FAQs May 2014 Please check the Enabling Document, FAQs and the Employee Guide before contacting your manager or HR as your question may be answered there. Consultation ............................................................................................................. 3 1. Is consultation just a formality and have decisions already been made? ...... 3 2. How long will the consultation period last for and is this inclusive of weekends or just working days? ............................................................................. 4 Employee Support.................................................................................................... 4 3. I am not affected by the proposals but am concerned about increased stress levels and impact on morale of the current restructuring proposals on my role/my team. 4 Job Descriptions ...................................................................................................... 4 4. Where people are in an at risk pool and have been invited to ring-fenced selection for a particular post can they have the job description for that post? ....... 4 Slotting In .................................................................................................................. 4 5. Will slotted staff be entitled to turn down their role in favour of a ‘free post’? 4 6. Can we clarify how a formal offer of employment might be made for slotted staff? 4 Ring Fenced Selection Process .............................................................................. 4 7. What is the ring-fenced selection process and who does it apply to? ........... 4 8. Who will be invited to take part in ring-fenced selection for available jobs? For example, will members of one pool be competing against other members of that pool only or will members of a separate pool be eligible to apply (if the grades are the same or up to two below?).......................................................................... 5 9. How will at risk employees apply for the ring-fenced role/s? ......................... 5 10. Can an E grade apply for a D grade ring-fenced role (as it is lower)? ........... 5 11. When is the ring-fenced selection outcome notification? .............................. 5 12. Where there are two posts in a pool, do staff opt for one of the two or can they be considered for both? .................................................................................. 5 13. In the ring-fenced selection process, is the decision just based on performance on the day and will references be sought? ........................................ 5 14. During ring-fenced selection, what kind of scoring system will be used? ...... 5 15. Will interview training be offered? ................................................................. 5 16. If I don’t want to apply for a ring-fenced job, can I opt out of this process and apply for jobs in the Open Recruitment Process? ................................................... 6 17. If any of the posts are not taken up by people from the pool will they become available at the Open Recruitment Process? .......................................................... 6 Open Recruitment Process (ORP) .......................................................................... 6 18. Who is eligible to apply for posts in the ORP? .............................................. 6 19. Can pooled staff apply for ‘free posts’ as well as the posts in their pool, even if they are offered a role within their pool? .............................................................. 6 20. Will eligible employees be free to apply for anything during the ORP? ......... 6 21. When will we know which jobs are available for the ORP and be able to see job descriptions etc. ................................................................................................ 6 22. Is it fair that voluntary redundancy happens before the ORP? ...................... 7 Applying for roles in the new structure.................................................................. 7 23. Will I have to re-apply for my job? ................................................................. 7 24. When will we find out about available roles that we can apply for? ............... 7 25. I don’t want to compete with my colleagues for jobs in the new structure. What are my options? ............................................................................................. 7 26. What will be the process for applying for new jobs in the structure? ............. 8 27. Will panel members know if I apply for more than one post? ........................ 8 28. Can I apply for a job at a higher level? Can I apply for more than one job? .. 8 29. If I am unsuccessful in a ‘ring-fenced’ interview – will I be able to apply for that role again via the ‘Open Recruitment Process’ if it remains unfilled at that point? ...................................................................................................................... 8 Alternative Employment .......................................................................................... 8 30. How will DMU support me to find alternative employment? .......................... 8 31. If I accept a job on part time hours as an alternative to redundancy, would I be entitled to a redundancy payment based on the hours I had given up? For example, I currently work 37 hours per week, if I accept a job at 18.5 hours, will I be entitled to a redundancy payment for the other 18.5 hours? .............................. 8 32. Will DMU still look for suitable alternative employment for employees after they have been served notice? ............................................................................... 9 33. Will job share be considered? ....................................................................... 9 34. Are staff who have returned to work from maternity leave with children under six or other dependants given any additional consideration in this process? .......... 9 35. What happens to continuous service if someone secures alternative employment with DMU? .......................................................................................... 9 36. If I apply for a job at a lower grade – will my pay be protected if I am offered the job? ................................................................................................................... 9 37. Will there be a probationary period? ............................................................. 9 Voluntary Redundancy .......................................................................................... 10 38. I would like to apply for voluntary redundancy but have less than 2 years’ service. Can I still apply? ..................................................................................... 10 39. What if I apply for voluntary redundancy and then change my mind? ......... 10 40. If I apply for voluntary redundancy, will my eligibility for Job Seekers Allowance (JSA) be affected? ............................................................................... 10 41. If I apply for voluntary redundancy when will I find out whether my application is successful? If it is not accepted, will I still have time to apply for jobs in the new structure? ............................................................................................ 10 42. If an application for Voluntary Redundancy is made and accepted, does that preclude me from applying for any of the jobs advertised in the Open Recruitment Process? I.e: If I am approved for VR could I still apply for a role and if I didn’t get that job would I still be able to leave under a Voluntary Redundancy arrangement? 10 43. If I submit an application for voluntary redundancy, will this be confidential? 10 44. Is the expression of interest for VR a requirement for an application for VR? 11 45. If I take VR or am made redundant, when would my last day be? .............. 11 46. When will decisions regarding VR be communicated? ................................ 11 47. If I took Voluntary Redundancy and then wanted to work for the university again in the future, when would I be eligible to make an application? .................. 11 Redundancy Payment Calculations...................................................................... 11 48. Could you clarify what the university will be offering in the event of compulsory redundancy? Will they definitely be using its discretion in an employee’s favour as in section 2.1 of the Redundancy Payments Policy and therefore offering the gross weekly wage in its calculation? ................................. 11 49. Is there a compulsory redundancy ready reckoner so that people can compare this to VR? ............................................................................................. 11 50. Is the allowance I receive for working shifts/unsociable hours included in my redundancy and pension calculations? ................................................................. 11 51. Will the redundancy payment be subject to tax and National Insurance? ... 11 52. When can employees leaving DMU start work with a new employer? ........ 11 53. If my total years’ service is short by only a few days, will this be rounded up for redundancy payment calculation purposes? ................................................... 12 Pensions ................................................................................................................. 12 54. There is some confusion over whether pension payments will be ring-fenced for those accepting a lower grade post. Can this be clarified urgently as this affects whether or not people consider VR....................................................................... 12 Notice and Final Payments .................................................................................... 12 55. Will I be paid for any outstanding annual leave that I have accrued? .......... 12 56. If an employee does not use their leave entitlement, will they be able to receive payment instead? ..................................................................................... 12 57. How much notice are employees entitled to? .............................................. 12 58. If I obtained a job outside of DMU would I still be obliged to give my contractual notice?................................................................................................ 12 Redeployment ........................................................................................................ 13 59. Will I need to complete a Skills Audit? And if so, by when? ....................... 13 60. What happens if I am offered a trial period for a new job with DMU, but this takes me beyond my redundancy termination date? ............................................ 13 61. If people are eventually given notice of redundancy will they be able to apply for any posts in the normal redundancy period? ................................................... 13 62. If I am offered a post at a lower level and decide to decline it, what will my position be? .......................................................................................................... 13 Pay Protection ........................................................................................................ 13 63. If you are already in a period of protected pay, will this continue until its original end date? ................................................................................................. 13 64. At the end of pay protection, are employees placed at the top of the new grade? .................................................................................................................. 13 65. When does pay protection take effect? Start of new role? .......................... 14 Acting up and on secondment .............................................................................. 14 66. What if I am acting up or on secondment in another role, or temporarily covering another role in the absence of the substantive postholder? ................... 14 Temporary / Fixed Term Employees ..................................................................... 14 67. I am on a short term contract; will I be able to apply for any role in the new structure?.............................................................................................................. 14 Re-employment with DMU ..................................................................................... 14 68. If an employee takes redundancy and leaves, can they ever work at DMU again and, if so, how long before they can return? ............................................... 14 Documentation ....................................................................................................... 14 69. Why is the HR advice documentation only in draft format? How will we be informed of any changes if they are made and what other implications are there? 14 Consultation 1. Is consultation just a formality and have decisions already been made? DMU will engage in meaningful consultation with the trade unions and with affected individuals. DMU wishes to keep to a minimum the number of employees that it needs to make redundant and will consider any alternative proposals put forward by the trade unions or by individual employees. The proposals are subject to change via the consultation process and no decisions will be made until meaningful consultation has completed. The Enabling Document sets out the proposed consultation and implementation timescales. 2. How long will the consultation period last for and is this inclusive of weekends or just working days? The period of collective consultation with the trade unions will last for a period of 45 days (not working days) or until consultation is complete, whichever is sooner. Employee Support 3. I am not affected by the proposals but am concerned about increased stress levels and impact on morale of the current restructuring proposals on my role/my team. DMU recognises that this is a very difficult time for all regardless of whether they are personally affected by the proposals. A range of support is available to DMU employees (see the ‘Employee Guide to the Workforce Reductions Process’). You are advised to speak to your manager if you have concerns about the proposals and the impact on your workload. During this difficult time, many employees may be experiencing increased levels of stress and managers are being asked to ensure that their staff are not overburdened and where necessary stress risk assessments are carried out. Job Descriptions 4. Where people are in an at risk pool and have been invited to ring-fenced selection for a particular post can they have the job description for that post? Employees who are in an at risk pool will be able to see the relevant job description before the ringfenced selection process. They may request the job description from their line manager. Slotting In 5. Will slotted staff be entitled to turn down their role in favour of a ‘free post’? If they turn down the role they will normally be deemed to have turned down suitable alternative employment unless they have a good reason for turning down the role. They may in effect be resigning with no entitlement to a redundancy payment. We are not proposing to make them redundant because we have identified suitable alternative employment for them. If they do reject the slot-in post, we will consider their reasons for rejecting the role and whether these reasons are reasonable, i.e. they are able to show that the slot in post is not in fact, suitable alternative employment. As they are not provisionally selected for redundancy, they are not eligible to apply for jobs via the open recruitment process. 6. Can we clarify how a formal offer of employment might be made for slotted staff? They will receive written confirmation of the slot in post, and an updated job description which they will be asked to sign and return. This will not be until after the close of the collective consultation period. Ring Fenced Selection Process 7. What is the ring-fenced selection process and who does it apply to? Where employees are at risk of redundancy they will be invited to take part in ring-fenced selection processes for roles applicable to the pool they are in. Ring-fencing means that only those employees who have been invited are eligible to participate in that process. The purpose of the ring-fenced selection process is to identify those employees from the pool who will then be provisionally selected for redundancy and those who will no longer be ‘at risk’. 8. Who will be invited to take part in ring-fenced selection for available jobs? For example, will members of one pool be competing against other members of that pool only or will members of a separate pool be eligible to apply (if the grades are the same or up to two below?) Employees within a pool will be ring fenced for the role relevant to that pool as detailed in their invite to interview letters. Employees in these pools are ‘at risk of redundancy’ and the purpose of the ring-fenced selection process is to identify those employees from the pool who will then be provisionally selected for redundancy and those who will no longer be ‘at risk’. 9. How will at risk employees apply for the ring-fenced role/s? Employees in an at risk pool will be invited to participate in a ring fenced selection process in due course (see indicative timescales in the Enabling Document). They will not be required to apply for the post. 10. Can an E grade apply for a D grade ring-fenced role (as it is lower)? Again, employees who are at risk will be invited to participate in a ring fenced selection process for the post/s relevant to their pool. They are not being invited to apply for roles at this stage. 11. When is the ring-fenced selection outcome notification? Employees affected by ring-fenced selection processes will be notified of the outcome at the earliest opportunity following the completion of the ring-fenced selection process. However, it should be noted that outcomes are subject to challenge and therefore subject to change. 12. Where there are two posts in a pool, do staff opt for one of the two or can they be considered for both? They will be invited to take part in a ring-fenced selection process for any roles applicable to that pool. The university will consider inviting expressions of preference where it becomes appropriate to do so after the outcome of the ring-fenced selection processes are known. If expressions of preference are invited for staff in this situation, their first choice preference cannot be guaranteed. 13. In the ring-fenced selection process, is the decision just based on performance on the day and will references be sought? Selection will be based on performance in the ring-fenced selection process. It is not anticipated that there will be a need to seek references as part of the ring-fenced selection stage. 14. During ring-fenced selection, what kind of scoring system will be used? Panels will be expected to apply existing best practice principles in relation to scoring interview and other selection methods to select the most appointable candidates from the at risk cohort to available jobs applicable to that pool. ‘Most appointable’ will be objectively assessed based on the individual employee’s performance during the ring-fenced selection process against the predetermined criteria. 15. Will interview training be offered? Employees invited to take part in ring-fenced selection will be invited to attend a training session on interview skills to ensure they are as prepared as possible. Invites will be issued via the Training and Development team in POD. 16. If I don’t want to apply for a ring-fenced job, can I opt out of this process and apply for jobs in the Open Recruitment Process? It is not possible to ‘opt out’ of ring-fenced selection if you are in an at risk pool. The Open Recruitment Process (ORP) is only for employees who are provisionally selected for redundancy (or on the redeployment register at the time of the ORP for whatever reason), and the purpose of ring-fenced selection is to identify which employees from the at risk pool are no longer at risk, and which are provisionally selected for redundancy. The university needs to keep to a minimum the number of employees it is provisionally selecting for redundancy and this objective cannot be met if employees are given the option of changing their status from ‘at risk’ to ‘provisionally selected for redundancy’. This could also lead to claims of unfair treatment from other employees affected by these processes. For at risk employees, the ring-fenced selection stage is an essential part of the process and cannot be avoided where the size of the pool cannot be reduced by other means (e.g. voluntary redundancy). 17. If any of the posts are not taken up by people from the pool will they become available at the Open Recruitment Process? No additional vacancies will be created as part of the ring-fenced selection process to be taken into the Open Recruitment Process (ORP) and posts will be filled by people from the pools via ringfenced selection. For example, if there is a pool of 10 administrators and 5 posts are available – it is expected that 5 posts are filled as part of this process. The most appointable 5 out of the 10 being assessed will be offered the posts, with the 5 unsuccessful employees becoming provisionally selected for redundancy (and able to apply for other jobs via the ORP). This process is about minimising the impact of compulsory redundancy and providing security of employment wherever possible. Open Recruitment Process (ORP) 18. Who is eligible to apply for posts in the ORP? An employee is eligible to apply for posts in the ORP if they are provisionally selected for redundancy or on the university’s redeployment register (for whatever reason) at the time of the ORP. This includes employees who are unsuccessful in securing a post during ring-fenced selection. Please refer to the Enabling Document. 19. Can pooled staff apply for ‘free posts’ as well as the posts in their pool, even if they are offered a role within their pool? If they secure a post via ring-fenced selection they will no longer be at risk and therefore not eligible to apply for posts in the Open Recruitment Process. (See FAQ 18 above). 20. Will eligible employees be free to apply for anything during the ORP? Employees provisionally selected for redundancy will be able to apply for any posts during the Open Recruitment Process, even posts at a higher level. However, applicants will need to be able to demonstrate how they meet the essential criteria for the job they are applying for. 21. When will we know which jobs are available for the ORP and be able to see job descriptions etc. A list of vacancies is on the POD intranet for information purposes only at this stage. Job descriptions and further details about how to apply will be made available later in the process (indicative timescale: late July). 22. Is it fair that voluntary redundancy happens before the ORP? The university has invited applications for voluntary redundancy (VR) from employees who are at risk of or provisionally selected for redundancy as a means of seeking to minimise, wherever possible, the number of employees that might need to be made compulsorily redundant. Applications for VR have been invited before both ring-fenced selection and the Open Recruitment Process to ensure that where employees wish to take VR, these people are removed from at risk/provisionally selected pools before the selection stages take place. The reason for doing this is so that where possible, ring-fenced selection can be avoided where sufficient volunteers come forward within a particular pool meaning the university can ‘slot’ remaining employees into the available posts and confirm them as no longer at risk. This will also maximise the opportunity for successful redeployment of remaining provisionally selected employees during the Open Recruitment Process as there will be fewer employees competing for available jobs. By inviting applications for VR before the selection stages, the university is doing all it can to mitigate the impact of compulsory redundancy. The university has published a list of all the vacancies on the intranet so that employees eligible to apply for VR know in advance of submitting a formal VR application what posts are potentially available in the Open Recruitment Process. This has been done to ensure that employees are able to make an informed decision about whether to apply for VR, or whether to try and secure alternative employment via the Open Recruitment Process. The university has therefore tried to ensure that the process is as fair as possible for all affected employees. Applying for roles in the new structure 23. Will I have to re-apply for my job? If your job is unaffected by the proposals you will not be expected to re-apply for your job. Your role will continue as normal. Alternatively, there may be minor changes made to your role but the proposal is to ‘slot’ you in to the new post without the requirement to apply for that post. If you are at risk of redundancy because there is a reduced requirement for the type of role that you currently undertake, you will be included in a ‘redundancy selection pool’ and will be invited to a ring-fenced selection process to determine who is offered a post and who is provisionally selected for redundancy. The Enabling Document contains more detailed information about how it is proposed to staff the new structure, and where applicable, how employees will be provisionally selected for redundancy. If you are at risk of or provisionally selected for redundancy, you will be invited to a meeting where you will have the opportunity to ask questions on the proposals and the processes involved. If you continue to have concerns or queries about how this might affect you, you should speak to your manager in the first instance. 24. When will we find out about available roles that we can apply for? If you are provisionally selected for redundancy, you will have the opportunity (once all ring-fenced selection processes have completed) to apply for any remaining vacant posts across DMU that are of interest. This is called the Open Recruitment Process. See the section on Open Recruitment Process (ORP)). 25. I don’t want to compete with my colleagues for jobs in the new structure. What are my options? It is recognised that this is a difficult process for all employees affected. In a potential redundancy situation, DMU needs to try and minimise wherever possible the number of redundancies and so it will try, wherever possible, to absorb existing employees within the new structure by holding ringfenced interviews for employees at risk of redundancy. Where at risk employees do not secure a role in the ring-fenced selection process, they will be entitled to apply for jobs in the Open Recruitment Process and will be given all reasonable support to enable them to secure alternative employment either within or outside of DMU. All employees at risk of or provisionally selected for redundancy will be able to apply for voluntary redundancy and this is an option employees may wish to consider if they do not wish to participate in the ring fenced selection process, although there is no guarantee that an application for VR will be accepted. For more information see the Employee Guide to the Workforce Reductions Process and the FAQs below. 26. What will be the process for applying for new jobs in the structure? Details of the application process and the timescales involved will be communicated separately. See the Enabling Document for indicative timescales. 27. Will panel members know if I apply for more than one post? Panel members may be aware if they are involved in more than one panel so this will depend on the type and number of roles applied for. However, applying for one role will not prejudice any decision in terms of an individual’s application for any additional or subsequent roles within DMU. 28. Can I apply for a job at a higher level? Can I apply for more than one job? As part of ring fenced processes employees will be considered for the roles that are applicable to the pool they are in. As part of the Open Recruitment Process employees may apply for as many roles as they wish including roles at a higher level. See FAQs above. 29. If I am unsuccessful in a ‘ring-fenced’ interview – will I be able to apply for that role again via the ‘Open Recruitment Process’ if it remains unfilled at that point? Any role you are considered for as part of the ring-fenced selection process is not expected to be available in the ORP, because it will have been filled by a previously at risk employee from within the applicable pool. See also FAQ 17 above. Alternative Employment 30. How will DMU support me to find alternative employment? Where employees are provisionally selected for redundancy, they will be given reasonable time to apply for jobs or to look for employment / attend interviews, etc. in line with the Managing Change – Restructuring and Redundancy Guidelines and the university’s Redeployment Procedure. Individuals should discuss further with their manager the level of support/time they require so that they can work with you to plan work commitments etc. alongside of this. 31. If I accept a job on part time hours as an alternative to redundancy, would I be entitled to a redundancy payment based on the hours I had given up? For example, I currently work 37 hours per week, if I accept a job at 18.5 hours, will I be entitled to a redundancy payment for the other 18.5 hours? Employees identified as being provisionally selected for redundancy will be considered for suitable alternative employment as a means of seeking to minimise the numbers to be made redundant. Where a post is available but the hours available are significantly less than the employee is contracted to work, then this will be a relevant factor in assessing whether the post is a ‘suitable alternative’. Where an employee chooses to accept a post at significantly reduced hours as an alternative to redundancy, no redundancy payment will be due as the employee has not been made redundant (i.e. no dismissal has taken place). 32. Will DMU still look for suitable alternative employment for employees after they have been served notice? Where necessary, the university will continue to try and find suitable alternative employment for employees during their notice period. 33. Will job share be considered? If you are at risk of redundancy because fewer employees are required to carry out the type of work you are employed to do, you will be invited to an individual consultation meeting. As part of individual consultation, employees are able to put forward suggestions and alternative proposals for management to consider as possible alternatives to compulsory redundancy. DMU wishes to keep to a minimum the number of employees it needs to make redundant and will seriously consider any alternative suggestions or proposals put forward by individually affected employees or their trade union representatives, which may include proposals for job share or other forms of reduced hours working. If an employee wished to put this forward as an alternative proposal the university will give consideration to such alternative proposals via the individual consultation process. If this can be facilitated it will be supported but would be subject to the operational needs of the university and subject to the new working arrangement being mutually agreed by the employees affected and their managers. 34. Are staff who have returned to work from maternity leave with children under six or other dependants given any additional consideration in this process? Employees who have returned from maternity leave will be treated in the same way as other employees covered by these same processes. Employees with caring responsibilities have the right to make a request for flexible working and DMU has a duty to seriously consider any such request. 35. What happens to continuous service if someone secures alternative employment with DMU? Employees will continue in employment with no break in service so continuous service is not affected. 36. If I apply for a job at a lower grade – will my pay be protected if I am offered the job? You will need to refer to the university’s Pay Protection Policy to see whether the alternative role will be eligible for pay protection. See also the FAQs on Pay Protection. 37. Will there be a probationary period? Employees accepting alternative employment within the university will not normally be asked to serve a probationary period unless the post is significantly different from their previous role. Existing probationary periods will continue as normal where employees are still within their initial probationary period. Part of the purpose of a probationary period is to provide a period of induction, guidance, development and support and employees can expect to receive this support if they are taking on new roles. Voluntary Redundancy 38. I would like to apply for voluntary redundancy but have less than 2 years’ service. Can I still apply? While there is no statutory requirement to make a redundancy payment to employees with less than two years’ service, in the event that an employee with less than 2 years’ service wishes to apply for voluntary redundancy, the university may, at its discretion, consider making a compensation payment in accordance with the Redundancy Payments Policy. 39. What if I apply for voluntary redundancy and then change my mind? If you apply for voluntary redundancy, subject to the university’s approval of your application, this will become a binding and irrevocable commitment. Please note there is no right of appeal against the university’s decision. 40. If I apply for voluntary redundancy, will my eligibility for Job Seekers Allowance (JSA) be affected? You will need to seek advice from Job Centre Plus before making any decision re voluntary redundancy, as the rules relating to benefits are quite complicated and you will need to seek advice tailored to your individual circumstances. 41. If I apply for voluntary redundancy when will I find out whether my application is successful? If it is not accepted, will I still have time to apply for jobs in the new structure? The Enabling Document outlines the proposed timescales for the restructuring process including the ‘window’ for applications for voluntary redundancy. It is expected that employees will be advised of whether or not their application has been accepted before the ring-fenced selection and before the Open Recruitment stages are commenced. Therefore, if an individual applies for voluntary redundancy and this is rejected for whatever reason, they will still have the opportunity to apply for and be considered for alternative roles within the university. The fact that they have applied for voluntary redundancy and been rejected will not in any way prejudice their application for alternative employment or future employment with the university. 42. If an application for Voluntary Redundancy is made and accepted, does that preclude me from applying for any of the jobs advertised in the Open Recruitment Process? I.e: If I am approved for VR could I still apply for a role and if I didn’t get that job would I still be able to leave under a Voluntary Redundancy arrangement? If you are accepted for voluntary redundancy you will not be eligible to be considered for alternative employment within the university eg as part of the ring-fenced selection or open recruitment stages (see Enabling Document for more details). 43. If I submit an application for voluntary redundancy, will this be confidential? All voluntary redundancy applications will be treated in the strictest confidence and only discussed with the individuals responsible for making the decision on voluntary redundancy on a ‘need to know’ basis. Any applications for voluntary redundancy will not in any way influence or affect decisions made in respect of applications for alternative employment within the university or prejudice the employee’s continuing employment in any way if the employee’s application is not approved. 44. Is the expression of interest for VR a requirement for an application for VR? If an employee wishes to submit a formal application for VR they must first have expressed an interest and received a VR estimate. Please refer to the Employee Guide to the Workforce Reductions Process for more information. 45. If I take VR or am made redundant, when would my last day be? Please see the Enabling Document for indicative timescales. 46. When will decisions regarding VR be communicated? If an individual is accepted for VR they will be notified at the earliest opportunity after the university has made its decision. This is expected to be in early July. See the Enabling Document for indicative timescales. 47. If I took Voluntary Redundancy and then wanted to work for the university again in the future, when would I be eligible to make an application? Please see answer to FAQ on ‘Re-employment with DMU’ Redundancy Payment Calculations 48. Could you clarify what the university will be offering in the event of compulsory redundancy? Will they definitely be using its discretion in an employee’s favour as in section 2.1 of the Redundancy Payments Policy and therefore offering the gross weekly wage in its calculation? Where compulsory redundancies cannot be avoided, any redundancy payments will be calculated in accordance with the university’s Redundancy Payments Policy which is an enhancement of the statutory scheme. The university will disregard the statutory upper pay limit when calculating a week's pay for the purposes of the statutory redundancy payment; this means that the employee's actual week's gross pay will be used for this purpose. 49. Is there a compulsory redundancy ready reckoner so that people can compare this to VR? The ready reckoner is contained in the Redundancy Payments Policy. The discretionary enhanced VR payment is a doubling of the compulsory redundancy payment. 50. Is the allowance I receive for working shifts/unsociable hours included in my redundancy and pension calculations? Yes. If you are contracted to receive an allowance for working shifts or unsociable hours this will be included in your redundancy payment. 51. Will the redundancy payment be subject to tax and National Insurance? Under current HMRC rules payments up to £30,000 are non-taxable and all payments are exempt from National Insurance. However, tax is payable on any amount in excess of £30,000. 52. When can employees leaving DMU start work with a new employer? An employee who is dismissed by reason of redundancy (including voluntary redundancy) may start employment with a new employer at any time after the expiry of their notice with DMU. However, if the new employer is an organisation covered by the Redundancy Payments Modification Order (RPMO), there may be implications for the employee’s redundancy payment if their new employment starts within four weeks of their termination date with DMU. See the Redundancy Payments Policy for more information on the Redundancy Payments Modification Order. A condition of the employee receiving a redundancy payment with DMU is that they sign to confirm they have not accepted other employment with an organisation covered by the RPMO to start within four weeks of their date of termination with the university. 53. If my total years’ service is short by only a few days, will this be rounded up for redundancy payment calculation purposes? No. In order to be fair and consistent for all affected employees, the redundancy payment calculation (including VR payments) will be based on completed years’ service only. Even if the service falls short by a few days, that year will not be used in the calculation. Pensions 54. There is some confusion over whether pension payments will be ring-fenced for those accepting a lower grade post. Can this be clarified urgently as this affects whether or not people consider VR. The pension implications of accepting a lower graded post will be dependent on the relevant pension scheme rules and the employee’s age at the time they accept the lower graded post. Employees are strongly advised to contact the relevant pensions contact listed in the Employee Guide if they have any queries or concerns about their pension. Employees who accept a lower graded post as an alternative to redundancy may be eligible for two years’ pay protection and this also needs to be considered. Notice and Final Payments 55. Will I be paid for any outstanding annual leave that I have accrued? It is expected that all accrued annual leave will be taken prior to the date of leaving. 56. If an employee does not use their leave entitlement, will they be able to receive payment instead? Payment in lieu of untaken holidays (in excess of the statutory minimum) on termination of employment will not normally be paid and employees are expected to make every effort to take the proportion of holidays they are entitled to before their last day of employment. Payment in lieu will only be considered in exceptional circumstances and must be approved by the Director of People and Organisational Development, where an employee has been prevented from taking their holidays before their last day due to the business needs of the university. 57. How much notice are employees entitled to? Employees are entitled to their contractual notice but in this situation, DMU is providing all employees with 12 weeks’ notice. 58. If I obtained a job outside of DMU would I still be obliged to give my contractual notice? If you obtain another job outside of DMU you will normally be required to give your contractual notice but you may also be able to negotiate an earlier leave date with your manager if you were not able to give your normal contractual notice in these circumstances. Redeployment 59. Will I need to complete a Skills Audit? And if so, by when? During the period of the workforce reductions process, the university’s Redeployment Procedure will be varied in so far as the university will not be ‘matching’ employees to available vacancies, and therefore will not require a skills audit. This is because eligible employees are able to apply for any suitable vacancies as part of the Open Recruitment Process. 60. What happens if I am offered a trial period for a new job with DMU, but this takes me beyond my redundancy termination date? We will honour any opportunity for alternative employment, to try and avoid compulsory redundancy. Therefore we would allow you to complete the trial period. In the event that the trial period is successful then you will continue in the new role and the redundancy will not take effect. You will not receive a redundancy payment. In the event that the trial period is unsuccessful you will be paid for all days worked during the trial period but will be dismissed as redundant from your substantive role. Your effective date of termination will be the same date quoted in your initial notice of redundancy letter as if the trial period had not taken place. The cost of the extended trial period would be covered by the ‘exporting’ department. The university’s Redeployment Procedure contains further advice on work trials. 61. If people are eventually given notice of redundancy will they be able to apply for any posts in the normal redundancy period? All employees who are selected for redundancy may continue to apply for suitable posts throughout their notice period. The university will also try and identify suitable alternative employment for employees during this time. 62. If I am offered a post at a lower level and decide to decline it, what will my position be? If you are provisionally selected for redundancy and you are offered a job at a lower level, you will have the option of accepting this job (two years’ pay protection will apply if it is up to two grades lower than your existing grade) as an alternative to redundancy. However, if you decided to decline the role, this would not impact on your ability to apply for and be considered for other jobs within the university, nor would it impact on your entitlement to a redundancy payment if you declined to accept the job. If you accepted the position this would be subject to a work trial of four weeks and further details are contained within the Redeployment Procedure. See also FAQ 60 above. Pay Protection 63. If you are already in a period of protected pay, will this continue until its original end date? We would need to consider the individual circumstances to see how the current pay protection arrangement is impacted by the proposed new pay protection arrangements. Ordinarily, we would seek to honour existing pay protection arrangements – but again, we would need to consider the particular circumstances. See the Pay Protection Policy. 64. At the end of pay protection, are employees placed at the top of the new grade? Where an employee accepts a lower graded post as an alternative to redundancy they will be placed on the top point of that grade and, subject to being eligible, will receive pay protection for a period of two years in accordance with the Pay Protection Policy. 65. When does pay protection take effect? Start of new role? Yes. Pay protection will start from the date of commencement in the new grade. Acting up and on secondment 66. What if I am acting up or on secondment in another role, or temporarily covering another role in the absence of the substantive postholder? If you are currently acting up or on secondment into another post and that post is unaffected by the proposals, you may still receive a letter advising you that you are ‘at risk’ or ‘provisionally selected for redundancy’ if your substantive post has been identified as at risk or provisionally selected for redundancy. If this applies to you, you will be treated as if you are in your substantive post for the purposes of the change processes described in the Enabling Document; for example, you will be included in the ‘at risk pool’ applicable to your substantive post and not the acting up/secondment post. If the post you are covering / acting up into / seconded into is unaffected by the proposals, it will normally be treated as a vacancy that employees provisionally selected for redundancy could be considered for as part of the Open Recruitment Process. Temporary / Fixed Term Employees 67. I am on a short term contract; will I be able to apply for any role in the new structure? If you occupy a temporary, short term or fixed term contract with DMU and your post is affected by the current proposals you will be treated in accordance with the principles set out in the Enabling Document and the Employee Guide to the Workforce Reductions Process and no less favourably than employees on open-ended contracts who are also affected by the current proposals. Re-employment with DMU 68. If an employee takes redundancy and leaves, can they ever work at DMU again and, if so, how long before they can return? If an employee is made redundant or takes voluntary redundancy and seeks re-employment with DMU in the future, there would need to be a break in continuous service of at least four weeks otherwise the employee will not be entitled to a redundancy payment. See the Redundancy Payments Policy and the section on ‘Redundancy Payments Modification Order’. See also FAQ 52 above. Employees approved to take voluntary redundancy will be able to work for DMU in the future; however, the returning employee may be required to repay the university a percentage of the VR payment received unless a period of retained employment has been agreed as part of the VR approval process. (See Employee Guide to the Workforce Reductions Process). Documentation 69. Why is the HR advice documentation only in draft format? How will we be informed of any changes if they are made and what other implications are there? They are in draft form as we are currently consulting on them collectively with the trade unions. We will be posting regular updates on the POD intranet as these documents change and will highlight the areas that have changed.