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Redundancy Situation - Teachers in Higher Education

 

Redundancy Situation - Teachers in Higher Education pdf(84 kb)

 

 

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1. Introduction

2. Compulsory Redundancy

3. Protection of Notice Clause

 

 

1. Introduction

1.1 It is recognised that whenever possible redundancy should be anticipated with a view to providing the best opportunity for both the university to act as a good employer and the employee to take any actions open to him/her to offset its potentially deleterious effects. Early warnings will arise from carefully monitoring actual staffing levels throughout the institution against planning assumptions and other relevant external benchmarks, such as systems norms for institutions undertaking the same range and levels of work. If it becomes clear from such monitoring that there is a problem in any part of De Montfort University the recognised unions will be immediately informed.

1.2 The university management wish to be as supportive as possible to staff under the threat of redundancy, within the limits of the service, and will be prepared to give careful consideration to the full range of strategies available to them to avoid either a redundancy outcome or alleviate its effect. This will include the consideration of recruitment policies, voluntary severance encouragement, retraining and redeployment opportunities, employment patterns (pro-rata, part-time, job-share) and time-off.

1.3 The university recognises that, as the nature of the service changes over time, there is a need to ensure that staff are informed of the implications of change and of the action the university management propose should be taken to deal with those implications.

1.4 Should a redundancy situation arise both the recognised Unions and then the
individuals likely to be affected will be informed at the earliest practicable opportunity.

1.5 Once notification is given consultation will take place with the Regional Official (or appropriate official where a union does not have a full-time regional official) and local officers of the recognised Trade Union(s) affected. The employer will inform the Union of the reasons for the proposals and the number and descriptions of employees they affect. Subsequently, each employee concerned will be consulted individually. The method of individual consultation will be discussed in advance with the trade union in the initial consultations.

1.6 The consultation with the recognised Unions will consider the methods of selection and the question of possible re-training and redeployment, as well as the criteria for considering applicants for early retirement or voluntary redundancy.

1.7 In dealing with need to reduce staff, applications may be considered from staff wishing to volunteer for redundancy subject to them meeting the criteria applied to those to be declared compulsorily redundant.

1.8 The procedures to be followed will be in line with the appropriate statutory provisions and the university‟s policies, including:

These policies are not incorporated into employees‟ contracts of employment and may be amended by the university from time to time.

 

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2. Compulsory Redundancy

2.1 Where an employee is made compulsorily redundant and the employee is entitled to a redundancy payment, 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.

2.2 An individual being declared compulsorily redundant will have the right to appeal in accordance with the appropriate section of the Articles of Government.

 

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3. Protection of Notice Clause

3.1 The National Agreement 1990/91, clause 4 on page 5 states that where it was part of an individual‟s existing contract of employment prior to incorporation on 1 April 1989 “that the individual is entitled to one year‟s notice in the eventuality of redundancy under the Terms of Appendix II of the „Conditions of Service for Lecturers in Further Education‟ then that entitlement will remain in force notwithstanding the fact that the individual has transferred to the agreed Contract of Employment under the provision of Phase Two of this Agreement”.

3.2 This Clause applied to all permanent Full-Time Lecturing staff and others on Pro-Rata Contracts in excess of 40% Pro-Rata who were employed by Leicester Polytechnic prior to April 1 1989 when it was part of Leicestershire County Council, and whose employment with Leicester Polytechnic has been continuous. These conditions may be varied by mutual agreement.

 
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