Manager's Guide to Redundancy Consultation and Management Process

This is a brief summary of the actions PIs are expected to take in managing the redundancy consultation and selection processes necessary when cessation of fixed term funding and/or contracts creates the potential for redundancies.

There are 4 broad phases of activity:

• Preparation - to consider the funding and the pool
• Consultation - to avoid, reduce or mitigate the need for redundancies
• Selection - to develop criteria and gather evidence to decide who should stay/go
• Dismissal and Appeals - notice of dismissal and scope to appeal the decision

Preparation

9 months before an individual’s funding and/or contract expires, PIs will receive an email advising them of staff potentially at risk of redundancy.  This will identify the highlighted member(s) of staff initially associated with the specific impending cessation of funding and/or contract.  However, the pool to be consulted may be wider than these individuals.  Colleges and Schools/RI's/Services may wish to take an overview to compensate for the funding-led nature of this process potentially constraining consideration at the PI level.

At this stage PIs need to consider:

• Whether continuation of the funding or role is pertinent and tenable
• Any action needed to secure new funding and when this will be finalised
• Whether the funding will be used to continue the role as before or whether different activities/roles are more appropriate
• If the redundancy pool is limited to the individual(s) initially associated with the specific impending cessation of funding and/or contract
• Or if the pool should be wider as other staff perform the same or similar work or have interchangeable jobs
• If the pool is wider than one person, which other staff may be affected in the business unit (be that the team, project, section, School/RI/Service, College or University-wide)
• If the pool may be wider, which other managers should be consulted to consider this (ie. Head of School/RI/Service, collaborators)
• If a pool is pertinent, what might be the relevant selection criteria and process (ie. interviews against job specs to decide who may stay or criteria to evaluate and decide who may go)
• Advise HR of who to consult if the pool is wider than the individual(s) initially associated with the specific impending cessation of funding and/or contract
• Informally forewarn affected staff if the pool is wider than the individual(s) initially associated with the specific impending cessation of funding and/or contract

Consultation

The consultation phase is expected to be open for 3 months and has to be completed before notice can be issued (also normally of up to 3 months’ duration too).  The consultation phase can be completed earlier than 3 months if it is clear that all means to avoid, reduce or mitigate have been explored and exhausted.  Whilst HR initiates the formal trade union consultation centrally for all affected posts, managers will be expected to consult with trade union representatives on local issues as necessary.

At this stage PIs will be expected to:

• Consult the affected staff and the local trade union representative(s).  Both staff and unions will have been advised by email of the start of consultation at least 6 months prior to the impending funding and/or contract cessation.
• Include other managers if the pool is wider than the PI’s own team/project.
• Consider with them the scope and ways to avoid, reduce, or mitigate the potential redundancy
• Consider with them the voluntary means to support such outcomes (ie. is there a voluntary retirement/severance scheme, do staff wish to volunteer to go with statutory redundancy pay alone, do staff wish to access their pension early on a full or part basis)
• Consider with them the scope for redeployment (via JSR or other known job opportunities)
• Meet the staff [and the local trade union representative(s)], seek their views, reflect and respond to them
• Conclude the consultation when all means to avoid, reduce or mitigate have been explored and exhausted.  Where possible seek staff and union agreement to this.
• Where new funding is secured and removes the need for redundancy, similarly conclude the consultation once this position is formalised and finalised.

Selection

At this stage PIs will be expected to:

• Develop proposals for the selection criteria and process, and consult relevant managers for input.
• Consult the affected staff and the local trade union representative(s) on the proposed selection criteria and process, amending as necessary following their input
• Conduct the selection process (ie. hold interviews or gather written evidence to be evaluated against the selection criteria, make an assessment of who is provisionally identified for redundancy, and ensure the evidence and rationales sufficiently support the decision)
• Write to staff advising them of the outcomes and the rationales for the decision
• Meet the staff [and the local trade union representative(s)] to discuss the proposed outcomes and let them challenge the decision or provide clarification or supplementary information to ensure a sound decision has been attained.
• Notify HR of the staff to be issued with notice of redundancy

Dismissal & Appeals

3 months before an individual’s funding and/or contract expires (or on a later date depending on notice period due) notice will be issued and appeals will be conducted as appropriate.