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Redundancy

We are committed as far as possible to providing a stable and secure working environment to you.  However, there may be times where our roles, work, new technology and organisational changes which then requires redundancies. 

You are redundant if you are dismissed because:

  • We stop or intend to stop the business or service for which you were employed or the place where you were employed; or
  • The need for you to carry out particular work for the business or service or the place where you were employed, has stopped or reduced or closed or is expected to stop or reduce or close.

It does not apply in cases where Transfer of Undertakings and Protection of Employment (TUPE) has been identified.

Our recognised Trade Unions will be consulted at all stages of this procedure.  If 20 or more employees are facing redundancy within a 90-day period at one establishment then collective consultation will apply.

If you are absent from work for whatever reason but  particularly when on maternity, adoption or surrogacy leave, shared parental leave or due to long term illness your manager will keep you informed at all stages of this procedure and you will be given the same information and opportunities as other affected employees.

If you have a disability you manager will consider your needs during the process and make reasonable adjustments as necessary. 

You have the right to be accompanied by a companion, at all formal stages of this procedure. A companion can be a trade union representative or official, or a work colleague.

Heads of Service (HoS) & Line Managers

Your Head of Service and manager are responsible for producing the business case, implementing an agreed consultation plan and speaking to you and other staff affected. This is to ensure you are kept up to date at all stages and that all alternatives to redundancy are considered including redeployment to other departments within the Authority. 

Directors

Your Director or his/her representative are responsible for ensuring that a robust business case has been put forward and that your Head of Service and manager apply this policy fairly and equitably.  Your Director will start consultation with the Trade Unions and ensure that you are consulted with and kept up to date with developments.  

People Management (PM)

A HR Advisor from People Management will advise your department at all stages of the procedure. This is to ensure the legal requirements are followed for consultation, notice periods and redundancy payments, etc. The HR Advisor will also ensure notice letters are issued and redeployment or other options are explored in line with the Redeployment Policy and procedure.  

As soon as it is clear that the business or service is going to reduce or cease and this will affect the size of our workforce, alternatives to redundancy should always be considered. 

This may include:

  • Recruitment freezes
  • Curtailing use of agency/casual workers
  • Reduction in overtime working
  • Part time working or other flexible working options
  • Natural wastage

The Restructure Policy should be read alongside the Redundancy Policy where potential redundancies may happen as a result of planned organisational and structural change within your department

Where possible, volunteers for redundancy will be asked to come forward. 

If the number of volunteers is more than the number of redundant posts or if the volunteer route is not appropriate, then redundancy selection criteria will apply. 

Redundancy criteria will be developed in consultation with recognised Trade Unions and agreed by your Director and Assistant Chief Executive (People Management) or their nominated representatives.  Please read our Redundancy Selection Guidance (.pdf).

Commonly used selection criteria includes:

  • Skills or experience
  • Standard of work performance or aptitude for work (with reference to appraisals)
  • Attendance (excluding absences relating to disability, pregnancy or maternity)
  • Disciplinary record

If you are potentially redundant, you will be assessed against the agreed redundancy selection criteria and you will be advised of the outcome as soon as possible. This may include an interview and you being assessed against the agreed selection criteria.

There may be circumstances where the use of selection criteria is not appropriate, e.g. where one post is affected. In this case your manager will be advised to start to look for suitable alternative employment in line with our Redeployment PolicySearch through current redeployment opportunities on our website.

If you are affected by redundancy we will advise you in writing and you will be supported to find Suitable Alternative Employment (SAE) in line with our Redeployment Policy.

We are obliged to offer SAE to you (where available) if your post becomes redundant when you are on ordinary and/or additional maternity leave, adoption or surrogacy leave or shared parental leave. This means that you will be offered SAE vacancy as it becomes available and before any other employee whose job is also redundant but who is not absent for one of these reasons. This applies even where the vacancy arises before you have notified us of your intended date of return.

You should work together with your manager to look for vacancies and consider other posts.  If you unreasonably refuse an offer of SAE you may lose your entitlement to redundancy pay. Search through current redeployment opportunities on our website.

If the offer of Suitable Alternative Employment (SAE) differs greatly from your current employment, you have the right to a trial period of four weeks or longer (up to a maximum of 12 weeks), if agreed by us.  The trial period starts when your previous contract ends, i.e. at the end of your contractual notice period.  This gives you the chance to decide whether the job is suitable without losing the right to a redundancy payment.

If the trial period is successful for you and us, you will be confirmed into the new post and will no longer be entitled to a redundancy payment. 

If the trial period is not successful, your contract of employment may end and you will be entitled to your redundancy payment. 

Acceptance of SAE will be on the pay and conditions for the new post. There are no pay and conditions protection arrangements.

If you unreasonably refuse SAE you may lose any entitlement to redundancy pay.

Time off with pay will be given to you during your notice period to look for work or retraining opportunities.  Requests for time off should be made to you manager in line with the our Time Off Policy.

You should be offered by your manager the option of Cognitive Behavioural Therapy counselling via the Occupational Health Unit

If you have two years or more continuous service at the date your employment ends you will be entitled to a compensation payment in line with statutory redundancy payment schemes and/or the Council’s discretionary policy. Our discretionary policies do not infer contractual rights and are subject to change at any time.

If you are aged 55 and over may be able to access your retirement pension immediately.  Please contact your HR team for further information.

Please read the Redundancy Policy (.pdf) for further details on outstanding payments including holiday, loans, salary sacrifice schemes, returning our property etc.

You have a right of appeal against selection for redundancy and dismissal, on the following grounds:

  • Unfair selection for redundancy
  • Failure to follow procedures
  • Dismissal on the grounds of redundancy

All appeals should be made in writing (where possible) to the Assistant Chief Executive (People Management).  Appeals should be submitted within 14 calendar days from the date of the letter confirming selection for redundancy/dismissal. The letter should include the detailed reasons for appeal.

Appeals will be acknowledged within 14 calendar days.

The Assistant Chief Executive (People Management) will arrange an Appeals Panel to consider the appeal.  This will include a Director (or his/her nominated Head of Service) and a HR Advisor (People Management). The Appeal Hearing should be held as soon as possible, at a reasonable time and place and you should take all reasonable steps to attend.

If you need support to submit an appeal, please contact the HR team or your Trade Union Representative.

The Appeal Hearing and decision is final and should be notified to the you within 14 calendar days. There is no further right of appeal within the Council.

This policy must be applied consistently to all employees irrespective of race, colour, ethnic or national origins (including citizenship), language, disability, religion, belief or non belief, age, sex, gender reassignment, sexual orientation, parental or marital/civil partnership status, pregnancy or maternity.

If you have any equality and diversity concerns in relation to the application of this policy and procedure, please contact a member of the HR Team who will, if necessary, ensure the policy/procedure is reviewed accordingly.

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Page updated: 26/03/2018 09:28:39