Draft Interim Redundancy Procedure - subject to agreement
INTERIM REDUNDANCY PROCEDURE
1.0
Introduction
1.1
This document outlines the interim redundancy procedure which is subject to
further consultation and agreement with the following unions. Once finalised,
it will supersede the individual agreements currently in the separate Terms
and Conditions Booklets.
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1.2
UNISON
Ucatt
Unite (Amicus Section)
Unite (TGWU Section)
The following unions are currently recognised by the University for the
purposes of collective consultation for the listed staff groups:
Staff groups
1a-5
6-9
Academic
Union
UNISON, Ucatt and Unite
UCU, UNISON, Ucatt and Unite
UCU
1.3
The redundancy process for Academic staff is contained in University of
Warwick Statutes and Ordinances.
1.4
The University will comply with the relevant statutory obligations on
redundancies and dismissals as set out in the Employment Rights Act 1996,
and the Trade Union and Labour Relations (Consolidation) Act 1992.
1.5
Queries should be directed to the relevant HR Adviser in all cases.
2.0
Principles
2.1
It is the intention of the University to provide regular employment for all its
employees for the duration of their contract(s) with the University. However,
there may be occasions when reductions in staffing are considered
necessary. This is likely to be when the demand or necessity for work of a
certain kind or in a particular area diminishes or ceases. On these occasions,
every effort will be made to avoid compulsory redundancies but where such
dismissals become inevitable, the University undertakes to handle the
redundancies in a fair, consistent and sympathetic manner.
2.2
The following paragraphs set out the steps which are to be taken as soon as
a situation arises which leads the University to consider making staff
redundancies. It is recognised that, in most cases, the end of a fixed term
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contract will be termed a dismissal on the grounds of redundancy but such
cases will be managed in accordance with the Fixed Term Guidelines.
3.0
Collective consultation
3.1
Heads of Department will discuss their staffing plans with HR. Where these
may result in a redundancy situation, the Director of Human Resources or
his/her representative will inform the appropriate recognised trade union in
writing that a possible redundancy situation has arisen and set out the
following:
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the department or departments affected
the number and type of staff affected
the reason why a reduction in staffing may be needed
the proposed methods of selection of staff for redundancy
the proposed timescale
and the method of calculating redundancy payments.
3.2
A copy of the letter will be sent to each member of staff who may be selected
for redundancy.
3.3
For the purposes of collective consultation each department1 will be treated
as a separate establishment although the University will normally consult
collectively and individually for a minimum of 30 days (or for longer as
determined by government statute) before issuing any redundancy notices.
3.4
In addition, for Academic staff, the Chair of Council may appoint a
Redundancy Committee which will ensure University Statutes are followed.
3.5
The Director of Human Resources or his/her representative and the Head of
Department (or his/her representative) will arrange a meeting with the Trade
Unions concerned to consider the situation. At the meeting, consideration will
be given to the need to reduce staffing and, ways of avoiding or reducing
redundancies: in this regard, Human Resources will, if requested, contact
Departments to obtain priority for redundant staff in gaining interviews for
vacant posts in line with the Redeployment Guidelines2. In addition there will
be an opportunity to discuss the proposed criteria and methods of selection
for redundancy, the timescale, and the method to be used for the calculation
of payments. Selection criteria may vary depending on the circumstances of
each redundancy exercise but will be consistently applied to all staff within the
affected department. Consideration will also be given to the way in which any
redundancies which eventually may prove to be unavoidable are to be
notified. The intention of the meeting will be to reach an agreement if
possible and each side will consider fully any proposals put forward by the
other.
A “department” in these terms will be at the appropriate organisational level below University
level. For example, potential redundancies within Security will be managed at the level of the
Deputy Registrar’s Office and potential redundancies within the Institute of Clinical Education
will be managed at the level of the Medical School.
2 Please note these Guidelines are still being developed.
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3.6
Following a meeting under 3.5 above, HR will write to the appropriate trade
union to record the outcome, and to respond to any suggestions or proposals
made. Additional meetings will be arranged as appropriate during the
consultative period.
4.0
Individual consultation
4.1
The Head of the relevant Department (or appropriate representative) will meet
each member of staff at risk of redundancy to inform them of the proposal,
and to consider any initial response. A second meeting between staff at risk
of redundancy and the Head of Department will be arranged to allow further
consultation.
4.2
The individual consultation period will normally be for a minimum of 30 days
(or such longer period as determined by government statute).
5.0
Notice of redundancy and appeal
5.1
Formal notice of redundancies may be given by the University once the
consultative procedures outlined above (and in the case of Academic Staff,
procedures outlined in University Statutes) have been completed and there is
no further mitigation of the redundancy possible.
5.2
Members of staff who receive formal notices of redundancy have the right to
appeal against their dismissal. Staff who wish to appeal must lodge their
appeal by writing to the Director of Human Resources as soon as possible
and within two weeks of receipt of redundancy notification, setting out the
grounds of appeal (within 28 days for Academic staff). The appeal will be
considered by the Registrar or his representative (and a person appointed by
Council if a member of Academic staff is appealing). A successful appeal
may not result in a reduction in the total number of redundancies.
5.3
The University, and the individual member of staff, will continue to seek
redeployment opportunities up to the point of termination.
6.0
Redundancy payments
6.1
The University will comply with statutory requirements on redundancy pay.
Although staff are expected to take any outstanding annual leave during the
notice period, if this is not possible a payment will be made in lieu of any
remaining annual leave on the termination date.
7.0
Notice periods
7.1
Staff will normally expected to work their contractual notice period unless
varied by mutual agreement.
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