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Redundancy Policy and Procedure

This policy outlines how we manage significant changes to our people and resources effectively, fairly and in line with our legal requirements.


Policy


1. Aim

The University of Bath is a dynamic organisation and is therefore engaged in an ongoing, continuous process of seeking innovation and improvement, which will often result in organisational change. It is essential that the University manages that change in a fair, consistent and effective manner.

From time to time, it will need to disestablish posts, and in so doing, it will seek to avoid compulsory redundancies wherever possible as far as is consistent with operational effectiveness. Where it is necessary that such redundancies should occur, we will endeavour to handle them in a manner which is fair, consistent and empathetic, and which minimises any hardship to the individual(s) concerned.

2. Scope

The University wishes to use its resources to achieve maximum effectiveness. This may mean the need for some existing posts to cease (for example when external funding streams cease), diminish or change.

Due to the nature of University funding, and, in particular, research funding, redundancy associated with the expiry of external funding is difficult to avoid. The large number of posts within the University which are dependent on time-limited research funding makes it necessary to apply a specific process for the termination of fixed-term posts, which is set out in the End of fixed-term contract process: guidance for managers and staff.

This process and guidance ensures that the University maximises the opportunities for staff employed on external funding to be re-deployed to other suitable posts within a standardised process. It also differentiates between fixed-term contracts due to end for redundancy and non-redundancy reasons.

This policy applies to all staff. The procedures apply to all staff other than those staff who are covered by the provisions of Statute 25, for whom the redundancy procedure set out in that Statute must be followed.

3. Facilitating ongoing change

As part of its ongoing management processes, which will include Staff Development Performance Reviews (SDPRs), other staff development and communication processes, and general forward planning, Heads of Departments and other leaders and managers within the University may seek and be able to mutually agree operational changes with the staff affected which may remove or avoid the necessity for formal redundancy processes to be invoked. Any such changes should be formally agreed and recorded, taking advice from the Department of Human Resources, as necessary.

It is an important role for leaders and managers in the University to look ahead with their staff and adapt posts, teams and services in light of future changes so that they can best deliver the University’s purpose, goals and objectives into the future.

4. Redundancy Procedure

4.1 Considering proposed changes

If any proposed business changes look likely to result in reduced staffing levels, or significant changes to duties or terms and conditions, advice should be sought from the Department of Human Resources. Such changes should be carefully considered. The University will inform trade union representatives as early as possible about the proposed changes, the reasons for them and the numbers and posts potentially affected. Normally, the trade unions would be informed at the trade union consultation meetings of potential future redundancy situations.

4.2 Avoiding redundancy

In order to avoid compulsory redundancy, maximum advantage will be taken of alternative solutions, which may include:

  • Natural wastage
  • Redeployment to other parts of the organisation
  • Restriction on recruitment where practicable
  • Ceasing the employment of agency/contract staff
  • Reviewing the use of temporary staff
  • Ceasing or reducing overtime
  • Seeking appropriate volunteers for redundancy, where this would avoid or reduce the number of staff becoming compulsorily redundant
  • The University may also seek appropriate volunteers for voluntary severance (VS) - this may only apply in certain situations where someone leaving early though VS would avoid or reduce the number of staff becoming redundant
  • Considering suggestions from trade unions and employees

Where the redundancy is due to the expiry of external funding, the expiry date will be known at the outset. The Department of Human Resources will normally notify the Department, the trade unions and the individual holding the post in advance of the expiry of funds.

Managers/Principal Investigators (PIs) should hold an individual consultation meeting where the member of staff affected may be accompanied by a trade union representative or work colleague if they wish.

4.3 Collective consultation with trade unions

Where proposed changes in response to changes in business or other requirements could result in posts becoming redundant, the University will consult with the trade unions as early as possible to allow feedback and comments on the proposals.

Where there are specified numbers, the appropriate statutory consultation periods will be observed as set out below:

  • Where between 20 and 99 redundancy dismissals are proposed within a 90-day period: minimum 30 days before the first dismissal takes place
  • Where over 100 redundancy dismissals are proposed within a 90-day period: minimum 45 days before the first dismissal takes place

Please note that the termination of fixed-term contracts are excluded from the collective consultation requirements and therefore should be excluded from these numbers.

These periods of consultation will commence from the time that the trade unions have been provided in writing with the following information:

  • Reasons for the proposed redundancies
  • Numbers and descriptions of employees occupying posts at risk
  • Criteria for selecting employees for redundancy
  • Equality Impact Assessment for proposed changes
  • Timescale for dismissals
  • Method of calculating redundancy payments of affected staff

4.4 Individual consultation with affected staff

Employees occupying a post at risk will be advised in writing as soon as possible and will be seen individually by their manager and normally a Human Resources Business Partner or Advisor will also be present. Employees may also be accompanied by a trade union representative or workplace colleague at these meetings.

The purpose of the meeting will be to explain:

  • the proposed changes in staffing and the reasons for them
  • the proposed timetable
  • the policy and how it will be implemented
  • and to seek the views of the employee with respect to any practical means of mitigating or avoiding the redundancy, and with regard to future employment, retraining or redeployment

A consultation period with the employee of not less than one week will take place with affected staff.

4.5 Notification to the Insolvency Service

The University is required by law to inform the Insolvency Service, if it is proposing to make more than 20 employees redundant at any site within a 90-day period. This must be completed at least 30 days in advance of the first dismissal and at least 45 days in advance for 100 or more employees.

As confirmed under Section 4.3 above, the termination of fixed-term contracts are excluded from these numbers. The Department of Human Resources will undertake the necessary notifications.

4.6 Selection for redundancy

The University is committed to ensuring fair treatment in the selection for redundancy. Where selection for redundancy is required, the University will consult with the relevant recognised trade unions on the method of selection as part of its collective consultation (see Section 4.3 above).

4.7 Method of selection

In selecting employees for redundancy any of the following criteria may be applied; this list is not exhaustive:

  • Skill, competence and experience: employees who lack the skills, competency and/or experience against those required for the post, or whose skills and/or experience are less developed than others in the pool
  • Performance and conduct at work - for example, employees whose records contain evidence of a warning under the disciplinary, capability or sickness policies and procedures or other evidence of poor performance or conduct. For sickness absence, only absence not related to a confirmed underlying health condition may be considered

Alternatively, where there is a re-structuring within a team or area, the University may identify as ‘at risk’ all staff in the old posts and select which of these at-risk staff are slotted into the available new posts in the new structure by a process of ring-fenced competitive interviews or assessment against the person specification criteria of the new posts. Those staff who are unsuccessful from this ring-fenced process will remain at risk of redundancy and will move onto the processes under Section 4.9 (Notice of redundancy) and Section 5 (Redeployment Procedure).

Where the redundancy is due to the expiry of external funding, other than in exceptional circumstances, the selection of staff to be placed at risk of redundancy will be determined by their holding of a post which is established by the expiring of funding. Efforts will be made to re-deploy individuals in line with Section 5 below. A staged dismissal procedure will be followed:

  • The employee will be informed in writing of the proposed redundancy and the reasons
  • The employee will be invited to a consultation meeting to discuss the redundancy and redeployment opportunities
  • The employee will be informed of their right to appeal against the redundancy

4.8 Representation

Employees have the right to be accompanied by a work companion, who may be a fellow employee of the University, a locally accredited trade union representative, or an accredited official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.

4.9 Notice of redundancy

Employees selected for redundancy will be informed in writing and given notice of their dismissal due to redundancy. As a minimum, this will be the notice period to which they are contractually entitled.

4.10 Redundancy payments

Statutory redundancy compensation payments will be made to eligible staff. Employees who are dismissed on grounds of redundancy will be given the period of notice, or payment in lieu of notice, to which they are entitled under statutory legislation or their contracts of employment. Payments in lieu of notice will be taxed as earnings and subject to the deduction of income tax and national insurance contributions. Staff will be entitled to payment in lieu of any leave entitlement which is untaken at the date of termination of the appointment. The calculation of entitlement will be based upon the proportion of the leave year at the date of termination of the appointment.

5. Redeployment Procedure

5.1 Suitable alternative employment

The University will do all that is reasonably practicable to redeploy staff at risk of redundancy to suitable alternative employment.

Suitable alternative employment is a post which is at the same grade, with comparable terms and conditions of employment and which a candidate at risk of redundancy can either carry out based on their existing skills, knowledge and experience or could do so with reasonable training.

The University will consider roles as potential suitable alternative employment if they are at the same grade and have comparable terms and conditions of employment e.g. hours per week.

Candidates at risk of redundancy may additionally consider posts at one grade lower than their current post and/or on reduced hours as suitable alternative posts and apply for these as potential suitable alternative employment.

When an organisational change consultation both confirms some posts redundant and creates new potential suitable alternative posts, the redundant staff who were part of that consultation will be invited to apply for these potential suitable alternative posts on a priority basis, i.e. before other staff on the redeployment register who were outside of that particular consultation.

Redeployees may also apply for other posts e.g. at a higher grade through the University’s e-recruitment system but without any priority status.

5.2 Employees planning, taking or having returned from maternity, adoption or shared parental leave in the last six months

In line with the Protection from Redundancy (Pregnancy and Family Leave) Bill, employees who have confirmed they will be taking, are currently on or have returned from maternity leave, adoption leave or shared parental leave have an enhanced right to any suitable alternative employment that exists, ahead of any other employee including those also at-risk of redundancy for a period of 18 months from the date of birth/adoption.

Eligibility for enhanced rights to suitable alternative employment:

Start of protection End of Protection
Pregnancy (which is followed by maternity leave) When the employer is informed of the pregnancy The date maternity leave starts (but the protection then continues during and after maternity leave - see below)
Pregnancy with a stillbirth before 24 weeks (employees who experience a stillbirth after 24 weeks are entitled to maternity leave) When the employer is informed of the pregnancy Two weeks after the end of the pregnancy
Maternity leave Start of statutory maternity leave 18 months after the expected week of childbirth (or the child's actual birth date if the employer is notified before the end of maternity leave)
Adoption leave Start of statutory adoption leave 18 months after the child is placed with the employee for adoption (or enters the UK if it is an overseas adoption)
Shared parental leave (SPL) Start of SPL 18 months after the child was born or placed with the employee for adoption, provided the employee has taken six or more consecutive weeks of SPL. If they have not, their protection applies only to the period they are on SPL. If the employee takes discontinuous leave, the redundancy protected period finishes at the end of each period of shared parental leave. If the employee has also taken maternity or adoption leave, those relevant protection periods apply rather than the SPL ones

If the employee will be, or is currently on maternity leave, adoption leave or shared parental leave when they accept the suitable alternative post, it must be kept open until they return from maternity leave, adoption leave or shared parental leave.

5.3 Redeployment Process

The University will place eligible employees who are under notice of redundancy on the University’s Redeployment Register until their notice period expires and their employment is terminated.

Any employee whose post is at risk of redundancy due to an organisational change consultation may request to be placed on the redeployment register from the start of the consultation process.

Employees on the Redeployment Register will be given preferential consideration in respect of advertised vacant posts within the University. This means that unless the vacancy is at a higher grade than their existing post (when normal advertising and selection arrangements would apply), departments must interview employees at risk of redundancy before any other candidates, provided the application arrives by the advertised redeployment closing date and the candidate is able to meet the essential criteria for shortlisting for the post. This should happen before any other (non-Redeployment Register) candidates are invited for interview. If the interview confirms that the candidate meets all the essential criteria for the post, or could do so with reasonable training, they should be offered the post on a trial basis (see Section 5.6 below).

Once a post has been advertised for recruitment, employees on the University’s Redeployment Register will be able to view and apply for suitable alternative positions on a priority basis through the University e-recruitment system. Redeployment candidates will be assessed against the essential criteria (as set out within the person specification) for the post. If the application demonstrates they potentially meet the essential criteria, or could do so with reasonable training, the redeployment candidate will be invited to an assessment process. Normally, this assessment process will include an interview and a Human Resources Business Partner or Advisor may attend the interview. If the employee meets (or best meets if there is more than one at-risk employee being considered) those criteria, they will be appointed to the post subject to a trial period (as per Section 5.6 below). In the event that the assessment panel concludes that an individual is not suitable, the Chair of the panel would be required to provide the objectively justifiable reasons for reaching that decision.

It is the responsibility of the Department of Human Resources to advise on the suitability or otherwise of candidates for redeployment. Departments have a requirement to follow advice provided by the Department of Human Resources in these matters.

Should the selection panel decide for any reason not to offer a vacancy to a candidate in the above categories, full records must be kept and the panel must be able to show that the reason for its decision was clearly based on a comparison of a candidate’s skills, abilities and experience with those required for the post.

Redeployment to a suitable alternative post must happen either during the redundant employee's notice period, or within four weeks of the employee’s redundancy date. Any period between the effective redundancy date and the start of the suitable alternative post will be treated as either annual leave, if available, or unpaid leave with no break in employment.

When a redundant employee is redeployed to a post one grade below their redundant post, they may request to remain on the Redeployment Register for a period of six months from their redeployment date.

5.4 Refusal to accept a suitable alternative post

If an employee refuses an offer of suitable alternative employment and in the University’s view the refusal is unreasonable, the right to redundancy payment will be forfeited.

5.5 Pay protection

Employees who are redeployed to a post one grade lower than their previous, redundant, post will be entitled to pay protection on a mark-time basis for a period of 12 months, which will commence on the date on which they are transferred to the new post. During this time they will not be entitled to cost-of-living awards or incremental progression. After the end of that period, they will normally transfer to the top non-contributory point of the lower grade and become eligible for cost-of-living increases and contribution pay in the lower grade.

5.6 Trial periods

Employees at risk of redundancy who accept the offer of suitable alternative employment are entitled to a trial period of four weeks. The duration of the trial will be confirmed and notified to the employee before the trial commences. The trial period will give both the employee and the University an opportunity to assess whether the new post is suitable, including the assessment of reasonable training, where agreed.

If, following the completion of the trial period, an alternative post is deemed not suitable by the University or the employee, the employee would be entitled to receive a redundancy payment. The trial period will run concurrently with the notice period where notice has been given.

5.7 Time off to seek alternative employment

Employees under notice of redundancy and on the University’s Redeployment Register are entitled to reasonable time off to look for alternative employment or to arrange training. Additionally, staff at risk of redundancy, but whose posts have not been confirmed redundant, will be granted reasonable time off to look for alternative employment.

5.8 Early release of redundant employees

Employees under notice of redundancy who obtain employment with a different employer may ask to leave early. The University will not unreasonably refuse such a request and a mutually agreed date will be established. The date will become the revised date of redundancy for the purposes of calculating any entitlement to a redundancy payment and for establishing the employee’s effective date of termination. There will be no entitlement to payment for the remainder of the original notice period.

6. Appeal Procedure

Employees who consider that the selection criteria has been unfairly applied to them and that they have been unfairly made redundant have the right of appeal.

Staff wishing to appeal under this section should write within 10 working days of the receipt of the letter giving notice of their termination of employment to the Director of Human Resources, stating the reasons for their appeal. This appeal process should be followed and not the Grievance Policy and Procedure.

The redundancy notice will not be suspended during the appeal but will be revoked or amended if the employee is successful. The appeal will be heard by a panel of three members chaired by a Pro-Vice-Chancellor, Vice-President or Chief Operating Officer advised by the Director of Human Resources or their deputy.

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