the employee at the meeting. The decision will be confirmed in writing as soon as possible after the meeting. 11.3 If notice of dismissal by reason of redundancy is given, the employee s contractual or statutory period of notice (whichever the greater) will apply. Minimum statutory and contractual periods of notice are: One week s notice if the employee s continuous service is less than 2 years; One week s notice for each year of continuous employment where the employee has 2 or more years service, but less than 12 years; and Not less than 12 weeks notice if the employee has 12 or more years service. 12.0 Alternative Employment 12.1 Employees under notice of redundancy shall be informed of all actual and expected vacancies at the College during the period of their notice. For each vacancy available at that time, the College will determine whether any of the employees declared redundant should be assimilated into the vacant post, or offered a redeployment (ring-fenced) interview for it. Records of this assessment process will be kept for six months. 13.0 Assimilation 13.1 Assimilation will occur when a vacancy is very similar to a job to be made redundant. The College will determine this by comparing the two job descriptions and person specifications and assessing similarity on the basis of the extent to which the two positions match, which will be decided at the start of the redundancy process. 5
13.2 Where only one employee has met the criteria for assimilation for a vacant post that employee will be slotted into that post. Where more than one employee is eligible for assimilation to a particular post, then the employees will each be invited to an interview. In such cases this is no longer assimilation but redeployment. Employees may have a trade union representative, or a workplace colleague of their choice, present at the interview in an advisory capacity only, and any such support cannot unfairly advantage the candidate in the selection process. 14.0 Redeployment 14.1 Where any identified vacancy is not so similar as to justify assimilation, but there is a reasonable match (based on an assessment of the skills, qualifications and experience required for the vacant position), the employee will be invited to a redeployment interview. The employee may have a trade union representative, or a workplace colleague of their choice, present at the interview in an advisory capacity only, and any such support cannot unfairly advantage the candidate in the selection process. 14.2 The purpose of the interview is to establish whether, with a reasonable amount of training if necessary, the employee is able to undertake satisfactorily the tasks detailed in the job description for the alternative post. This will be done by: Considering the employee s complete work experience to date (whether paid or voluntary); The skills he/she has acquired over time, and whether these constitute a high percentage of the essential requirements for the vacant post. To establish whether the employee considers the post to be a suitable alternative and is willing to accept it. 14.3 Where two members of staff are equally successful in applying for the same post, the post may be considered as suitable for a job-share arrangement. In this situation the post may then be offered to both members of staff as a job-share, if an additional alternative post cannot be found. 14.4 Where an employee under notice of redundancy is to be redeployed, the College will use its best endeavours to provide retraining which is compatible with the work and business of the organisation so far as is reasonably practicable, having regard to both the cost of retraining and the requirement for the employee to carry out the duties of the redundant post during the notice period. 14.5 Should an employee be offered a reasonable alternative post, and they refuse it, they may not be eligible for a redundancy payment. Each case will be considered on a case by case basis, and in consultation with the individual employee. 15.0 General Recruitment 15.1 Where a vacancy is not similar enough as to justify assimilation or redeployment, the College will be entitled to invite staff to apply for any alternative post. The employee who is at risk will be short-listed and interviewed at the same time as other applicants for the post. 16.0 Pay Protection 16.1 For those individuals accepting redeployment a period of pay protection will be offered in an attempt to keep individuals in work. The period of pay protection will be determined in the context of affordability and in light of any other relevant circumstances, and will be agreed with individuals and on each occasion of a redundancy/restructuring programme being proposed. 6
17.0 Probationary Period 17.1 Once an individual has accepted a redeployed position within the College the first month in post will be considered a trial period, during which time if the new position is not working out for either party then the default position will be redundancy. A trial period may be extended to a maximum of two months following which if the employee continues in the role, the normal probationary review process applicable to the role will be followed and the option of redundancy will no longer be applicable. The probationary period framework is a supportive framework designed to help employees to adapt to the requirements of their new role. 18.0 Time off during notice period to assist with job seeking 18.1 It is recognised that employees under notice of dismissal for redundancy may have a statutory right to reasonable time off with pay during working hours to look for work or make arrangements for training for new employment. All staff will be granted time off in these circumstances, through the College s leave of absence procedure. 19.0 Redundancy Pay 19.1 In calculating redundancy pay due regard should be given to contractual terms and statutory provisions, as set out in Section 162 of the Employment Rights Act 1996. 19.2 Employees with at least two years continuous service will qualify for a statutory redundancy payment. Continuous service with an associated employer under the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999 will be counted for redundancy pay purposes. 19.3 Where the option of voluntary redundancy (VR) is available, the College will communicate the details of a VR package as appropriate and necessary. For the purpose of this document, calculations that might go into a VR package are not detailed as the College is not able to guarantee the offer of the same VR payment terms on every occasion, therefore the terms may be subject to change from time to time. 20.0 Appeal 20.1 All employees will have the right to appeal against dismissal for redundancy. To exercise this right the employee must set out his/her grounds for appeal in writing and send it to the Principal within ten working days of the date on which the decision was confirmed in writing. 20.2 The appeal will normally be heard by the Principal, unless the Principal has been involved in the decision-making process in relation to the redundancy, where the appeal will be heard by a Committee of the Corporation. 20.3 The appeal hearing will be held as soon as reasonably practicable after the notice to appeal has been received (ideally within ten working days). The employee will be given at least five days notice of the hearing date to allow him or her to prepare 20.4 At the appeal hearing the employee will be given the opportunity to state his or her case and will have the right to be accompanied and/or represented by a trade union representative or workplace colleague. 20.5 The employee s period of statutory/contractual notice will run from the date on which the decision to dismiss was made and will continue throughout any appeal proceedings. 20.6 The appeal decision will be communicated as soon as possible following the appeal meeting, and usually within two working days of that meeting. 7
20.7 The decision made at appeal is final and there will be no further right of appeal. 21.0 Fixed-Term Contracts 21.1 Where a fixed-term contract is due to come to an end for reason of redundancy, the same redundancy procedures will apply. Version Date Author Comments Authorised Provenance 1 June 2005 Philip Forrest Employment Committee 2 May 2012 Zoe Shackleton Policy reviewed to present an agreed procedure in the event of redundancies being considered. 21.06.05 Corporation 11.07.12 8