Redeployment Frequently Asked Questions Where can I find

advertisement
Redeployment Frequently Asked Questions
Where can I find information on this process?
The University values and recognises the contribution made by its staff and is committed, where reasonable, to
maintain security of employment. The University makes all reasonable efforts to support employees at risk of
redundancy to continue their employment with the University. Information on the procedures and process for
redeployment is available at:
http://www.cardiff.ac.uk/humrs/staffinfo/Redeployment/redeploy.html
Information for recruiters and the redeployment process can be found here:
http://www.cardiff.ac.uk/humrs/erecdocuments/recruiters/a-guide-to-redeployment-for-recruiters-usingErecruitment-210312.pdf
Information for redeployment candidates can be found here:
http://www.cardiff.ac.uk/humrs/erecdocuments/applicants/a-guide-to-redeployment-for-applicants-usingERecruitment-230312.pdf
When is an individual eligible for redeployment?
An employee with 12 months service or more will become eligible for redeployment from the point at which their
post is identified at risk of redundancy and will remain eligible until either the employee is redeployed, dismissed
on the grounds of redundancy, or the threat of redundancy is lifted.
Employees are advised and given access to the redeployment portal when they become eligible for
redeployment. This notification is made either via an email from the HR Service Centre issued to eligible staff 6
months prior to the end of their fixed term contract end date or contract review date in the case of open ended
contracts or via the Line Manager as part of their Fixed Term Contract Review/Open Ended Contract Review
meeting should this happen earlier.
Other staff may also be eligible for redeployment,


Staff with a disability as defined under the Equality Act 2010 and whose condition requires a reasonable
adjustment that cannot be made to their present post and
Staff to whom the University has a legal obligation to consider suitable alternative employment, such as
in the case of a grievance or harassment (on an exceptional basis only at the discretion of the Head of
Human Resources Operations, according to the prevailing circumstances at the time.
Women who are on maternity leave who are at risk of redundancy have specific protections please speak to your
HR team for advice as required.
How does a recruiter know if an applicant is eligible for redeployment?
The University is committed to protecting the security of employment of its staff as far as possible and has a
responsibility to offer suitable alternative employment opportunities to those at risk of redundancy or to whom
they have a legal obligation.
1
Staff are advised and given access to the redeployment portal when they become eligible for redeployment. This
notification is made either via an email from the HR Service Centre issued to eligible staff at least 6 months1 prior
to the end of their fixed term contract end date or contract review date in the case of open ended contracts or via
the Line Manager as part of their Fixed Term Contract Review/Open Ended Contract Review meeting should
this happen earlier. Line Managers should confirm with their local HR Teams redeployment eligibility prior to any
discussions being held
If recruiters have a concern regarding the eligibility of a redeployment applicant during the recruitment process,
they should raise this with the HR Service Centre.
When is an individual who is at risk of redundancy not eligible for redeployment?
An individual will not be eligible for redeployment if they have less than 12 months service on the day they are
scheduled to end (or if their contract is for the cover of maternity/sickness/career break/career development
opportunity) Staff on these contracts are ineligible for redundancy or redeployment.
Are staff who are subject to immigration control and working on a Certificate of Sponsorship eligible for
redeployment?
It is an offence for an employer to employ an individual who does not have the right to work in the UK. So care
must be taken that immigration rules and regulations are adhered to. Under current rules the University issues a
Certificate of Sponsorship in line with UK Visas and Immigration (UKVI) regulations for the purpose of allowing
an individual to come to, or remain in the UK, to carry out a specified job. Once the post ends, the Certificate of
Sponsorship is no longer valid.
Normally before issuing a Certificate of Sponsorship the University must be able to demonstrate that it has tried
and failed to find a resident worker capable of carrying out the duties associated with a given post. Certain posts
are exempt from this requirement, including University Teaching Staff (lecturers to professors) and University
Researchers, where the most suitable candidate can be appointed.
So if for example, a redeployment candidate is in a University Research post and they apply for another
University Research post at the same grade or below, the researcher will not need to submit a ‘Change of
Employment’ application to the UKVI as they will be carrying on with the same occupation. Even though the
duties may slightly change in line with the requirements of the new research project, ultimately because the job
will be the same, with the same sponsor, then an ‘Application to Extend’ their existing leave may be submitted. A
new resident labour market test would not be needed if a resident labour market test has already been carried
out for the role.
If the researcher’s salary decreases from that stated on the current Certificate of Sponsorship the current policy
allows the salary to be reduced without a new application to be made where the new salary still satisfies the
appropriate salary requirements, (i.e. at the appropriate rate for either a ‘New entrant’ or ‘Experienced’ worker;
and above the minimum salary requirement for all Certificates of Sponsorship.)
Where the University Researcher is applying for a Lecturing post, this would potentially involve a move to a
different occupation and a new resident labour market test would be required, (two advertisements for 28
calendar days).
Staff on a Certificate of Sponsorship should contact their HR Team for advice on their individual circumstances.
1
Where the contract duration allows for 6 months
2
What posts are redeployees eligible for?
Eligible staff may apply as a redeployee for vacancies at the same or lower graded posts, details on pay
protection can be found within the redeployment procedures. Redeployees may also apply for vacant posts at a
higher grade, however as these posts would be a promotion they will not be given any priority consideration and
so they must apply instead using the normal recruitment process where they compete equally with all other
internal and external candidates
Redeployees may also choose to complete a Skills Profile that recruiters are able to search through and identify
potential applicants. Redeployees must apply for any specific vacancy in which they are interested in order that
they are considered for the post.
What does a recruiter need to do when considering redeployment candidates?
If you are a recruiter and have a redeployment application for your position, you are responsible for:

responding positively to requests to consider redeployees for vacancies;

considering applications from redeployees against the essential criteria for the position (taking advice from
Human Resources) and considering whether reasonable training would help them meet the Essential
Criteria;

where applicants evidence they meet the essential criteria, interviewing redeployees at the earliest
opportunity and before consideration of other candidates;

Redeployment candidates are not guaranteed to be recommended for appointment to arising posts. They will
need to demonstrate in interview that they have the necessary skills, knowledge or experience for the post,
but will not be required to compete in open competition.;

providing feedback to redeployees who do not meet the essential criteria for the role or who are unsuccessful
at interview (redeployee have a right to appeal the decision);

determining suitability during a trial period.
If a redeployment candidate misses the redeployment window to apply and applies when the advert is
open to external applicants – are they still classed as a redeployment candidate?
Yes, whilst an employee is defined as a redeployee (remains at risk of redundancy); they will be considered as
such for any vacancy (at the same or lower grade) that arises within the University. The redeployee should bring
their change in eligibility to the attention of the recruiting manager. It will not be possible to apply for a vacancy
once the closing date has passed.
Can we still advertise externally whilst we interview redeployment candidates so that we do not hold up
the recruitment process?
The normal expectation would be that recruiters would complete the redeployment candidate process in the first
instance where possible before any external advertising is undertaken. Clinical posts are exempt from
redeployment advertising requirement and advertised simultaneously where in exceptional circumstances where
a recruiter has a specific project requirement which prevents this, the case should be discussed with HR Service
CentreTeam leader .
3
Can we interview redeployment and non-redeployment candidates at the same time?
Recruiters are advised to interview and consider redeployment candidates seperately and prior to interviewing
other candidates wherever possible. Where this can not be accomodated, this process can be undertaken at the
same time. The recruiter must consider if the redeployee is appointable, i.e. whether they meet the essential
criteria for the role and demonstrate this at interview, or could do so with reasonable training and not whether
they are the ‘best candidate’ on the day.
Do redeployment candidates have to meet all essential criteria to be guaranteed an interview?
Yes, a redeployment candidate must have met all of the essential criteria to be guaranteed an interview. They
will also need to demonstrate in interview that they have the necessary skills, knowledge or experience for the
post. Recruiters must ensure that they shortlist candidates consistently and are strongly advised to use the
advertised Essential Criteria to evidence their shortlisting decisions.
If there is more than one redeployment candidate then the selection decision must be based on the best
match to the criteria of the role.
Do I have to do anything different when appointing a redeployment candidate?
The recruiter will need to complete the Appointment form with salary within the grade of the new post, and
indicate should the redeployee be entitled to Pay Protection if eligible.
If the candidate is appointable, they will be entitled to a statutory four week trial period,( this may be extended up
to 12 weeks with agreement in advance) in the new post. The Redployment candidate may still needs to give
notice on existing post if this is applicable if they decide to leave the post during the trial period; their right to a
loss of office payment is protected and is paid by their previous School / Department. Further information on the
four week trial is available here: The Recruiter will need to ensure any reasonable training requirements are
provided.
http://www.cf.ac.uk/humrs/resources/Guidance%20on%20Redeployment%20and%20the%20Four%20Week%20
Trial.doc
If a redeployment candidate has been offered another role (signed or not signed contract), can they still
apply as redeployment candidate for another role? (I.e. If the role offered is a fixed term contract and a
longer fixed term contract or open ended contract position is available elsewhere)
Once an individual is no longer at risk of redundancy either through a verbal or written they will no longer be able
to be considered as a redeployees for any other vacancies.
A staff member has had their contract extended for a further period of 3 or 6 months, are they still
subject to redeployment?
Yes if still within 6 months of the end date.
What happens when a member of staff has accepted a redeployment role and then their existing role is
extended?
4
In normal circumstances where an offer has been made and accepted, this will be honoured even if the at risk
post situation changes. Such cases will need to be discussed with the HR Team and need to be considered on a
case by case basis.
What if contract of employment expires whilst recruitment process is still ongoing?
The individuals’ status as a redeployment candidate will continue, and they are still eligible to be treated as a
redeployment candidate.
5
Download