Voluntary Severance Payments Policy May 2012 Approving authority: Consultation via: Approval date: Effective date: Review period: Responsible Executive: Responsible Office: University Executive Secretary’s Board, CJNCC 31 May 2012 31 May 2012 Director of HRD Human Resources HERIOT-WATT UNIVERSITY POLICY TITLE CONTENT Section Page 1 Introduction 3 2 Purpose 3 3 Scope 3 4 Implementation 3 5 Related Policies, procedures and further reference 4 7 Further help and advice 5 8 Policy Version and History 5 Heriot-Watt University’s Voluntary Severance Payments Policy 1. INTRODUCTION Voluntary Severance is one of the available processes by which the University may require to effectively manage its staffing requirements in the light of a Review as well as in other circumstances. The University’s stated aim is to work in partnership with its recognised Trade Unions to manage this process as far as possible by voluntary means. To that end it is recognised that a fair and reasonable severance package needs to be available to eligible employees. The University has established a voluntary severance package which it believes ensures the balance between the long-term economic stability of the University and the interests of employees. The University has an existing policy on Early Retirement applicable to all staff. That policy continues to operate in parallel to this policy. As a part of a review of the efficiency of a School/Institute or Professional Service volunteers for severance may be sought under the voluntary severance scheme. Severance packages will only be available where it can be clearly demonstrated that a potential redundancy exists or that voluntary severance will result in the avoidance of the redundancy of another member of staff. All agreements must be in the interests of the University. The University retains the right at all times to turn down any application for voluntary severance where there is a need to retain specific skills or experience or where the business case for the departure is insufficient. Where a voluntary severance package is agreed with an employee, there will not normally be any subsequent re- engagement or re-employment of that employee by the University unless for a specific short-term project for which no other resource can be found. 2. PURPOSE 3. To set out clearly the severance payments made where individuals volunteer for redundancy. SCOPE This Policy applies to all UK-based University employees and is designed to ensure that the University’s approach to change/restructuring is fair and consistent. Employees not based in the UK will normally have a separate policy and process due to differing local Labour laws. This will be explicit in the appropriate contract terms and conditions. This policy does not form part of employees’ contracts and may be amended from time to time. 4. IMPLEMENTATION SEVERANCE PAYMENT The severance payment scheme will mirror the statutory redundancy scheme as follows: Version 1: May 2012 Author: Helen Hymers URL 3 Heriot-Watt University’s Voluntary Severance Payments Policy For all staff with at least 2 complete years of service at the date of termination: 1 week’s pay for each [complete] year of service between 18th and 22nd birthday 2 weeks’ pay for each [complete] year of service between 22nd and 41st birthday 3 weeks’ pay for each [complete] year of service birthday from 41 onwards All calculations are based on actual weeks’ gross pay and will be capped at the statutory maximum of 20 years’ reckonable service. Actual weeks’ pay is calculated as annual salary/52.1429 and excludes additional payments such as overtime, shift premia, consultancy or honoraria. Where an employee has, in the previous 12 months, reduced his/her hours as a means of avoiding redundancy, his/her severance pay will be calculated on the salary earned on the substantive FTE immediately prior to the reduction in hours taking effect. Lump sum payments will be made having regard to the relevant legislation on taxation which allows the payment of up to £30,000 without any deduction of tax or National Insurance contributions. All members of staff receiving a voluntary severance package would be required to sign a Compromise Agreement. ACCESS TO PENSION For members of staff who are members of the superannuation scheme and are eligible for early payment of pension, if their application for VS is accepted, the University will allow access to pension and fund the appropriate strain payments to the scheme in addition to paying the severance payment to the individual. NOTICE PERIODS The University will require individuals to work the appropriate notice period, unless specific circumstances render this impracticable. Should this be the case, individuals will receive outstanding notice entitlement as a payment in lieu of notice, subject to tax and NI deductions. INTERNATIONAL CAMPUSES This policy does not apply to staff employed at HWU Malaysia campus, the Dubai campus or on TECOM terms and conditions. In addition, different labour laws apply. Any severance payment or process which may be offered at an international campus will be in line with specific terms and conditions at each campus. REVIEW OF POLICY The university reserves the right to review this policy from and to amend the severance payments time to time in line with agreed consultation processes. Such review would not take place during a “live” change/restructure situation. 5. RELATED POLICIES, PROCEDURES AND FURTHER REFERENCE Policies Redeployment Policy Voluntary Severance Policy Redundancy Seletion Policy Version 1: May 2012 Author: Helen Hymers URL 4 Heriot-Watt University’s Voluntary Severance Payments Policy Procedures Voluntary Severance Procedures Redeployment Procedures Redundancy Selection Procedures 7. FURTHER HELP AND ADVICE http://www.hw.ac.uk/hr/su_list_hr_staff.php 8. POLICY VERSION AND HISTORY Version No V. 1 Version 1: May 2012 Author: Helen Hymers URL Date of Approval 31st May 2012 Approving Authority University Executive Brief Description of Amendment VS policy & procedures updated and replace 2001, 2008, 2011 VS Policy & Procedures 5