Model Policy and Procedure

Dealing With a Staff Restructure

Introduction

  1. This is an agreement between <name of college> and the trade unions: ACM, <names of other unions> setting out the policy considerations and procedural matters that will be applied in the event of a restructure of any management, teaching or support staff positions. The aim is to ensure as smooth a process as possible at what could clearly be a worrying time for the staff concerned.

General Principles

  1. It is recognised that unforeseen or difficult external or operational factors may only be overcome by a restructuring of staff positions within one or more areas of the college. However, given the impact this can have on staff job security and morale, no restructuring will be undertaken without serious consideration of alternative solutions and meaningful consultation with recognised trade unions. Every attempt will be made to minimise the effect on staff and avoid compulsory job losses.

Timescales

  1. In order to avoid any potential breach of contract or unfair dismissal claims from affected staff, the college will not begin appointing staff to any new posts, nor issue any notices of redundancy, until

a)collective consultation with trade unions has been completed

b)volunteers for redundancy (where applicable) have been approved

Consultation With Trade Unions

  1. The college will undertake collective consultation with all the recognised trade unions, even if in some cases a union’s members are only indirectly affected. Consultation will begin at the earliest opportunity. This means starting consultation once a draft new structure is initially formulated, and immediately it appears that redundancies are being contemplated, regardless of the numbers involved.
  1. Consultation will be undertaken with a view to reaching agreement, and will continue until all outstanding issues have been resolved (or within a timescale agreed with the recognised trade unions) taking account of any legal requirements.

Provision of Information

  1. During the consultation process, the college will provide the trade unions with

a)an explanation of the factors leading to the initial proposal,

b)the rationale and expected benefits of a new structure

c)the initial outline of the proposed new structure

d)the proposed method of making appointments to posts in the new structure

e)the numbers and descriptions of any employees whom it is proposed to dismiss as redundant

f)the total number of employees of that description employed at the establishment

g)the proposed method of selecting the employees who may be dismissed

h)the proposed method of carrying out the dismissals, including the period over which the dismissals are to take effect, and

i)the proposed method of calculating the amount of any redundancy payments to be made (other than statutory redundancy pay) to employees who may be dismissed.

Matters for Joint Consultation and Agreement

  1. During collective consultation, the College will invite comments, suggestions and alternatives from the trade unions on any aspect of the proposed restructure, including the impact of any changes, reorganisation, creation or deletion of job roles, posts, and departments etc.
  1. The college and the trade unions will, taking account of the policies set out below, consult with a view to reaching agreement on the following matters:

a)Matching/selection process for making appointments to the new posts, including timescales

b)The red circling of any current posts

c)Arrangements for individual consultation with those affected

d)Pay Protection for those moving to lower paid posts

e)Voluntary Redundancy procedure

f)Redundancy Pay

g)An appeals process

h)An overall timetable for implementation of the restructure

Red circling

  1. Staff whose jobs are unaffected, or who are a single match for a particular post, will be red-circled for that position.

Voluntary Redundancy

  1. Where redundancies are contemplated, the college will attempt to mitigate the need for compulsory dismissals by seeking volunteers. Approval of volunteers will be completed before the selection for new posts begins.

Selection process

  1. Details of new job descriptions and person specifications, together with salary details and other contractual changes, will be made available in good time to enable proper consideration by those who may apply. Established recruitment and selection procedures will be used to select and appoint staff to new posts.Non-routine testing methods will not be used unless they can be justified.
  1. Written guidelines will be drawn up on how selection criteria should be measured and applied; and made available to all affected staff.
  1. Posts will not be advertised externally unless the internal selection process has failed to fill the particular vacancy.

Protection of Pay and Conditions

  1. Any individual who is appointed to any position at a lower rate of pay will continue at their current salary for a maximum period of three years or if sooner, until the pay rate for the post reaches the same level.
  1. The college will not use the restructuring process to changes to any other substantive terms and conditions of service, other than minor changes that may be required for specific posts.

Job Offers

  1. A minimum of seven days will be allowed for staff to consider whether or not to accept a new job offer.
  1. Although induction and training may be appropriate for the role, staff with one year of continuous service at the college will not be forced to undergo a new probationary period.

Individual consultation

  1. An Individual who is not appointed to a post in the new structure, regardless of the reason, will be consulted with on a personal basis. Throughout the consultation process, the individual may be represented by a trade union official or a work colleague.
  1. Potentially redundant staff are informed and consulted over the following:

a)Confirmation of the selection process for new posts and/or possible redundancy

b)The reasons why their application for a new post was unsuccessful (including full feedback and access to interview scores etc.)

c)Their right to appeal against redundancy dismissal

d)The opportunity for redeployment elsewhere in the college.

e)The content of any proposed redundancy package (including outplacement support and other extras)

f)The likely impact on their future pension and how this may be mitigated

g)Payment arrangements for untaken leave and outstanding expenses.

h)Notice period

i)A suitable reference

j)Confirmation of the date on which redeployment, dismissal, payments etc. will be made.

Notice

  1. Staff to be made redundant will be given notice in accordance with their contractual or statutory rights, whichever is the better.
  1. Staff taking up new posts will be entitled to insist on their contractual notice, or they may agree to waive notice.

Redeployment – Suitable Alternative Employment

  1. In accordance with legal provisions, the college will make every effort to offer suitable alternative employment to staff under notice of redundancy. However, staff will not lose any redundancy pay should they choose to decline such an offer.

Redundancy Pay

  1. The College will use an individual’s actual weekly salary in the calculation of redundancy pay, or the current statutory minimum, whichever is the greater.

Paid Time Off to seek alternative employment

  1. The college will provide all employees facing redundancy with paid time off to seek alternative employment. This will include attendance at job fairs, re-training events, open-days and job interviews.
  1. Requests for paid time off should be made to the individual’s line manager.

Appeals Process

  1. All staff have a right to appeal against a dismissal for redundancy purposes, or against a failure to be appointed to a particular post in the structure. A procedure to be used will be agreed with the trade unions during the consultation process.

Compromise agreements

  1. Where it is considered necessary to secure a compromise agreement on behalf of an individual leaving as a result of redundancy, the college undertakes to reimburse individuals for any legal costs incurred.
  1. The college acknowledges that penalty clauses may be unenforceable and so will not seek their inclusion in a compromise agreement.

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