Avoidance of Redundancy Committee Terms of Reference

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 Redeployment Policy

 Redeployment and Career Planning Policy for Research Staff

1. Introduction

1.1 This document provides a framework agreed between UCEA (acting on behalf of its member institutions) and recognised trade unions for the avoidance of compulsory redundancies. It is not intended to remove any current protections afforded to staff under their contracts of employment or under existing legislation. This procedure applies to all staff of Edinburgh Napier University. The framework and any agreements made under it will give due regard to the ACAS code of practice on redundancy handling. In addition this agreed framework should be read in conjunction with the University  Redundancy Policy,  Redeployment Policy,  Managing Organisational Change Policy and any other relevant University policy.

1.2 It is the intention of this agreement to encourage full engagement of the trade unions in the planning and taking forward of organisational change. By implementing all the measures associated with this agreement, the employers recognise that compulsory redundancies are avoidable.

2. Avoiding Redundancies

2.1 To this end, the institution will establish a Committee on Redundancy Avoidance, which will consist of management and union representatives in equal numbers. This Committee and its work will be fully funded by the institution, including the provision of additional union facility time and line managers will be advised of the additional time their staff may be required to give.

2.2 Regular meetings of the Committee will be scheduled throughout the year to identify any potential future problems regarding funding and organisation issues affecting the institution, with the specific intent of avoiding redundancies (for example, those arising from a fall in student numbers). The institution agrees to full disclosure of the necessary information to enable an informed dialogue, including full disclosure of all necessary financial information. All information requested and supplied will be in accordance with Data Protection and Freedom of Information principles. As a minimum, meetings will be scheduled on a quarterly basis and more frequently as required and agreed at the ARC meetings.

2.3 The Committee will develop an agreed communication strategy which will ensure that trade union representatives remain accountable to their constituencies and that the employer can keep all staff apprised of developments. Meetings will be minuted and copies of the minutes made available. The committee will agree the extent, timing and content of all staff wide communications.

2.4 The Committee will also develop and oversee the arrangements for:

• a robust redeployment policy (Appendix 1) 
• clear guidelines for research staff, (Appendix 2)
• careers advice, as agreed;
• training in transferable skills, including the part funding of fees associated with further or higher education study, as agreed;
• collaborative work with other institutions in the same geographical area to extend 'redeployment' opportunities;
• job fairs; 
• CV completion.

2.5 In potential redundancy situations, the institution recognises the benefit of early and meaningful consultation with unions.

2.6 The institution also recognises its additional statutory obligations in respect of consultation.  Consultation will include consideration of the steps to avoid compulsory redundancy listed in 2.7 below and will be with a view to reaching an agreement.  Early consultation regarding these steps will take place at the point where a potential redundancy situation is identified and prior to formal notification of a redundancy situation, The institution agrees that, where possible, depending on the reason for redundancy (see Appendix 3) an additional 30 days will be added to any statutory minima.

2.7 The institution will give consideration to the appropriateness of the following measures on each occasion that a redundancy situation arises:

• trying to make savings in non staff budgets;
• reduction of staff levels by natural wastage;
• redeployment (including, where necessary, retraining) to other parts of the organisation;
• reduction or elimination of overtime working;
• freezing of external recruitment, as agreed within the context of the redeployment policy and through consultation with trade unions;
• ending the employment of external contractors;
• considering volunteers for part-time working;
• considering volunteers  for  job sharing;
• unpaid sabbaticals and secondments;
• seeking alternative funding, e.g. where funding for a particular project has expired.

2.8 If, having followed the measures outlined above, the institution still requires a reduction in staffing levels, volunteers will be sought for redundancy or where practicable, from areas of work where staff  possess transferable experience and skills to enable possible redeployment.

2.9 The Institution will establish a budget which will be used to provide training for those persons who are at risk of redundancy (for example, those placed on the re-deployment register). The level and scope of training will be agreed to address careers advice and transferable skills as stated in 2.4 above.

3. Formal Consultation Procedures

3.1 In the unlikely event that the measures outlined in section 2 fail to remove the potential redundancy situation, for the purposes of consultation the institution will provide unions with the following information:

• reasons for the proposals;
• number and description of employees whom it is proposed to dismiss as redundant;
• total number of employees of that description employed at the institution;
• proposed method of selecting the employees who may be dismissed;
• 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;
• proposed method of calculating the amount of any redundancy payments made to employees who may be dismissed;
• statistics on staff turnover for the last three years;
• list of vacancies on a weekly basis;
• details of the institution's current financial position;
• the financial impact of any proposed redundancies;
• the impact on remaining posts of any job losses;
• information about redeployment opportunities and details of failure to redeploy;
• agreed details of the Appeals procedure                                 

This list is not exhaustive.

3.2 The institution will actively engage with unions with a view to reaching agreement about ways of:-

• avoiding the dismissals;
• reducing the number of employees to be dismissed;
• mitigating the consequences of the dismissals.

This will be handled in accordance with agreed University policies, including the University Redundancy Policy and Redeployment Policy.

In line with obligations to consult, reasonable time and opportunity will be give to the union representatives to consider the information provided, to seek clarification, or challenge assumptions and to put forward their own views or proposals. The institution will give these proper considerations and answer them in writing explaining any changes to the original proposals, the reasons for rejecting any alternative proposal and confirming the final proposals.

The institution must conduct equality impact assessments (EIA's)and will consult unions to ensure prior consideration on whether the proposals might have a disproportionate or adverse impact on staff of one or other agenda, minority ethnic staff, disabled staff or staff of different age groups.

For voluntary redundancies equality impact assessments will be conducted once all offers have been made to staff. For compulsory redundancies, business areas proposing redundancies will be required to have conducted an equality impact assessment to submit with their business case. These full business cases and EIA's will be reviewed by ARC. These will be prepared with regard to the provisions of the Race Relations (Amendment) Act 2000, the Disability Equality Duty and the Gender Equality Duty.

3.3 In addition to the consultation with unions as the recognised trade union, the institution will engage in individual consultation with those staff affected. This will include discussion about how the institution can mitigate the potential redundancy by such means as transferable skills and redeployment options, including the potential for retraining.  Staff will have the right to be accompanied by a trade union representative in all individual consultation meetings of this description.

3.4 The minimum period for consultation is prescribed by S188 of the 'Trade Unions and Labour Relations (Consolidation) Act 1992' but the employer will notify the unions at as early a time as possible to allow meaningful consultation on the avoidance of compulsory redundancies. Consultation must take place before any final decisions have been made for it to be meaningful.