Introduction
This policy sets out the College’s approach to dealing with potential redundancies. It does not form part of employees’ terms and conditions of employment and may be subject to change at the discretion of management. Although the College’s policy is to avoid redundancies wherever possible, the needs of the business may from time to time require a reduction in the overall number of staff employed or organisational changes that result in some employees being made redundant. Where this is necessary, the College will ensure that:
 the total number of redundancies made is kept to a minimum;
 employees and their representatives are fully consulted on any proposals and their implementation;
 selection for redundancy is based on clear criteria that will, as far as possible, be objectively and fairly applied;
 every effort is made to redeploy or find alternative work for employees selected for redundancy; and
 support and advice is provided to employees selected for redundancy to support them in looking for suitable work when their employment has come to an end.
What is redundancy?
Redundancy is a form of dismissal, caused by an employer needing to reduce the workforce. Reasons include:
 The requirement for employees to carry out work of a particular kind has ceased or diminished.
 Any re-organisation of work which means that the same work can be carried out by fewer employees or outsourced elsewhere more effectively.
 The College ceases or intends to cease or diminish business in the place/ area where the employee concerned is employed.
 The College ceases to exist.
Selection criteria
Through objective selection criteria the College strives to ensure that employees are not unfairly selected for redundancy. The chosen selection criteria may differ in each case depending on the circumstances that led to the potential redundancies such as: budgetary and funding constraints, re-organisation, etc. The College will consider the application of any such selection criteria in the context of ensuring its future viability and maintaining a balanced workforce. Selection criteria will be measured for impact in line with the Equality Act 2010.
CONSULTATION
Through the process of consultation the College seeks, as soon as practicable, to provide an opportunity for all staff “at risk” to share the problem, explore the options, ask questions and minimise uncertainty. The consultation will include considering ways of avoiding the dismissals, reducing the number of employees affected, and mitigating the effects of redundancy.
Collective consultation
Where it is proposed that 20 or more redundancies are required, consultations will take place at JCNC over the proposals and the general process to be followed prior to any individual consultation process starting. In all cases, the College will also consult with the affected employees individually.
Individual consultation
Where an individual’s post has been identified as “at risk” from redundancy, individual consultation will take place over a period of no less than 20 days. This will extend to 30 days where the college is proposing to dismiss as redundant 20 – 99 employees. A 45 day consultation period will apply where over 100 employees are to be dismissed as redundant. The consultation process will involve (in addition to the consultation with the trade union representatives when appropriate):
 an announcement to the group of affected employees
 at least 1 individual consultation meeting (unless the employee does not wish to have a consultation meeting)
 Meeting with individuals to confirm dismissal on the grounds of redundancy (giving at least 3 working days’ notice of the meeting). The College will consider all reasonable alternatives to redundancy during the consultation and these will be discussed at the meeting/s where the individual will have the opportunity to offer suggestions and ask questions.
Voluntary redundancy
In the event of potential redundancy, management may seek expressions of interest from volunteers if it is appropriate with the specific circumstance. Whether or not these volunteers would be permitted to take voluntary redundancy will be a management decision subject to the operational requirements of the College. An employee who takes voluntary redundancy will be entitled to normal/agreed redundancy pay provided they are eligible for it.
Alternatives to redundancy
Where the need for redundancies has been identified Management will give consideration to the following:
 Curtailment of recruitment where relevant
 Re-training and redeployment of employees where possible
 Voluntary redundancy
 Reduction or disengagement of agency staff employed
 Job sharing, reduced working hours and/or other flexible
arrangements
Redeployment
Employees identified for redundancy will be given the option of applying for existing vacancies, or those vacancies created as part of a reorganisation process, where they are considered to be a suitable alternative to redundancy. Where numbers of posts with the same job description are to be reduced within an identified area of work, individuals in those positions should be invited to apply for the remaining posts as appropriate. An employee may be offered alternative employment within the College on the same or suitable alternative terms. Should the employee refuse the offer may lose his/ her entitlement to redundancy pay if he/ she is unable to demonstrate reasonable justification for rejection.The College reserves the right not to offer any further redeployment options which could result in the employee losing his/her entitlement to redundancy pay. The College will not be obliged to offer a post at a higher grade than the individual’s current post without the application of the normal selection procedures. Employees have a separate legal entitlement to be offered any suitable alternative work that is available if they are made redundant while on maternity leave.
Salary Protection
If the redeployee is redeployed to a lower graded post then their salary will be protected for a period of 9 months. Where redeployment takes place to a post that is more than two grades below the current post, salary protection will be implemented on the basis of 9 months pay at two grades above the grade of the new post.
Trial Period of Redeployment
Following acceptance of an offer of redeployment, an employee will have up to a 12 week trial period in which to decide whether he / she wishes to reject or accept the position. This may be extended at Management’s discretion only for the purpose of retraining, and only if advance notice is given in writing before the trial period begins. The employee shall have the right to refuse the new post at any time during the 12 week trial period and accept redundancy if qualifying under the provisions of the redundancy procedure. Management may seek alternative offers of redeployment if reasonable justification for rejection has been demonstrated by the employee. Redeployed employees may accept the new post permanently at the end of the 12 week trial period. Where an employee proves unsuitable for the post within the trial period the College reserves the right to rescind the offer in which case, the employee would be considered for other redeployment opportunities or as having been made redundant and will retain his/ her previous redundancy entitlement (if already eligible).
Termination of employment
If no alternative solutions are found, the employees will, at the end of the consultation, be invited, in writing, to a “final” meeting with a senior post holder at which they may be accompanied by a fellow employee or a trade union representative. At this meeting the situation will again be discussed, and if no alternative solutions are found, they will be informed that their employment will terminate on grounds of redundancy. Depending on the circumstances, the College may waive its right to insist on employees working their notice and instead give a payment in lieu of notice. Employees with two or more years’ service may be entitled to a statutory redundancy payment. Appendix A explains how to calculate statutory redundancy pay entitlement. Employees who give notice or leave before notice of redundancy has been issued will not be eligible for redundancy compensation payments. The College will retain any redundancy pay in lieu of outstanding loans, or leave taken in excess of that accrued at the time of termination, as set out in the terms and conditions of employment. Redundancy compensation payments may not be paid to individuals who unreasonably refuse suitable alternative work.
Appeal
All employees will have the right to appeal to the College against dismissal on the grounds of redundancy and to exercise this right must apply to the Principal within 10 working days of receipt of notice of redundancy. Employees must indicate in writing on what grounds their appeal is made. The employee whose appeal against redundancy is being considered shall have the right to make representation to the Principal, for which purpose he/she may be accompanied and/or represented by a work colleague or recognised trade union representative. A member of senior management will attend to provide evidence in support of the case for redundancy. The appeal decision is final.
Time off work
An employee under notice of redundancy will be entitled to a reasonable amount of paid time off to look for alternative work, attend interviews, etc. Employees wishing to take advantage of this right should make the appropriate arrangements with their line manager.
Variable hours paid staff
Variable hours paid employees will have the same rights in redundancy as salaried staff, although redundancy calculations may be more complex to calculate due to the variable nature of their work. An hourly paid employee’s weekly pay for redundancy calculation purposes will be based on average weekly earnings. To be eligible for redundancy payment, the employee must have worked for the College continuously for two years. Continuity can be gained through different patterns of employment. Once continuity has been established, any redundancy payment will be calculated using the same criteria as for salaried staff. The weekly rate for hourly paid employees will be based on the 12 weeks of worked employment immediately prior to redundancy notice being served, and will be an average of work carried out during those 12 weeks and not of payments made or claims submitted.
Senior Post Holders
This Policy and Procedure will be followed for Senior Post Holders except
that the actions taken at the different stages of the procedure will be in
accordance with the authority levels outlined in the Articles of
Government.
In respect of the application of this Policy, the normal procedure as detailed above will be applied in all respects except for an Appeals Hearing. Where a Senior Post Holder lodges Appeal against a dismissal, the Appeal will be heard by a committee of the Corporation (“the Appeal Committee”) consisting of three members of the Corporation (excluding the Principal, the staff members, the student members and, unless not reasonably practicable, any other members involved earlier in the procedure).
Equal Opportunities
The application of this policy will be monitored in terms of equality of opportunity for inclusion in the annual Equal Opportunities report.
Appendix A:
Statutory Redundancy Payments:
The redundancy payment due to each employee under the statutory redundancy payment scheme depends on his or her age and length of service (up to twenty years). This determines the number of weeks’ pay due, which is then subject to a limit on weekly pay.
To calculate the number of weeks’ pay due, you should use the following amounts –
 0.5 week’s pay for each full year of service where age during year less than 22
 week’s pay for each full year of service where age during year is 22 or above, but less than 41
 1.5 weeks’ pay for each full year of service where age during year is 41+
To calculate a redundancy payment if made redundant – see the link below:
http://www.direct.gov.uk/redundancy.dsb