UNIVERSITY OF SUSSEX. 1.3 In all potential redundancy situations, the University will have due regard to its equality duties.

Transcription

1 UNIVERSITY OF SUSSEX REDUNDANCY PROCEDURE (Regulatin 32) PART ONE GENERAL AND INTRODUCTION 1. INTRODUCTION AND APPLICATION OF THE PROCEDURE 1.1 The University recgnises that staff are a valuable resurce. The University will therefre endeavur t seek t safeguard the current and future emplyment f members f staff as far as reasnably practicable and in a way that is cnsistent with the University's aim t maintain and enhance the efficiency with which its cre purpses are carried ut. While it is the plicy f the University t avid cmpulsry terminatin f emplyment n the grunds f redundancy wherever reasnably practicable, it is pssible that circumstances may make that unavidable frm time t time. 1.2 The purpse f this Prcedure is t set dwn the prcesses t be fllwed in ptential redundancy situatins, s that the University's interests are prtected and members f staff at risk are treated fairly and cnsistently. This Prcedure seeks t ensure that all ptential redundancy situatins are handled in a fair, cnsistent and sympathetic manner and t minimise any hardship, as far as reasnably practicable, that may be suffered by the members f staff cncerned. 1.3 In all ptential redundancy situatins, the University will have due regard t its equality duties. 1.4 Subject t paragraph 1.5 this Prcedure shall apply t all staff including Assciate Tutrs and ther staff cntracted n a variable hurs basis but excluding casual staff and references t "member f staff" r "staff" shall be interpreted accrdingly. 1.5 This Prcedure shall nt apply t any member f academic staff wh was appinted prir t, and nt prmted n r after, 20 Nvember Fr the purpses f this paragraph, a reference t "appintment" r "prmtin" shall be cnstrued in accrdance with sub-sectins (3) t (6) f sectin 204 f the Educatin Refrm Act This Prcedure shall apply t the ptential redundancy f members f staff emplyed n fixed term cntracts as well as t members f staff emplyed n indefinite cntracts. Hwever, the University has standing arrangements (reflected in this Prcedure) fr cnsultatin with trade unin representatives n certain types f prpsed redundancies, which include the prpsed r anticipated redundancy f staff n fixed term cntracts r thse whse emplyment is supprted by specific external funding. 1.7 A flw chart is set ut at Appendix 1 t this Prcedure in rder t summarise the key steps t be taken under this Prcedure. 1.8 Redundancy situatins may arise in a number f cntexts. This Prcedure distinguishes between redundancies arising in the cntext f a Prpsal fr Organisatinal Change and thse arising in ther situatins, recgnising that in the cntext f a Prpsal fr Organisatinal Change specific measures may be apprpriate t mitigate the impact f the prpsed redundancies f the affected staff. This Prcedure als requires that in the case f a Prpsal fr Organisatinal Change, authrity will be sught frm Cuncil t implement the apprpriate stages f the prcedure that wuld nrmally fllw cllective cnsultatin with trade unin representatives 1. 1 Please refer t paragraph 7.3 Human Resurces/February

2 1.9 Fr the purpses f this prcedure, a Prpsal fr Organisatinal Change is a prpsal made by the Vice-Chancellr's Executive Grup fr: a significant restructuring f the University r any f its Schls r Prfessinal Services Divisins; the clsure f a Department within a Schl; r the clsure f a Prfessinal Services Divisin r Unit within a Prfessinal Services divisin Redundancy situatins will nt always include the applicatin f selectin criteria t a grup f staff t determine which members f staff in the affected grup shuld be dismissed n the grunds f redundancy and which shall be retained. In sme cases the redundancy prpsal may affect a single member f staff r may cnsist f a prpsal t dismiss all staff, r t whm a specific circumstance giving rise t the redundancy situatin applies The steps required under this Prcedure will vary depending n whether r nt there is a Prpsal fr Organisatinal Change and whether r nt selectin fr dismissal n the grunds f redundancy by the applicatin f selectin criteria is required The University will meet n a regular basis, which shall nrmally be twice yearly, with the recgnised trades unins, t discuss financial and ther relevant business infrmatin, utside f the scpe f this Prcedure; fr the avidance f dubt, such meetings will nt include discussins n ptential r actual redundancies and will nt therefre frm part f cllective r individual cnsultatin. (Als see the respective Prcedure Agreements between the University and the trades unins). 2. DEFINITION OF REDUNDANCY AND POTENTIAL CONSEQUENCES FOR EMPLOYMENT 2.1 Fr the purpses f this Prcedure, a ptential redundancy situatin exists where: the University has ceased r intends t cease t carry ut any activity fr which a member r members f staff is/are emplyed, r ceases r intends t cease t carry ut such activity at any particular place; r the University's requirement/s fr members f staff t carry ut wrk f a particular kind, r fr members f staff t carry ut wrk f a particular kind in any particular place, has/have ceased r diminished r is/are expected t cease r diminish. 2.2 Where a ptential redundancy situatin exists, the ptential cnsequences fr members f staff affected by the redundancy situatin may be: the terminatin f their emplyment with the University; the terminatin f their current cntract f emplyment and redeplyment t ther rles within the University; the terminatin f their current cntract f emplyment and redeplyment t new rles created in the cntext f a Prpsal fr Organisatinal Change. Human Resurces/February

3 3. REDEPLOYMENT PROCEDURE 3.1 The University recgnises that the redeplyment f staff at risk f dismissal n the grunds f redundancy int suitable alternative psts is a way in which cmpulsry redundancies can be avided r reduced. 3.2 Where a member f staff has been selected r identified fr dismissal n the grunds f redundancy under this Prcedure, and where the member f staff will have been emplyed by the University fr ne r mre years by the prpsed dismissal date, the University shall, either prir t the issuing f ntice f dismissal r during the member f staff's ntice perid, explre the pssibility f redeplying the member f staff t suitable alternative emplyment within the University. The Redeplyment Prcedure set ut at Appendix 2 t this Prcedure sets ut the detailed arrangements that will apply in relatin t seeking and effecting redeplyment. 4. MAINTENANCE OF EMPLOYMENT POLICY 4.1 In the case f a Prpsal fr Organisatinal Change, alternatives t cmpulsry terminatin f emplyment n the grunds f redundancy may include measures such as vluntary severance, early retirement, part-time wrking r transfer t ther wrk in the University. In this respect, this Prcedure shuld be read in cnjunctin with the University's Maintenance f Emplyment Plicy which is attached as Appendix 3 t this Prcedure and which will apply in cases f a Prpsal fr Organisatinal Change, including, fr the avidance f dubt, t staff n fixed-term cntracts whse psts are at risk f redundancy as part f a Prpsal fr Organisatinal Change. 5. RIGHT TO BE ACCOMPANIED 5.1 Members f staff may be accmpanied at frmal meetings r hearings under this Prcedure by a clleague emplyed by the University r a trade unin representative. The cmpanin will be able t cnfer with the member f staff during the meeting r hearing and will be allwed t address the meeting r hearing in rder t put frward and sum up the member f staff's case, respnd n the member f staff's behalf t any view expressed at the hearing and ask questins f clarificatin. The cmpanin will nt be able t answer questins n the member f staff's behalf. 5.2 Shuld the chsen cmpanin be unavailable t attend the meeting r hearing n the first ntified date, the member f staff shall as sn as reasnably practicable request a pstpnement by prpsing an alternative date and time, which shuld be within five days f the date riginally ntified. Where this is nt reasnably practicable, the member f staff shall chse an alternative clleague emplyed by the University r a trade unin representative t accmpany him/her t the meeting r hearing. 5.3 The member f staff and cmpanin shall make every effrt t attend meetings r hearings under this Prcedure. It is the member f staff's respnsibility t ntify his/her chsen cmpanin f the details f the meeting r hearing including the date, time and lcatin f the meetings as well any relevant dcumentatin relating t his/her case. 5.4 If a member f staff r his/her cmpanin becmes unable t attend any meeting r hearing fr reasns that were unfreseeable at the time f arranging the meeting, the member f staff will be ntified f a new date, time and lcatin fr the meeting. If a member f staff r his/her cmpanin fails t attend a meeting r hearing withut gd reasn, the University reserves the right t prceed with the meeting r hearing in the absence f the member f staff r his/her cmpanin. Human Resurces/February

4 5.5 If a member f staff is disabled, it may be apprpriate t allw him/her t be accmpanied by a suitable lay persn because f his/her disability, in additin t any chsen cmpanin. 5.6 If a member f staff s first language is nt English, it may be apprpriate t allw him/her t be accmpanied by a suitable lay persn wh can prvide supprt with cmmunicatin in English, in additin t any chsen cmpanin. PART TWO: CONSULTATION STAGES 6. Cnsultatin Under Standing Arrangements 6.1 Paragraphs 6.2 t 6.6 set ut the prcess f cnsultatin with recgnised trade unins under standing arrangements in relatin t prpsed r anticipated dismissals which may arise: as a result f the expiry, r ptential expiry, f specific external funding which supprts the cntinued emplyment f the member f staff in questin (whether they are emplyed n a fixed term r indefinite cntract basis); therwise n the expiry, r ptential expiry, f fixed term cntracts withut renewal; where these d nt arise frm a Prpsal fr Organisatinal Change. 6.2 The University will prvide the trade unin with infrmatin regarding the prpsed r ptential dismissals under this sectin as fllws: n r befre 31 May (r n r befre 31 March where there are 100 r mre prpsed dismissals), the University will prvide infrmatin regarding prpsed r ptential dismissals under this sectin in the perid 1 July t 30 September; n r befre 31 August (r n r befre 30 June where there are 100 r mre prpsed dismissals), the University will prvide infrmatin regarding prpsed r ptential dismissals under this sectin in the perid 1 Octber t 31 December; n r befre 30 Nvember (r n r befre 30 September where there are 100 r mre prpsed dismissals), the University will prvide infrmatin regarding prpsed r ptential dismissals under this sectin in the perid 1 January t 31 March n r befre 28/29 February (r n r befre 31 December where there are 100 r mre prpsed dismissals), the University will prvide infrmatin regarding prpsed r ptential dismissals under this sectin in the perid 1 April t 30 June. 6.3 The infrmatin t be prvided by the University will include: the reasns fr the prpsed r ptential dismissals; the categries r descriptins f staff at risk f dismissal and the numbers f dismissals prpsed in relatin t each such categry r descriptin; the ttal numbers f staff f each such categry r descriptin; the prpsed methd f selecting the emplyees wh may be dismissed, including whether r nt it is prpsed t use selectin criteria t determine which staff are t be dismissed; the prpsed methd f carrying ut the dismissals; Human Resurces/February

5 6.3.6 the prpsed timescale ver which it is prpsed that the dismissals wuld take effect; the prpsed methd f calculating the amunt f any redundancy payments due t emplyees wh may be dismissed the number f agency wrkers wrking temprarily fr and under the supervisin and directin f the University; the parts f the University in which thse agency wrkers are wrking; and the type f wrk thse agency wrkers are carrying ut. 6.4 It is recgnised by the trade unins that infrmatin and cnsultatin under this sectin may begin at a time when the availability f alternative funding t cntinue the emplyment f affected staff is nt yet established and that the number f prpsed r ptential dismissals ntified is likely t reduce during cnsultatin as alternative external funding is identified. The University will prvide updated infrmatin during and at the end f the cnsultatin prcess n the number f prpsed redundancies that have been avided (e.g. thrugh re-deplyment r alternative funding being secured). 6.5 The University will meet with the trade unins nrmally every three mnths fr the purpse f meaningful cnsultatin in respect f prpsed r ptential dismissals ntified under this sectin t discuss ways f aviding r reducing the number f prpsed r ptential dismissals and mitigating their impact, and where applicable t update the trade unins n the success r therwise in identifying alternative funding t supprt cntinued emplyment fr the staff in questin. Cnsultatin shall be with a view t reaching agreement with the apprpriate trade unin representatives and with due regard t the University's bligatins under S188 TULRCA In parallel with cnsultatin with trade unin representatives, the affected member r members f staff will be ntified f the ptential redundancy situatin, that his/her/their cntinued emplyment is being cnsidered under this Prcedure and that he/she/they is/are at risk f dismissal n the grunds f redundancy. Affected members f staff shall be infrmed f the prgress and utcme f cnsultatin with trade unin representatives. 7. Cnsultatin in Other Cases including in a Prpsal fr Organisatinal Change 7.1 This sectin applies t prpsed redundancies ther than thse in respect f which cllective cnsultatin has, r will be, carried ut under the Standing Arrangements identified in sectin 6 abve. 7.2 Where the University prpses t make redundancies under this sectin, and (subject t paragraph 7.4) the number f such prpsed redundancies, tgether with any prpsed under sectin 6, which wuld take place within a 90-day perid is fewer than 20, the prcedure in paragraphs 7.9 t 7.11 will apply and the University will als infrm the relevant trade unin representatives f the ptential redundancy situatin, prviding the infrmatin in paragraph 7.5 belw. Thereafter, the University will respnd t any representatins made by the relevant trade unin representatives in the individual representatin f their members. 2 It is the University s nrmal practice t make a statutry redundancy payment in the case f cmpulsry redundancy. Hwever, where a member f staff t whm sectin 6 applies and whse emplyment is t terminate by reasn f redundancy has: (i) 5 years cntinuus service with the University; and (ii) has been emplyed n tw r mre successive fixed-term cntracts fr a cntinuus perid f 5 years, s/he will have access t the vluntary severance terms that wuld be applicable t staff wh were redundant as a result f a prpsal fr Organisatinal Change being implemented. Human Resurces/February

6 7.3 Where the University prpses t make redundancies under this sectin, and (subject t paragraph 7.4) the number f such prpsed redundancies, tgether with any prpsal under sectin 6, which wuld take effect within a 90-day perid is 20 r mre, the prcedure in paragraphs 7.5 t 7.11 will apply. 7.4 In determining fr the purpses f paragraphs 7.2 and 7.3 the number f prpsed redundancies which wuld take effect within a 90 day perid under this sectin and sectin 6, n accunt shall be taken f: the prpsed dismissal f a member f staff emplyed n a fixed term cntract f less than 3 mnths' duratin wh wuld, n the expiry f such a cntract, have less than 3 mnths' cntinuus service; and any prpsed redundancies under either sectin 6 r sectin 7 f this prcedure which are already the subject f cllective cnsultatin with any recgnised trade unin. 7.5 The University shall ntify the relevant trade unin representatives f the affected members f staff f: the ttal number f redundancies prpsed and whether they arise frm a Prpsal fr Organisatinal Change made by the Vice-Chancellr's Executive Grup; the Schl/s, Department/s, Divisin/s, Centre/s r ther Unit/s within which it is prpsed that the dismissals wuld take place ("the affected units"); the reasn fr the prpsed redundancies; the categries r descriptins f staff at risk f dismissal fr redundancy in the affected unit r units and the numbers f dismissals prpsed in relatin t each such categry r descriptin; the ttal numbers f staff emplyed in the affected unit f each such categry r descriptin; the prpsed methd f selecting the emplyees wh may be dismissed, including whether r nt it is prpsed t use selectin criteria t determine which staff are t be dismissed n the grunds f redundancy and if s such details f the prpsed selectin criteria as are available at that time; the prpsed methd f carrying ut the dismissals; the prpsed timescale ver which it is prpsed that the redundancies wuld take effect; the prpsed methd f calculating the amunt f any redundancy payments t be made t emplyees wh may be dismissed; the number f agency wrkers wrking temprarily fr and under the supervisin and directin f the University; the parts f the University in which thse agency wrkers are wrking; and the type f wrk thse agency wrkers are carrying ut. Human Resurces/February

7 7.6 The University shall cnsult meaningfully with the trade unin representatives f the affected members f staff cncerned with a view t identifying means f aviding the ptential redundancies, reducing their number r mitigating the impact f the redundancies n the affected emplyees. Such cnsultatin shall include the prvisin f relevant infrmatin by the University, e.g. the financial impact f the prpsed redundancies, the ptential impact n remaining psts, and numerical utcmes t redundancy avidance and mitigatin measures, e.g. numbers f staff successfully redeplyed. Cnsultatin n behalf f the University shall be undertaken by a persn r persns nminated by the Vice-Chancellr's Executive Grup fr the purpse (the "designated persn r persns"). Such cnsultatin will be undertaken with a view t reaching agreement and with due regard t the University's bligatins under s188 TULRCA The University may temprarily increase the facility time given t recgnised trade unin representatives in rder t facilitate the cllective cnsultatin prcess under s188 TULRCA It shall be fr the designated persn t determine when cnsultatin with trade unin representatives and affected members f staff has been undertaken t his/her satisfactin in respect f the prpsed redundancies. 7.9 In parallel with cnsultatin with trade unin representatives (where applicable) the affected member r members f staff will be ntified f the ptential redundancy situatin, that his/her/their cntinued emplyment is being cnsidered under this Prcedure and that he/she/they is/are at risk f dismissal n the grunds f redundancy. Affected members f staff shall be infrmed f the prgress and utcme f cnsultatin with trade unin representatives (where applicable). In additin, the designated persn r his/her delegate shall cnsult with the affected member r members f staff n the ptential redundancy situatin. The member r members f staff affected shall be invited t a meeting at which they can make ral r written representatins at which the reasns fr the prpsed redundancies can be further explained and the affected members f staff can make ral r written representatins and discuss alternatives t the prpsed redundancy r redundancies. The member r members f staff will be advised f their right t be accmpanied at such meeting under paragraphs 5.1 t 5.4 abve A further meeting r meetings (as apprpriate) shall be arranged t discuss the representatins made by the member r members f staff and t respnd t them and t discuss further as cnsidered apprpriate any alternatives t the prpsed redundancy r redundancies This cnsultatin may be undertaken by meetings with affected members f staff (individually r as a grup) and/r by allwing the affected member r members f staff t make representatins in writing t the designated persn. PART THREE FURTHER STEPS IN THE CASE OF A PROPOSAL FOR ORGANISATIONAL CHANGE 8. Prir Authrisatin Frm Cuncil 8.1 This sectin nly applies in relatin t redundancies which arise frm a Prpsal fr Organisatinal Change. 8.2 In the case f ptential redundancy situatins arising frm a Prpsal fr Organisatinal Change, the steps detailed in Part Fur belw shall nt be taken withut prir authrisatin frm Cuncil. 8.3 Any request t Cuncil under paragraph 8.2 will include the fllwing infrmatin: Human Resurces/February

8 8.3.1 the ttal number f redundancies prpsed; the Schl/s, Department/s, Divisin/s, Centre/s r ther Unit/s within which it is prpsed that the dismissals wuld take place ("the affected units"); the reasn fr the prpsed redundancies; the categries r descriptins f staff at risk f dismissal fr redundancy in the affected unit r units and the numbers f dismissals prpsed in relatin t each such categry r descriptin; the ttal numbers f staff emplyed in the affected unit f each such categry r descriptin; whether r nt it is prpsed t apply selectin criteria t identify which members f staff shuld be dismissed n the grunds f redundancy and if s such details f the prpsed selectin criteria as are available at that time; the prpsed timescale ver which it is prpsed that the redundancies wuld take place; A summary f the steps which have been taken t discharge the bligatin t cnsult apprpriate representatives f the affected members f staff and/r the affected staff individually, and the utcme f thse cnsultatins, including whether r nt agreement has been reached with the apprpriate representatives where applicable, n ways and means f aviding the dismissals r reducing their numbers r mitigating the effect f the dismissals. 9. Other Steps 9.1 Cuncil will be asked by the Vice-Chancellr's Executive Grup t cnsider apprving a vluntary severance and early retirement scheme, in line with the Maintenance f Emplyment Plicy. Where it is prpsed that such scheme differs frm that agreed by Cuncil in March 2010, the University will cnsult with the recgnised trades unins n the terms f the scheme. 9.2 The Vice-Chancellr's Executive Grup will cnsider the establishment f enhanced redeplyment measures, in line with the Maintenance f Emplyment Plicy and the Redeplyment Prcedure. 9.3 The University will cnsider the prvisin f apprpriate utplacement supprt fr affected staff. PART FOUR: FURTHER STAGES 10. Applicatin f this Sectin 10.1 Where, fllwing cnsultatin with the trade unin representatives f the affected members f staff r individual cnsultatin with the affected member r members f staff (as applicable) and (where relevant) authrisatin frm Cuncil, the prcedure in paragraphs 11.1 t 11.4 shall apply t cases nt invlving the applicatin r selectin criteria and paragraphs 12.1 t 12.8 shall apply t cases which d invlve the applicatin f selectin criteria. 11. Individual cnsultatin in cases nt invlving the applicatin f selectin criteria 11.1 Each affected member f staff will be invited t an individual meeting at which the reasns fr the prpsed redundancy/ies will be further explained and the affected member f staff can Human Resurces/February

9 make ral r written representatins and discuss alternatives t his/her prpsed dismissal n the grunds f redundancy. The member f staff will be advised f his/her right t be accmpanied at such meeting under paragraphs 5.1 t 5.4 abve A further individual meeting shall be arranged t discuss the representatins made by the member f staff and respnd t them and t further cnsider alternatives t the prpsed redundancy. The member f staff will be advised f his/her right t be accmpanied at such further meeting under paragraphs 5.1 t 5.4 abve Fllwing cnsideratin f the representatins made by the member f staff, each affected member f staff will be infrmed separately in writing whether it has been decided t terminate his/her emplyment n the grunds f redundancy. The member f staff may be given ntice f dismissal n the grund f redundancy r advised f a perid f time within which the availability f alternative emplyment fr the member f staff r ther measures t avid cmpulsry terminatin f emplyment n the grunds f redundancy shall be cnsidered (r, as the case may be, cntinue t be cnsidered) befre ntice f dismissal is served. The member f staff will be infrmed f any redundancy payments that will be made in the event that alternatives t terminatin f the member f staff's emplyment cannt be fund Where ntice f dismissal is given, the member f staff will be advised f his/her right f appeal against dismissal and the applicable time limits fr the making f such an appeal. 12. Individual cnsultatin in cases including the applicatin f selectin criteria 12.1 The member r members f staff at risk f dismissal shall be ntified in writing: that he r she remains ptentially at risk f dismissal by reasn f redundancy and shall be cnsulted individually n the applicatin f the selectin criteria befre any decisin t dismiss him/her by reasn f redundancy is taken; f the number f redundancies t be effected; f the relevant grup f affected staff frm which redundancies will be effected by the applicatin f selectin criteria; f the ttal number f staff emplyed in that grup f affected staff; f the ttal number f staff t be dismissed frm that grup by reasn f redundancy; f the selectin criteria t be used t determine which members f staff within the affected grup are t be dismissed by reasn f redundancy; f the persn r persns (t be nminated by a PVC r the Registrar & Secretary) wh will assess the staff within the affected grup against the selectin criteria; when the assessment f affected staff against that criteria will take place; f the prpsed arrangements fr cnsulting individual members f staff within the affected grup in respect f the applicatin f the selectin criteria t them; f the way in which vluntary severance payments and/r statutry redundancy payments are t be calculated The affected staff shall be given a perid f time within which t make representatins abut the selectin criteria (unless these have been the subject f cllective cnsultatin with the relevant Human Resurces/February

10 trade unin) and t prvide any infrmatin t be taken int accunt when the selectin criteria is applied t him/her The assessment f affected staff against the selectin criteria shall nrmally be carried ut by mre than ne persn nminated by a Pr-Vice-Chancellr r the Registrar & Secretary After all members f staff within the relevant grup f affected staff have been assessed against the selectin criteria: thse staff prvisinally selected fr redundancy will be ntified f that fact in writing and invited t a meeting with at least ne persn wh carried ut the assessment, at which they will be prvided with written details f their assessment against the selectin criteria. The member f staff will have the right t be accmpanied under paragraphs 5.1 t 5.4 abve thse members f staff within the relevant grup f affected staff nt prvisinally selected fr redundancy shall be advised in writing that, althugh nt prvisinally selected at this stage, that psitin culd change as a result f meetings with r appeals by prvisinally selected members f staff, in which case they shall have the same rights t cnsultatin and appeal as thse prvisinally selected under paragraph abve At the meeting referred t in paragraph the applicatin f the selectin criteria t that member f staff shall be explained and a written cpy f the assessment f the member f staff against the selectin criteria will be prvided The member f staff will be invited in writing t attend a further meeting at which he r she may make representatins abut his/her assessment against the selectin criteria and allw thse wh carried ut the assessment f that member f staff t respnd. The member f staff will have the right t be accmpanied under paragraphs 5.1 t 5.4 abve The member f staff shall be infrmed in writing f any changes t his/her assessment against the selectin criteria made as a result f the representatins referred t in the meeting under paragraph and 12.6 abve, r (as the case may be) that the assessment is unchanged Fllwing the meetings referred t in paragraphs and 12.6 and having taken accunt f any representatins made by the individual member f staff, each member f staff selected fr dismissal by reasn f redundancy shall be ntified f that fact in writing. The letter may either give ntice f dismissal r specify a perid f time within which the availability f alternative emplyment fr the member f staff shall be cnsidered (r, as the case maybe, cntinue t be cnsidered) befre ntice f dismissal is served. Where ntice f dismissal is given, the member f staff shall be given details f his/her entitlement t a redundancy payment and advised f his/her entitlement t appeal against dismissal and the applicable time limits fr the making f such an appeal Where a member f staff s pst has been cnfirmed as redundant, he/she will be entitled t a reasnable amunt f paid time ff wrk t attend jb interviews. 13. Appeals 13.1 A member f staff wh wishes t appeal against a decisin t dismiss taken under paragraph 11.3 r 12.8 abve shuld d s in writing t the Directr f Human Resurces within 10 wrking days f receipt f the decisin. The member f staff shuld set ut the grunds f his/her appeal in full. Human Resurces/February

11 13.2 The persn whse decisin is being appealed shall be asked t prvide written cmments n the grunds f appeal. A cpy f these written cmments will be prvided t the member f staff in advance f the appeal hearing In the case f appeals against dismissal, the appeals will be heard by a Redundancy Appeal Panel appinted by the Vice-Chancellr (r nminee), and cnsisting f tw independent senir managers (ne f whm shall be the Chair), and an independent emplyment slicitr appinted by the University (wh shall nt be emplyed by the University nr act fr the University ther than in their capacity as a member f a panel fr appeals against dismissal). In the case f the independent peer (frm the staff), independent shall have the meaning f nt having had prir invlvement in the case. In the case f the independent persn external t the University, independent shall have the meaning f having n invlvement with the University which might be prejudicial t impartial judgement (and fr the avidance f dubt, any payment by the University t such external persn in respect f their time incurred in respect f the appeal shall nt be deemed t prejudice their impartial judgement). In the case f the appeal f an academic member f staff, ne f the tw senir managers shall be a Head f Schl frm anther Schl r ther academic peer. The panel will be supprted by a Human Resurces representative N later than 10 wrking days befre the Appeal Hearing the member f staff shall be ntified f: the date, time and place f the Appeal Hearing; his/her right t be accmpanied at the Appeal Hearing under paragraph 5.1 t 5.4 abve; and s far as they are knwn at the time, the names f the persn(s) t be present at the Appeal Hearing At the Appeal Hearing the member f staff shall present his/her grunds f appeal and the persn wh made the decisin appealed against shall respnd. Members f the Appeal Panel may questin anyne present at any stage. After each side's case has been presented, the Appeal Chair will ask the member f staff and then the persn wh made the decisin appealed against t sum up. The Hearing will then be adjurned while the facts f the case and the representatins made are cnsidered and a decisin is reached The Appeal Chair shall prduce a written decisin nrmally within 10 wrking days f the Appeal Hearing which will be sent t the member f staff and his/her representative. Human Resurces/February

12 UNIVERSITY OF SUSSEX Appendix 1: Redundancy flwchart (where selectin criteria are nt applied) Human Resurces/February

13 Appendix 2 The Redeplyment Prcedure REDEPLOYMENT PROCEDURE PART ONE - GENERAL & INTRODUCTION 1. Intrductin 1.1. The University recgnises that staff are a valuable resurce. The University will therefre endeavur t seek t safeguard the emplyment f members f staff as far as reasnably practicable and in a way that is cnsistent with the University s aim t maintain and enhance the efficiency with which its cre purpses are carried ut. A way in which the University aims t prtect the security f emplyment fr its staff is by implementing a clear and fair redeplyment prcedure. The effectiveness f the prcedure is dependent upn the full c-peratin f all members f staff invlved in the prcess. The purpse f this Prcedure is as fllws; T retain valuable skills and knwledge within the University; T ensure a fair and cnsistent apprach is adpted in the management f redeplyment; T prvide effective supprt fr members f staff using this Prcedure, including reasnable training where apprpriate; T ensure the University meets its legal bligatins. 2. Applicatin f the prcedure 2.1. Subject t paragraph 2.2, this Prcedure shall apply t all staff that (with the exceptin f thse wh are seeking redeplyment fr medical reasns r due t disability) have cmpleted ne year s service with the University. This will include Assciate Tutrs and ther staff cntracted t wrk n a variable hurs basis, but exclude casual staff, and references t members f staff r staff shall be interpreted accrdingly. This Prcedure will apply in the fllwing circumstances: Fr the purpses f aviding redundancy (whether the member f staff is emplyed n an indefinite r fixed-term basis); Where a fixed term cntract is due t expire fr sme ther substantial reasn; Where a member f staff is medically unfit t cntinue in their current rle and all reasnable adjustments t the current rle have been exhausted; Fr reasns f capability in circumstances ther than ill health; On an exceptinal basis, and with apprval frm the Directr f Human Resurces r his/her nminee, anther substantial reasn that puts a member f staff s emplyment at risk (e.g. where an emplyment relatinship in a particular unit has irretrievably brken dwn) This Prcedure will nt apply in the fllwing circumstances: Where a member f staff s emplyment has already ended; Where a member f staff wishes t seek a new jb and change f career and their emplyment at the University is nt at risk; Human Resurces/February

14 Where a member f staff s prbatinary perid has nt been cnfirmed at the end f the prbatinary perid. 3. Suitable Alternative Emplyment 3.1. Fr a redeplyment pprtunity t be cnsidered suitable alternative emplyment a member f staff must either meet the essential criteria fr the jb, r be able t d s with a reasnable amunt f training. It is fr the recruiting manager t decide, in cnjunctin with HR, whether the requirements f the pst culd be met by reasnable training. If there is mre than ne member f staff seeking redeplyment wh meets the essential criteria fr the pst, it will be ffered t the member f staff wh is cnsidered mst suitable fllwing the recruitment prcess; and 3.2. Fr a redeplyment t be cnsidered suitable alternative emplyment it will nrmally be at the same grade and n the same terms and cnditins as the member f staff s current pst. Hwever, a member f staff may be vluntarily redeplyed t a pst that differs frm their current pst in these respects if they s wish (fllwing the recruitment prcess); and, in the case f redeplyment n medical grunds under the Sickness Absence and Medical Incapacity Prcedure, if the medical advice supprts and/r recmmends such a change. 4. Pririties fr Redeplyment 4.1. A member f staff wh becmes at risk f dismissal fr redundancy during a perid f maternity leave, adptin leave r additinal paternity leave will be entitled t redeplyment int a suitable pst as a matter f pririty ver any ther ptential candidates seeking redeplyment A member f staff wh is cnsidered by the University t be "disabled" within the meaning f that term under the Equality Act 2010 and is at risk f dismissal n medical grunds will be entitled t redeplyment int a suitable alternative pst as a matter f pririty ver ther ptential candidates seeking redeplyment, with the exceptin f thse referred t in paragraph 4.1 abve. PART TWO - REDEPLOYMENT PROCEDURE 5. Redeplyment Perid 5.1. Redeplyment shall be sught fr a specified perid, defined as the Redeplyment Perid. The length f the Redeplyment Perid will be dependent n individual circumstances. In situatins where the expiry date f a fixed-term cntract is knwn, r ntice f terminatin f emplyment has already been given, the Redeplyment Perid will end at the same time as the terminatin f the cntract r the expiry f the ntice perid. In ther situatins, it will be fr the Directr f Human Resurces r his/her nminee t determine that a reasnable perid fr seeking suitable alternative emplyment has been exhausted. The member f staff will remain n their riginal terms and cnditins thrughut the Redeplyment Perid. 6. Redeplyment within a Schl r Divisin 6.1. Respnsibility fr redeplyment lies, initially, with the Head f Schl r Prfessinal Services Directr fr the Schl r Divisin in which the member f staff is lcated. HR will nrmally prvide advice in this respect. Every reasnable effrt shuld be made within the relevant Schl r Divisin t find a suitable alternative psitin fr the member f staff, unless there are bjective reasns why redeplyment within the Schl r Divisin is nt apprpriate (e.g. where there are n vacancies r the member f staff des nt meet the essential criteria fr a vacancy, r culd nt d s with a reasnable amunt f training) If suitable alternative emplyment is identified within the Schl r Divisin, the vacancy must first be authrised thrugh the nrmal University apprvals prcess. Thereafter the member f staff Human Resurces/February

15 shuld be interviewed fr the pst, alngside any ther suitably qualified members f staff seeking redeplyment, if applicable If it appears likely that n suitable alternative emplyment can be fund within the Schl r Divisin, and the individual wishes t cnsider redeplyment t rles utside f their Schl r Divisin, then redeplyment within the wider University shuld be sught as per paragraphs 7.1 t 7.4 belw. 7. Redeplyment within the wider University 7.1. If the member f staff wishes t cnsider redeplyment within the wider University, they will be invited t cmplete a Redeplyment Frm (including details f their skills and specifying the categries and types f jbs they wuld wish t be cnsidered fr) and send it t the HR Department tgether with a current CV. Written guidance n cmpleting a CV will be available fr staff. Where a member f staff is seeking redeplyment n medical grunds, advice frm Occupatinal Health n the type f wrk that wuld ptentially be suitable will als be required Details f the member f staff s current rle and the type f redeplyment pprtunities they wuld cnsider will be entered nt the HR Redeplyment Register HR will supprt a member f staff in trying t secure redeplyment and the member f staff will be expected t actively participate in this prcess by, fr example: Making cntact with their HR Adviser n a regular basis t discuss vacancies and assess their suitability fr any new vacancies that may have arisen; Respnding prmptly t the HR Adviser t cnfirm whether r nt they are interested in any vacancies suggested t them as ptential redeplyment pprtunities prir t advertisement; Searching fr suitable vacancies n the University's web pages; Making every reasnable effrt t c-perate in any assessment and interview prcesses in which the University requests they participate; Taking respnsibility n an n-ging basis fr keeping their skills up-t-date using the resurces available frm the Dctral Schl, ITS, TLDU and/r Staff Develpment, as applicable and as agreed by their manager The member f staff will be granted reasnable paid time ff fr the purpses f attending interviews, whether internal r external, and fr apprpriate training thrughut the Redeplyment Perid. 8. Identifying Redeplyment Opprtunities 8.1. Nrmally, prir t advertising a vacancy, the apprpriate representative frm HR will ascertain whether the pst culd be cnsidered suitable alternative emplyment fr any members f staff n the Redeplyment Register. In cases f redeplyment n medical grunds, the jb descriptin and persn specificatin fr the pst will be sent t Occupatinal Health t cnfirm that the pst is ptentially suitable in terms f the member f staff s medical cnditin. If there is a ptential match: The HR Adviser will infrm the member f staff and prvide details f the vacancy; The member r staff must reply as sn as reasnably practicable (but in any event within seven days) t cnfirm whether r nt they are interested in the rle; Human Resurces/February

16 If the member f staff wishes t be cnsidered fr the rle, and is judged by the recruiting manager t meet the essential requirements f the persn specificatin fr the pst (r culd d s with a reasnable amunt f training) they will nrmally be ffered an interview prir t any ther candidates; An HR representative will nrmally attend the interview t assist in assessing suitability Where a member f staff identifies as a ptential redeplyment pprtunity a vacancy that is already being advertised externally, they shuld infrm their HR Adviser f their interest s that, subject t the recruiting manager being satisfied that the member f staff meets the essential selectin criteria (r culd d s with reasnable training), as detailed in the persn specificatin, they can be shrtlisted fr an interview alng with the ther applicants If it is the recruiting manager s cnsidered view that the member f staff des nt meet the essential criteria fr the pst (r culd nt d s with a reasnable amunt f training) they will nrmally discuss their reasns with the relevant HR Adviser befre the member f staff is infrmed that they will nt be invited t an interview. Written feedback will be prvided t the member f staff n request If a member f staff is nt ffered an interview fr a pst prir t that pst being advertised, this des nt preclude them frm applying fr that pst, r any ther pst, thrugh the nrmal recruitment prcesses in cmpetitin with ther applicants Schls r Divisins underging a restructure under a Prpsal fr Organisatinal Change may be required by the University t ring-fence new r replacement psts fr staff in their wn Schl r Divisin wh are at risk f redundancy and, in thse circumstances, will be advised by HR that they are nt expected t give prir cnsideratin t members f staff frm ther Schls r Divisins (see paragraph 16.2 belw). 9. Offers fr New Psts 9.1. All ffers f emplyment made, as a result f this Prcedure, will be made in writing and subject t any emplyment checks identified as required. Offers will be made befre the member f staff s perid f ntice expires r their existing cntract cmes t an end. The new pst will start n a mutually agreed date between the member f staff and the appinting and current manager Subject t paragraph 11.4, a member f staff wh is redeplyed as a result f being at risk f, r selected fr, dismissal n the grunds f redundancy is nt entitled t a redundancy payment if he r she is ffered and accepts suitable alternative emplyment, where: the ffer f the new pst is made befre the ending f the current emplyment; and the emplyment in the new pst will begin n later than fur weeks after the terminatin f the current emplyment f the current emplyment cntract In cases where there is a gap between the psts, r there is a temprary cessatin f wrk (e.g. fr teaching-nly staff, during vacatin perids and assessment perids where there is n teaching), this gap will be excluded and cntinuity f service will be maintained prvided the new pst cmmences within fur weeks f the end f the previus pst r within fur weeks f the end f the perid f temprary cessatin f wrk. During the gap between the psts and/r the temprary cessatin f wrk the member f staff will nrmally be n a perid f unpaid leave Where a member f staff seeking t be redeplyed is put frward fr prir cnsideratin and/r an interview fr a pst that is cnsidered suitable alternative emplyment and then unreasnably refuses a subsequent ffer f interview r emplyment, either at the pint the ffer is made r Human Resurces/February

17 during r at the end f any trial perid, the University reserves the right t prceed t dismissal in accrdance with the relevant emplyment prcedure and any entitlement t the prvisins f redundancy (if applicable) may be frfeited. 10. Unsuccessful applicatins Where, fllwing an interview under this Prcedure, a member f staff is nt cnsidered suitable fr the pst and they wish t receive feedback as t why this was the case, this infrmatin will be prvided t the member f staff at a meeting, nrmally with the Chair f the interview panel and the HR Adviser. Fllwing the meeting, the member f staff may als receive written feedback n request. 11. Trial Perid Staff wh are redeplyed as a result f being at risk f, r selected fr, dismissal n the grunds f redundancy have a statutry right t a trial perid f fur weeks. Staff wh are redeplyed n medical advice and/r as a result f the Sickness Absence and Medical Incapacity Prcedure, will be given a trial perid within the new rle, nrmally f tw mnths Where a trial perid is agreed the fllwing shuld take place: The line manager shuld clearly set ut the respnsibilities f the pst and standards f wrk perfrmance required. This shuld be reinfrced thrugh apprpriate inductin, reasnable training where s identified and regular feedback in rder t supprt the member f staff; The trial perid can be extended by mutual agreement fr retraining purpses, after prir cnsultatin with HR. The extensin shuld be dcumented specifying the revised end date; Where the trial perid is successful and the appintment is cnfirmed the Redeplyment Perid will cme t an end. The new pst will becme the member f staff s substantive pst and they will n lnger be entitled t a redundancy payment in respect f that particular redundancy situatin If the trial perid is nt successful because either: (i) the University chses t end the new cntract within the fur week trial perid fr a reasn cnnected t the new jb (e.g. because the University can demnstrate that the member f staff is nt capable f carrying ut the duties f the new pst); r (ii) the member f staff decides nt t cntinue in the pst fr a reasn cnnected t the new jb; then the member f staff will still be entitled t receive a redundancy payment. The last day f emplyment will be the last day f the trial perid r anther mutually agreed date Neither the University nr the member f staff has t give the nrmal cntractual ntice t terminate the emplyment during the trial perid. Where the trial perid takes place after the end f the expiry f the ntice perid related t the previus cntract f emplyment, either the University r the member f staff may terminate the trial perid at any time as described in paragraph 11.4 and fr the purpses f calculating any applicable statutry redundancy payment, the member f staff will be treated as having been dismissed when the ntice perid relating t the previus cntract expired. If the trial perid is terminated befre the expiry f the perid f ntice relating t the previus cntract f emplyment, then the member f staff's emplyment in the previus pst will be treated as terminating n the expiry f the ntice perid. Human Resurces/February

18 12. Terms f new pst Any ffers f redeplyment will be made n the terms attached t the pst n ffer. In the case f redeplyment under the Sickness Absence and Medical Incapacity Prcedure, the member f staff will cntinue t receive his/her previus salary fr a perid f three mnths (cmmencing at the start f the trial perid). In the case f redeplyment as an alternative t redundancy under a Prpsal fr Organisatinal Change, the University s Pay Adjustment Plicy will apply. The Pay Adjustment Plicy will nt apply where a member f staff accepts a lwer graded jb ver a jb ffered t them at their current grade. PART THREE - RELATED MATTERS 13. Temprary Redeplyment In exceptinal circumstances (fr example in disciplinary r grievance cases where an investigatin is being cnducted, r where a member f staff is unable t carry ut their substantive rle, n medical grunds, fr a limited perid f time), it may be necessary t redeply a member f staff t a pst n a temprary basis. The duratin f a temprary redeplyment will nt nrmally exceed six mnths. In such cases, staff shall be expected, thrugh discussin and agreement, t be flexible regarding their wrking arrangements, taking int accunt their persnal circumstances and cmmitments. 14. Dismissal and Links t ther Emplyment Prcedures This Prcedure is designed t perate alngside the University s ther emplyment prcedures, nrmally the Redundancy Prcedure, the Sickness Absence and Medical Incapacity Prcedure, the Sme Other Substantial Reasn and Statutry Bar Prcedure, and the Capability Prcedure Redeplyment may be cnsidered in cases where a grievance has been raised r an allegatin f harassment/bullying has been made, r a disciplinary investigatin has been cnducted and it has been fund that the individuals invlved shuld n lnger wrk tgether. The decisin as t wh may be redeplyed will depend n the circumstances f the case fllwing an investigatin which recmmends redeplyment. Redeplyment may als be cnsidered in ther exceptinal circumstances where it is clear, fllwing an investigatin under the Disciplinary r Grievance Prcedures, that a wrking relatinship has irretrievably brken dwn. In these instances, this Prcedure may perate alngside the University s Staff Disciplinary r Grievance Prcedures This Prcedure is nt intended t replace the University s ther emplyment prcedures listed abve, nr des it affect the right f a member f staff t appeal under thse prcedures Where a member f staff s emplyment is at risk and it is nt pssible t secure alternative emplyment fr a member f staff under this Prcedure, their emplyment will terminate under the relevant emplyment prcedure referred t abve, subject t due prcess. The prvisins f the relevant emplyment prcedure r any cntractual ntice perid may run cncurrently with the Redeplyment Perid. 15. Appeals There is n right f appeal under the Redeplyment Prcedure. Hwever, an appeal against dismissal may be made under the relevant emplyment prcedure listed abve, and a failure t be redeplyed culd cnstitute grunds fr such an appeal. 16. Enhanced Redeplyment Measures in Cases f a Prpsal fr Organisatinal Change Where a ptential redundancy situatin has arisen in the cntext f a Prpsal fr Organisatinal Change, the Vice-Chancellr s Executive Grup may apprve enhanced redeplyment measures Human Resurces/February