Download Redundancy Policy Sept 2010 - Northumberland County Council

REDUNDANCY POLICY
Introduction
Northumberland County Council strives to be an employer of choice, and as such believes in taking
all reasonable steps to avoid redundancies.
However, it has to be accepted, that from time to time modernisation, service improvements,
reorganisations and financial considerations affect staffing levels or the need for particular types of
employees, and redundancies may become necessary.
Where this occurs, the County Council is committed to minimising the effect and to giving
reasonable support to those employees who are affected.
Application
The guidelines apply to all employees except those in schools with delegated budgets. For
employees in schools with delegated budgets, School Governing Bodies have been
recommended to adopt similar policies.
Consultation
The County Council believes in working positively with the recognised trade unions and professional
associations to resolve problems and to minimise the impact on employees. Therefore,
consultations, including those with individual employees, will be timely and meaningful, and all
positive suggestions will be given serious consideration.
Avoiding or Minimising Redundancy
The County Council will take all reasonable steps to avoid or minimise redundancies. The strategy
adopted may vary with each redundancy situation, but typically could include:
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redeployment and retraining procedures;
achieving the necessary reductions through natural wastage;
freezing recruitment, or only appointing temporary employees, or filling vacancies from
existing employees;
where there are justifiable and objective reasons, bringing temporary contracts to an end
(following a proper procedure to do so). Note: bringing temporary contracts to an end
solely because they are temporary may not be justifiable;
reviewing overtime working;
reviewing contracted-out work;
reducing hours of work of employees on variable hours contracts; or
seeking voluntary reductions in working hours.
Early planning is important in order to minimise the effects of redundancies.
Selection Criteria
Very often no active selection is required. Thus, the required reductions may be achieved by a
combination of the strategies outlined above, or alternatively redundancies may be required which
'select themselves' i.e. a particular post or group of posts is clearly identifiable and represents a fair
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and objective method of selection.
Where, however, some form of more active selection is required, the County Council is committed to
the method of selection being fair, non-discriminatory and objectively justifiable.
On each occasion it is important to ensure that a proper analysis of future staffing needs is carried
out, and that staffing reductions do not cause future imbalances. Maintaining a balanced and
effective workforce is a legitimate consideration for management.
Typical methods of selection will vary from situation to situation and could include selection on the
basis of several of the following:
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‘self selection’, i.e. certain posts are clearly identifiable as that particular work will cease;
volunteers;
relevant skills, experience, qualifications, or contribution (taking care to ensure no
unjustified age discrimination);
punctuality or attendance (using accurate data and taking care with disability related
absence, maternity absence etc);
costs;
other reputable, measurable and objective criteria such as measuring individuals against
the requirements of new job descriptions/person specifications in a re-structuring
exercise; and,
“last in first out”, having particular regard for equalities considerations. This is usually
used as secondary criteria i.e. when two or more employees rank equally.
The County Council reserves the right to choose a method of selection which is appropriate to the
particular redundancy situation and is committed to early consultation with the recognised trade
unions, professional associations and individual employees over the particular method of selection in
any redundancy situation. This may include undertaking interviews to decide who best meets the
criteria for particular jobs in any new or revised structure i.e. selection for redundancy will be the
person(s) who have not been selected for appointment.
The County Council will ensure that there is a co-ordinated approach to redeployment and
redundancy and related procedures. Employees at risk will be notified of vacancies arising and
every reasonable attempt will be made to secure alternative employment in accordance with the
County Council’s Alternative Employment Policy and related policies and procedures.
Hearings and Appeals
Having been advised informally of their selection, an employee selected for redundancy will be
invited to discuss the matter with the appropriate manager before the selection is confirmed in
writing.
An employee also has the right to appeal against selection for redundancy to the Head of Service or
one or more Nominated Officers of the Service concerned at the discretion of the Head of Service,
or where agreed by the Head of Transformation, by a Head of Service in a different service area.
Assistance to Employees
The County Council will give all reasonable help to employees made compulsorily redundant and this
may include:
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reasonable paid time off to look for other work;
reasonable retraining facilities to retrain for alternative work, if appropriate;
positive one to one support in dealing with the problems of redundancy;
information on current vacancies within the County Council;
redeployment and pay protection (subject to the terms of the scheme); and,
advice on redundancy and pension payments.
Termination Benefits
In the case of Local Government Employees, redundancy payments will be based on actual weekly
pay (rather than the statutory maximum).
The County Council’s policy on redundancy, severance and early retirement is reviewed annually,
and, for the avoidance of doubt is not contractual.
In the case of Firefighters, redundancy payments are limited to the statutory redundancy payment,
and a 30 week maximum payment. On Home Office advice, early pensions are not payable to Firefighters made redundant. Pension benefits would be frozen and payable at normal retirement age,
unless transferred to a pension scheme.
Re-employment
Where employees have been made redundant there is no general restriction on any future reemployment where such re-employment occurs at a later date and as a discreet event unconnected
with the redundancy, although in certain circumstances the return of pension and redundancy
payments is a legal requirement.
The County Council does not however approve of "deals" involving the redundancy/early retirement
and immediate re-employment of staff either on the payroll or via an agency/consultancy basis. If
there are any exceptional circumstances, which might appear to justify such arrangements, these
must be discussed and agreed in advance with the relevant Executive Director and HR.
Review
This policy will be subject to regular review.
© Northumberland County Council
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Revised December 2013