Draft - Avoidance & Mitigation of Redundancy Policy

1.Introduction

1.1BangorUniversity recognises the importance of security of employment for its staff and the desirability of avoidance of compulsory redundancy. The University and the Trade Union(s) jointly commit to avoiding compulsory redundancies wherever possible using the procedures set out in this policy. The University is committed to managing the processes with care and sensitivity in order to mitigate the impact upon all staff.

1.2 Nonetheless, when identified reasons including changes in the patterns of activity, the organisation of work, or the ability to finance work, reduce the requirement for staff, or for staff of a particular kind, the University will, in consultation with staff and the relevant recognised Trade Union(s) as appropriate, take the steps set out below to minimise and manage any redundancies and their impact.

1.3 The policy specifically seeks to highlight and address the measures which will be considered or taken to avoid or minimise the need for potential redundancies and to mitigate their impact should redundancies become unavoidable. The policy may need to be adapted, subject to agreement, where exceptional circumstances demand it; and the policyhas no contractual effect.

1.4 The application of this policy aims to provide for a sustainable staffing profile appropriate to the University’s academic and business plans and needs for the future.

2.Consultation

2.1 The annual devolved planning and budgeting process will identify staffing requirements for each College and Department for a defined period to undertake its activities against the projected finances available. Exceptionally, during the course of the financial year it may become necessary to review the annual plans and budgets in the light of events or factors which may have a significant impact upon the University’s financial position. Any proposals for potential redundancies would be made with reference to relevant strategies, policies or financial issues at Departmental, College or University level.

2.2The University undertakes to consult the relevant recognised Trade Union(s) in a timely and meaningful way about proposed redundancies, potential or otherwise, as early as practicable and will keep the relevant trade unions informed of further developments as they arise throughout any period of consultation.

2.3In[c1] particular, formal consultations will begin (in accordance with current employment legislation):

  • at least 90 days before the first dismissal is due to take effect, where it is proposed to dismiss as redundant 100 or more staff within a period of 90 days or less within a college or department, or
  • at least 30 days before the first dismissal is due to take effect, where it is proposed to dismiss as redundant between 20-99 staff within a period of 90 days or less within a college or, department; or
  • as soon as is reasonably practicable before the first dismissal is due to take effect, where it is proposed to dismiss as redundant fewer than 20 staff within a college or department.

2.4To initiate and facilitate consultation formally, the University will provide the relevant recognised Trade Union(s) with written information relating to its proposals, including the:

  • reasons for the proposals;
  • number and description of members of staff it is proposed to declare redundant;
  • total number of members of staff of any such description employed in the College or Department, directly affected;
  • proposed method of selecting the members of staff who may be identified as redundant;
  • proposed method of carrying out the dismissals in accordance with agreed procedures as appropriate;
  • period over which the dismissals are to take effect;
  • proposed methods of appeal;
  • proposed redundancy terms, including whether provision is to be made for pay in lieu of notice, and the method of calculation, if other than that specified by employment legislation;
  • impact assessment, including equality.

2.5Such consultation will be meaningful to both parties, and conducted with the representatives of all staff who may be affected, with a view to reaching agreement on ways to avoid, to reduce the numbers of, and to mitigate the consequences of the potential redundancies.

2.6At the appropriate stage in the process, the University will also offer the opportunity for a member of staff to discuss implications for affected staff with the relevant Head of College/Department or nominee.Consultation with groups of affected staff will be conducted in conjunction with the Head of College/Department and with Human Resources. Such discussion will also explore ways to avoid potential redundancies, which could include redeployment, severance or early retirement.

2.7Where a proposal(s) from an early stage points to a specific post(s) being identified as potentially redundant, a comprehensive review of the options will be carried out with the post holders in consultation with the relevant Trade Union representative or colleague. At all stages of individual consultation, staff may be accompanied by a Trade Union representative or colleague.

2.8The University will provide the relevant Trade Union(s) with a copy of any statutory notice supplied to the Department of Trade and Industry about the proposed redundancies, if applicable.

3. Initial steps to avoid redundancy

3.1 The University will seek to mitigate the effects of any potential reduction in staff numbers by fully considering alternative courses of action to minimise or eliminate the need for redundancy. Such action may include:

  • reduction in non-staffing costs;
  • methods of increasing income to the College or Department affected;
  • reduction and/or termination of the use of external staffing resources e.g. agency staff;
  • non-replacement of staff following normal staff turnover;
  • restrictions on external recruitment in the staff categories affected or in areas to which staff may be redeployed;
  • where relevant, reducing or eliminating paid overtime;
  • reduction of hours of work;
  • redeployment, relocation and/or retraining of members of staff to, and for, alternative types of work, or places of work within the University; and
  • the offer of voluntary early retirement or voluntary severance to staff within the College orDepartment.

3.2 The scope to use any of these measures listed (but not exhaustive) will be considered by the relevant College or Department, or the University Executive Team as appropriate to the circumstances of each case, in consultation with relevant individual members of staff and the relevant recognised Trade Union(s).

4. Voluntary Severance/Early Retirement

4.1 The University, will give full consideration to achieve the necessary reduction in the number of staff employed through voluntary severance or early retirement.

4.2 Requests for voluntary severance/early retirement will be accepted at the reasonable discretion of the University. In considering such requests, the University will be guided by the institutional interest and financial considerations. The Director of Human Resources or nominee will establish and apply the selection criteria and manage the voluntary severance/early retirement scheme, in consultation with the management of the College orDepartmentas appropriate. Under any voluntary severance/early retirement scheme applications will be considered in line with the strategic aims, objectives and financial position of the relevant College or Department.

4.3 Members of staff considering voluntary severance/early retirement may be eligible to receive a severance payment and/or pension (without reduction) in accordance with any Voluntary Severance/Early Retirement Scheme in existence at that time. The University will consult with the relevant recognised Trade Union(s) on the terms of each scheme for voluntary severance/early retirement under each redundancy proposal. Whilst minimum terms will normally apply for each redundancy proposal the University retains the right to offer flexible terms on a case by case basis as appropriate.

4.4 Members of staff who leave the University through voluntary severance/early retirement may only be eligible for re-employment after a suitable break in service, which will be a minimum of one month’s duration and not normally under the same contractual terms i.e. hours/salary as previously employed.

5. Redeployment

5.1 Eligible staff will be those volunteering for redeployment and those whose posts have been formally identified as provisionally redundant or who have received formal notice of redundancy. The redeployment protocolaims to ensure that eligible staff are considered for suitable alternative posts within the University. The University Redeployment Protocol is attached as Appendix One.

6.Miscellaneous

6.1 Members of staff dismissed under the University’s Disciplinary Procedure whilst under notice of redundancy will forfeit any entitlement to a redundancy payment, regardless of whether the redundancy was to be voluntary or compulsory.

6.2 Where, following appropriate consultation, the University concludes that alternative means have failed to avoid sufficiently the requirement for redundancy; the University will use the Management of Compulsory Redundancy Protocol to implement compulsory redundancies.

1

[c1]
Section 2.3 - I would like to see a statement that says the University will enter into meaningful consultation with the recognized trade unions at the earliest opportunity and with a view to reaching agreement on ways of avoiding redundancies. We would also request for consultation on all potential redundancies and not just those involving 20 or more staff.
We may have further comments to make on the hope that there will be a national policy forthcoming.