WANDSWORTH BOROUGH COUNCIL
REDUNDANCY AND REDEPLOYMENT AGREEMENT
1.
2.
Introduction
1.1.
This Agreement, which has been the subject of negotiation between the Council and
its Staff Side, covers the arrangements for employees who are potentially redundant
from the Council’s employment.
1.2.
This Agreement applies to all employees (non school based), including those
employed on a fixed term contract or employed in a temporary capacity. Similar
arrangements apply to school based employees and these are set out in the document
Managing Adjustments in Staffing Levels which is contained in the Schools’
Personnel Services Handbook.
Council's Policy for Avoiding Compulsory Redundancies
2.1.
3.
The Council will use every endeavour to seek to avoid compulsory redundancies,
utilising provisions contained in this Agreement.
Objects and General Principles
3.1.
To meet the corporate and service requirements of the Council, service changes
involving potential reduction of staffing levels or reassessment of staffing needs will
occur from time to time. This, for example, may affect individual employees where
a particular work requirement has come to an end, or groups of employees where a
large reorganisation is undertaken.
3.2.
Accordingly, this agreement has been drafted to reflect the range of circumstances
under which redundancy may be proposed or occur. There will be some
arrangements which it will be appropriate to apply to all employees who are
potentially redundant, but other arrangements which are more beneficial than the
relevant statutory minimum and which will apply only to longer serving employees.
3.3.
For those employees with less than 1 year's continuous service with Wandsworth
Council redeployment will be sought for one month before the date of the proposed
termination of employment on the grounds of redundancy. Should redeployment to a
suitable alternative post be obtained the Council’s pay protection policy will not
apply.
3.4.
For those employees with 1 year or more continuous service with Wandsworth
Council redeployment will be sought for three months before the date of the
proposed termination of employment on the grounds of redundancy. Should
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redeployment to a suitable alternative post be obtained the Council’s pay protection
policy will apply.
4.
3.5.
Employees and their representatives will be consulted or negotiated with, whichever
is applicable, where reorganisation, service developments, competitive tendering
exercises, and so on may lead to employees being redundant. In the event of a major
disagreement arising, the matter may be referred to the joint machinery at the request
of management or the Staff Side.
3.6.
Fair and consistent treatment of employees will be ensured by the application of this
Agreement. However, variations may be agreed from time to time between the Joint
Secretaries in particular circumstances as warranted.
3.7.
Proposed redundancies will be monitored in accordance with the Council’s Equal
Opportunities Policy.
3.8.
It is intended that any potentially adverse effects on individual or groups of
employees will be reduced to a minimum through the operation of these provisions
and that employment with the Council is maintained where possible.
Consultation and Negotiations on Staffing Proposals
4.1.
The Council will consult with affected employees and the Staff Side at the earliest
opportunity concerning details of proposals which have staffing implications
involving potential redundancy, including reorganisations and competitive tendering
exercises. Disclosure of exercises with major staffing implications will take place at
the earliest opportunity to allow the Staff Side to consider and comment on such
proposals. Alternative proposals submitted by Staff Side which may meet the
objectives of the Council will be given full consideration.
4.2.
Relevant staffing information and statistics will be provided to the Staff Side to assist
the consultative process.
4.3.
On such major changes, consultation will generally commence with outline
proposals. As much time as possible will be given to Staff Side to allow full
discussion by all parties. In any event, statutory provisions and the minimum
consultation period of 10 working days before the decision is to be made will apply,
and further detailed consultation will take place on the implementation of staffing
decisions involving potential redundancy.
4.4.
Affected employees and Staff Side will be consulted on the method of selection for
redundancy, where appropriate.
4.5.
Affected employees and Staff Side will be consulted on the job security measures to
be applied. Examples are listed at Appendix A which is attached to this agreement.
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5.
Proposed Compulsory Redundancy
5.1.
Subject to the terms of paragraphs 5.6 and 5.7, the Council will normally serve
redundancy notices on staff occupying posts declared to be redundant when such
posts are identified as such, or such later time as may be determined by the
employing Director. The Council will, however, continue to use its best endeavours
to remove the need for compulsory redundancy by the application of the measures
described in this Agreement until such time as the employee leaves the Council when
the redundancy notice period expires.
5.2.
In circumstances where it is proposed to dismiss 19 or less employees, the following
paragraphs (5.3 to 5.4) shall be applied. The Council will issue a notification of the
reason for the proposed redundancy to each employee concerned.
5.3.
The chief officer responsible for the service will invite the employee to a meeting to
discuss the proposal, giving 5 working days notice, and affording the employee a
right to representation. For the purposes of this Agreement, a chief officer shall be a
Deputy or Assistant Director, or a chief officer at Divisional or Service Head level.
Should the proposal be confirmed after this meeting, a redundancy notice will be
issued to the employee, allowing the employee a period of five working days to
appeal against the decision. The period for exploring redeployment opportunities
referred to in paragraphs 5.6 and 5.7 will end on the date of the redundancy. The
procedure for the meeting to discuss the proposed redundancy is at Appendix B.
5.4.
Any appeals should be addressed to the Director, must state the grounds of appeal
and must relate to the decision to select the employee as redundant. The procedure
for the hearing of appeals is at Appendix C.
5.5.
The Council's policy on periods of notice for compulsory redundancy is as follows:-
5.6.
For employees with 1 year's continuous service with Wandsworth Council or more at
the date of the proposed redundancy, a period not exceeding 3 months ending on that
date will normally be allowed for efforts to be made to seek redeployment
opportunities. The period of contractual notice will run concurrently with this 3
month period. If these efforts do not prove successful, then the person will leave the
Council's service in accordance with the terms of the previously served redundancy
notice.
5.7.
For employees with less than 1 year's continuous service with Wandsworth Council
at the date of the proposed redundancy, a period not exceeding 1 month ending on
that date will normally be allowed for efforts to be made to seek redeployment
opportunities. The period of contractual notice will run concurrently with this 1
month period. If these efforts do not prove successful, then the person will leave the
Council's service in accordance with the terms of the previously served redundancy
notice.
5.7A
Staff Side notes the Council’s policy as stated in this section.
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6.
5.8.
If during the period of notice of termination on the grounds of redundancy,
opportunities for redeployment on a temporary or a permanent basis emerge for
individual members of staff then the notice may be extended or withdrawn by the
employing Director.
5.9.
In the event that the job security measures outlined in this document do not avoid
redundancy, payments made will be under the Council's arrangements for early
retirement or severance, if applicable.
5.10.
All cases of redundancy will be continuously monitored by the Joint Secretaries. In
those situations where redeployment is clearly not possible, or where efforts have
been made and a permanent placement has not proved possible, the employee will
leave the Council’s service.
Counselling
6.1.
7.
For those employees for whom redeployment is being sought, counselling will take
place as soon as possible after individuals have been notified of identification of
likely job areas within the Council's service, skills development, using relevant inhouse training courses, presentation of application forms and interview skills.
Additionally, advice will be given on severance/early retirement and pay protection,
if applicable. In appropriate situations, assistance can be given to help with changes
in career direction for staff.
Redeployment
7.1.
Employees who are displaced through reorganisation will be identified at the earliest
possible stage in order to maximise redeployment opportunities. In such cases the
following provisions will apply:-
7.2.
A redeployment assessment form will be issued to the relevant staff. Staff will have
one week to complete and return this form.
7.3.
In order to deal with the cases of redundancy where redeployment has not proved
possible within the employee's original department, or where the prospect of such
redeployment is limited, the Head of Corporate Services will maintain a register of
potential redeployees for placement Council-wide and will be empowered to restrict
applications to such employees, as appropriate.
7.4.
Potentially redundant employees will receive a personal copy of the Job Vacancy
List.
7.5.
Every effort will be made to match to a post which is compatible with the skills,
experience, qualifications and the preferences expressed by potentially redundant
members of staff. This process will take place wherever possible in advance of open
advertisement.
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8.
9.
7.6.
Redeployees who fulfil essential criteria for vacant posts will be given priority
interviews for such posts and informed of any reason for non-appointment.
However, priority interviews will not apply in cases of potential promotion to higher
graded posts.
7.7.
Reasonable paid time off to seek alternative employment will be granted to
employees facing potential redundancy.
7.8.
Where a redeployment placement involves a substantial change in one or more of the
major terms of employment, e.g. differences in pay, hours, skills, status, promotion
prospects, the views of the members of staff on suitability will be fully considered.
7.9.
The Council will arrange for specialist officers from areas such as personnel and
pensions to visit any establishment which is closing or where there are significant
numbers of staff being notified of redundancy.
Trial Periods
8.1.
The use of trial periods is of importance in reaching a decision on suitability of
alternative employment.
8.2.
On redeployment, employees will normally be given an 8 week trial period to
determine the suitability of the alternative job. This may be extended by agreement
between the employee and line manager to a maximum of 6 months without loss of
potential consideration for payment of early retirement or severance benefits. Offers
of trial periods will be made in writing before their commencement and state their
terms and conditions and the starting and ending dates.
8.3.
Employees who have been redeployed and for whom a trial period has proved
unsuccessful, will be allowed where possible to move to one other position with a
further trial period. Prior to the end of a trial period, counselling shall take place to
discuss the success or otherwise of the placement.
8.4.
In the case of difficulties arising, the Chief Executive and Director of Administration
shall be authorised to effect placements directly if necessary, by the appointment of
employees to posts within the Council's service, subject to a trial period. In the event
of any dispute concerning a transfer the Staff Grievance Procedure may be used.
Pay Protection
9.1.
Protection of earnings will apply to employees who are potentially redundant and
have 1 year or more Local Government Service (as defined above in paragraph 3.4),
in accordance with the Council's policy where there is a difference in the contractual
pay level.
9.2.
The Council's current policy on pay protection is as follows:-
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10.
9.3.
Where a transfer is effected into a lower graded post or one with lower contractual
pay, provided that the salary difference is not more than 20% of the protected salary,
the Council undertakes to peg the gross contractual pay prior to transfer until such
time as the pay level appropriate to the new scale has reached the level of the pegged
pay. In such cases incremental progression and annual pay awards shall not be
applied to the pegged salary. In cases of reduction in hours of work, protection will
only apply to the reduced hours but efforts will be made to match the number of
hours worked to those previously applicable. Staff in a supernumerary capacity
awaiting redeployment will also have their gross contractual pay preserved by
pegging. Special cases of financial hardship may be referred to the Head of
Corporate Services for authorisation where appropriate in consultation with the
Chairman of the General Purposes Committee under the provisions of Standing
Order No 83. For differences in earnings of more than 20%, special protection
provisions apply.
9.3A
Staff Side notes the Council’s policy on pay protection.
Early Release
10.1.
Employees formally notified by management of impending redundancy may be
released early under severance/early retirement arrangements by mutual agreement
with the Director concerned and with the Staff Side Secretary.
11. Review and Termination
11.1.
The operation of these provisions will be subject to review by the Joint Secretaries,
who will also attempt to provide joint interpretation in any case of disagreement as to
their meaning. Local management and staff representatives will seek to identify and
resolve cases of special difficulty, keeping the Central Personnel Service advised of
the detail.
11.2.
In the event of these provisions being subject to significant review or withdrawal, the
Council will give two months' notice of termination in order to allow full
consultation or negotiation to take place. Similarly the Staff Side may also give two
months' notice of termination of the Agreement.
____________________________
P.R. WARD
Employer's Side Secretary
P. BRADLEY
Staff Side Secretary
Revised : October 2004
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Appendix A
Job Security Measures
Recruitment
1.
The Council will consider every means including freezes and/or restrictions on
recruitment, in consultation with Staff Side, to maintain employment of existing staff
and to maximise the opportunities for assisting with redeployment. Where this is
considered necessary, the normal procedures for advertising of vacancies will be
discontinued or varied in consultation with the Staff Side to assist with the redeployment
of staff.
Ring Fence arrangements
2.
Where required by redundancy considerations, advertisements will be staged and
restricted by "ring fence" for certain posts as follows:Stage 1 : Departmental for staff directly affected by the proposal causing potential
redundancy. Restricted to section, division or whole department, as appropriate.
Stage 2: Council-wide for redeployees across the Council.
Stage 3: General advertisements internally and/or externally.
3.
The groups of staff eligible to apply will be specified for each advertisement on a
vacancy bulletin or the Council-wide Job Vacancy List.
Additional Staffing Requirements
4.
It is recognised that there may be seasonal or other temporary requirements to increase
staffing and that the use of overtime and/or temporary staff may be necessary after
consultation with Staff Side. In such instances, however, management will be
encouraged to agree temporary transfers with potentially redundant staff to assist with
their redeployment opportunities. In addition, short term placements can be arranged to
assist broadening of existing skills.
Training/Retraining
5.
The redeployment of staff to similar or suitable alternative employment within the
structure of the Council will operate in conjunction with retraining requirements relevant
to future skills requirements which may assist the placement of staff. In addition, should
an available training course improve future employment prospects, this shall be made
available by agreement between the employee and the responsible department
concerned.
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Relocation
6.
In order to maintain continuity of employment, relocation may be necessary to any part
of the Borough, in which case additional travelling expenses will be paid where
applicable in accordance with local and national agreements.
Flexible Working Arrangements
7.
In order to minimise the effects of redundancy, job sharing and other flexible working
arrangements will be explored where reasonable and practicable.
Voluntary Redundancy
8.
When staffing levels are to be reduced, where reasonable and practicable volunteers will
be sought from the staff affected and other staff groups as relevant to avoid the need for
compulsory redundancy.
9.
Where the voluntary early retirement or severance of such staff will avoid or reduce
compulsory redundancy, selected persons may be allowed to leave on severance terms or
to retire in accordance with the Council's early retirement arrangements. Consultation
with Staff Side will take place on the criteria for selection of staff. For staff members
with life threatening illness, consideration will be given to maximising benefits as
appropriate in the circumstances.
10.
If staff from an area not directly affected volunteer for redundancy thereby creating
acceptable redeployment opportunities for directly affected staff by transferred
redundancies, they will be considered fully by management.
11.
Generally volunteers will be required to give a firm indication of their intentions in
accordance with a timetable. However, in certain instances, volunteers may be
considered beyond timetabled dates if this will assist with the implementation and help
to prevent compulsory redundancy.
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Appendix B
PROPOSAL TO DISMISS ON THE GROUNDS OF REDUNDANCY
Procedure for Discussion of the Proposal
1.
The employee shall be informed in writing of the date, time and place of the meeting,
giving five clear working days' notice. The employee will receive a statement of the
reasons for the proposed redundancy and any supporting information. The employee
shall also be advised of his or her entitlement to representation. The notice shall be sent
by recorded delivery post, or delivered by hand to the residence or workplace of the
employee. A copy of the notice will be sent in all cases to the Head of Corporate
Services and the Staff Side Secretary.
2.
Personnel staff shall be present wherever possible at hearings to advise and a careful
record of the proceedings should be kept. Witnesses may be called by any of the parties
if necessary for the purposes of clarification.
3.
The circumstances of the proposal shall be reported orally by the manager in the
presence of the employee and any representative.
4.
The employee or the representative shall be given the opportunity to ask questions of the
manager.
5.
The chief officer shall ask such questions as are necessary to clarify the reasons for, or
circumstances leading to, the proposal.
6.
The employee or the representative shall be given the opportunity to respond to the
proposal.
7.
The manager shall be given the opportunity to ask questions of the employee and any
representative and of any witnesses.
8.
The chief officer shall ask such questions as are necessary to establish the details of the
employee’s response.
9.
The chief officer shall then adjourn to determine the matter in private with advisory
officers present and decide on the action to be taken. This may be to give notice of
dismissal from the Council's service on the grounds of redundancy or such other action
as the chief officer thinks fit.
10.
The employee and any representative together with the manager shall then be informed
of the decision. The chief officer's decision shall be confirmed in writing by letter sent
by recorded delivery post, or by hand, to the residence or workplace of the employee.
The letter shall state the grounds on which the decision is based and inform the
employee of appeal rights in the event of the decision being that the employee be
dismissed.
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11.
A hearing may be adjourned at any stage by the chief officer to allow further evidence to
be produced, of for any other purposes required by the particular circumstances.
___________________________
P R Ward
Head of Corporate Services
October 2004
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Appendix C
APPEAL AGAINST A DECISION TO DISMISS ON THE GROUNDS OF REDUNDANCY
Hearing Procedure
1.
Appeals under this procedure which must be lodged within 5 working days, shall be
heard within twenty working days from the day of receipt of a written notice of appeal
stating the grounds of appeal. The employee shall be notified in writing of the date, time
and place of hearing and provision for representation, and shall be given five working
days notice. The letter shall be sent by recorded delivery post or delivered by hand to
the residence or workplace of the employee.
2.
The appeal shall be heard by the employing Director or his nominee, and the Head of
Corporate Services or his nominee will be present to give such advice as may be
necessary as to procedure and the requirements of employment law, with such further
enquiry or witnesses present as may be necessary to establish the facts of the case or the
grounds of appeal.
3.
The officer concerned (the chief officer in the original hearing) shall report the
circumstances of the case by written statement in the presence of the employee and any
representative.
4.
The employee or any representative shall then be given the opportunity to question the
officer concerned.
5.
The Director or nominee hearing the appeal shall then have the opportunity to question
the officer concerned and any witnesses.
6.
The employee or the representative shall then put his/her case in the presence of the
officer concerned.
7.
The officer concerned shall then have the opportunity to question the employee.
8.
The Director or nominee hearing the appeal shall then have the opportunity to question
the employee.
9.
The officer concerned shall then sum up followed by the employee or representative.
10.
The Director or nominee hearing the appeal shall then consider the case in private with
advisory officers present. If it is necessary to recall any party to answer any questions,
all the parties shall be recalled. The Director or nominee shall decide on the case in all
respects on behalf of the Council, as employer.
11.
All the parties shall then be recalled and informed of the decision.
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12.
The appeal decision shall be confirmed in writing by letter sent by recorded delivery
post or by hand to the residence or workplace of the employee. The letter shall state the
grounds on which the decision is based.
13.
A hearing may be adjourned at any stage by the Director or nominee hearing the appeal
to allow further evidence to be produced, of for any other purposes required by the
particular circumstances.
____________________________
P R Ward
Head of Corporate Services
October 2004
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