HR Policy Update for Staff (2)
Over recent months HR has significantly updated three of our existing HR policies
and developed one new policy, through consultation with our recognised unions,
EIS-ULA and UNISON.
This HR Policy Update provides you with: an overview of the new/updated policies;
reasons why the changes are taking place; when the policies take effect and an
overview of each with the key messages.
An equality impact assessment has been undertaken for all of these policies, which
can
be
viewed
at:
http://www.napier.ac.uk/aboutus/equalitydiversity/Pages/CompletedEqualityImpactAssessments.aspx
What is being introduced?
1.
2.
3.
4.
Bullying & Harassment Policy (Updated)
Grievance Policy and Procedure (Updated)
Disciplinary Policy and Procedure(Updated)
Redundancy Policy (New)
Why are these changes being introduced?
The policies have been updated and introduced to ensure that we meet the minimum
statutory requirements and that we provide greater transparency, fairness and
flexibility.
When will these changes take effect?
The following four policies will be applied with effect from 1st December 2009. Any
disciplinary, grievance or bullying and harassment case started prior to this date will
be conducted under the current procedures.
October 2009
1
HR POLICY UPDATE OVERVIEW
1.
Disciplinary Policy and Procedure
Aims and purpose of the updated policy and procedure
This policy and procedure applies to all employees of Edinburgh Napier
University. The existing policy has been updated to reflect legislative and will:
 Meet statutory requirements;
 Be clear and easy to understand and follow the principles set out in the
ACAS code of practice;
 Be effective at ensuring that issues raised, are handled as quickly as is
reasonably practicable;
 Minimise the impact on staff members and to reduce possible
associated costs:
 Promote orderly employment relations;
 Ensure fairness and consistency in the treatment of individuals
Objectives of the policy
The Disciplinary Policy and Procedure is designed to:
 Clarify how issues relating to conduct or capability will be dealt with;
 Clarify how disciplinary matters will be investigated;
 Clarify how disciplinary hearings will be handled by Senior Managers
and those staff reporting directly to the Principal;
 Clarify how the University will handle staff who have criminal charges
brought against them;
 Provide examples of minor, serious, gross misconduct and academic
misconduct;
 Clarify the levels of authority and panel constitution for disciplinary
hearings;
 Clarify the process for handling disciplinary matters against trade union
representatives;
 Avoid employment tribunals increasing awards by up to 25% where an
employer or employee fails to comply with the ACAS code of practice.
Who will benefit from the policy
All staff will benefit from a fair and transparent policy which clearly sets out
the procedure to be followed.
October 2009
2
Key changes to revised policy
 The revised policy meets statutory requirements and follows the ACAS
code of practice.
 The Employee Support Procedure should have been considered and/or
exhausted before using the formal disciplinary procedure.
 There are now three key stages in the formal disciplinary procedure:
 Notification
 The Disciplinary Hearing
 Appeal
 Timescales have been condensed to place an emphasis on speedy
resolution (where possible) of disciplinary matters. The timescales mirror
the timescales set out in the grievance procedure.
 There is no longer the sanction of a verbal warning.
 Disciplinary sanctions are now: Improvement note for unsatisfactory
performance or a Written Warning for minor misconduct;
Final Written Warning or Dismissal.
 There is only one level of appeal within the University and therefore the
decision following appeal will be final.
The policy can be found at:
http://staff.napier.ac.uk/services/hr/hrdocuments/Pages/Documents.aspx
October 2009
3
2.
Grievance Policy
Aims and purpose of the policy and procedure
The existing policy and procedure has been updated to reflect legislative
changes made in the Employment Act 2008 and will:
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Meet statutory requirements;
Be clear and easy to understand and follow the principles set out in the
ACAS code of practice;
Be effective at ensuring that issues raised, are handled as quickly as is
reasonably practicable;
Minimise the impact on staff members and to reduce possible
associated costs;
Promote orderly employment relations;
Ensure fairness and consistency in the treatment of individuals.
Objectives of the policy
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To clarify how the University will deal with grievances raised by
employees;
To provide guidance to managers and staff on how the University will
handle grievances in a fair and consistent manner;
To clarify the formal stages of the procedure;
To clarify how grievances will be investigated;
To clarify levels of authority for grievance hearings;
To ensure that grievances raised are dealt with promptly and
thoroughly;
To determine how grievances will be handled for Senior Managers and
those staff reporting directly to the Principal;
To cross reference to other relevant policies e.g. Bullying and
Harassment Policy, Disciplinary Policy and Procedure, Flexible
Working, and Retirement;
To determine how collective grievances will be handled.
Who will benefit from the policy
All staff will benefit from a fair and transparent policy which clearly sets out the
procedure to be followed.
October 2009
4
Key Messages
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The revised policy meets statutory requirements and follows the ACAS
code of practice.
Staff should normally discuss their concerns with their immediate Line
Manager with a view to finding a resolution before formal procedures
apply.
There are now three key stages in the formal grievance procedure:

Notification

The Grievance Hearing

Appeal
Timescales have been condensed to place an emphasis on speedy
resolution (where possible) of grievances raised.
There is now no modified procedure.
The appeal process has been significantly updated by having only one
level of appeal.
The section on collective grievances has been clarified.
The policy can be found at:
http://staff.napier.ac.uk/services/hr/hrdocuments/Pages/Documents.aspx
October 2009
5
3.
Bullying & Harassment Policy
Aims and purpose of the policy
This policy covers all staff members, student, self employed people and
contractors who are working in the University. The policy will:
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Meet statutory requirements;
Be clear and easy to understand and follow the principles set out in the
ACAS code of practice;
Be effective at ensuring that issues raised, are handled as quickly as is
reasonably practicable;
Minimise the impact on staff members and to reduce possible
associated costs;
Promote orderly employment relations;
Ensure fairness and consistency in the treatment of individuals.
Objectives of the policy
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To remove the link from the Disciplinary process, and align with the new
Grievance Policy.
To link with the Students Complaint Procedure.
To change the name to Bullying and Harassment Policy.
To support the HR strategy of promoting a working environment which
is supportive, safe, and recognises the importance of a healthy work/life
balance.
To ensure that staff and students understand how this policy links to
other University Welfare Policies and the support available.
Who will benefit from the policy
All staff will benefit from a fair and transparent policy which clearly sets out the
procedure to be followed.
Key Messages
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The University will not tolerate bullying & harassment of any member of
the University staff and student community.
Allegations of bullying & harassment are a form of grievance and will be
handled through the new grievance policy.
The role of contact officers has been removed and will not be included
in the policy.
The policy can be found at:
http://staff.napier.ac.uk/services/hr/hrdocuments/Pages/Documents.aspx
October 2009
6
4.
Redundancy Policy
Aims and purpose of the policy
The policy applies to all employees affected by organisational change. In May
09, the existing redundancy policy was withdrawn as it did not comply with age
discrimination legislation.
The aim of the policy is to ensure that it:
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Meets statutory requirements;
Is clear and easy to understand and follow the principles set out in the
ACAS code of practice;
Ensures fairness and consistency in the treatment of all staff;
Provides guidance to managers and staff on how the policy will be
applied;
Details the general approach senior management can take to avoid or
minimise compulsory redundancies.
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Objectives of the policy
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One scheme, for all employees, to assure that provisions and payments
that staff are entitled to are applied in a fair and consistent manner.
Ensure compliance with legislation by the University in administration
and management of the policy.
Ensure employees understanding of their rights and obligations in terms
of the policy.
To clearly state the consultation arrangements with the recognised
trade unions.
To clearly define ‘reckonable service’ and when this would be included
in the calculation of occupational redundancy pay.
To clarify how occupational redundancy pay will be calculated.
To ensure that marked time protection will be available for a maximum
period of up to three years (no cost of living to be applied during this
period).
To make redundancy payments after two full years of service in line with
legislation.
Who will benefit from the policy
This proposal will benefit all existing and new employees. It will provide clear
guidelines to employees and managers on how the University will handle
redundancy matters.
October 2009
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Key Messages
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2.
Every reasonable effort will be made to avoid or minimise compulsory
redundancies.
There is a clearly defined consultation period.
The process for selection of roles which may be potentially redundant
will be clear.
Employees will be consulted about potential redundancy.
Employees selected for redundancy will have the right to appeal.
To minimise or avoid redundancies senior management will always
consider opportunities for redeployment within the University.
Occupational Redundancy pay will be paid to staff with more than 2
years service and will be capped at 20 years. Two calculations will be
made and the University will pay the greater of these two calculations:
Statutory Redundancy Pay Calculation, which will include all reckonable
service
Enhanced Redundancy Pay Calculation, which will include continuous
service with Edinburgh Napier University only.
The policy can be found at:
http://staff.napier.ac.uk/services/hr/hrdocuments/Pages/Documents.aspx
October 2009
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