Redundancy Protocol for Cases of Urgent Action -

Withdrawal of a Module at Short-notice

1.    Introduction

The College will follow the main redundancy policy and process in all cases where it is practicable to do so.  However, cases will inevitably arise where urgent action is required and in such circumstances the chain of authorisation and action needs to be as close to the area of the potential redundancy as possible to enable appropriately swift and considered resolution.

Whilst the College strives to schedule realistic provision in its offering of certificate, short courses and elective modules; unanticipated falls in student demand and enrolment may necessitate the withdrawal of some modules, often at very short notice.  Such fluctuations in course delivery and the consequent availability of work, will have most impact on the Teaching staff group, whose core role it is to deliver this teaching.  The College will make every effort to redeploy or find alternative work for those Teaching staff affected by such withdrawals but where this is not possible, this protocol ensures fair and equitable practice.

In cases of potential redundancy requiring urgent action as a result of the withdrawal of a module at short-notice, the College will consult with employees and unions.

Where the viability of any programme of study is determined, in part, by the number of student enrolments, this will have been made plain in advance to those tasked with its teaching and development.

This protocol applies to Teaching staff whose employment is at risk of redundancy as a result of the withdrawal of a module at short-notice.  It should be read in conjunction with the main Redundancy Policy.

2    Process

Prior to any decision to withdraw a module as a result of insufficient student numbers (as per School and College policy), those tasked with its teaching will be informed, in writing, at least two weeks before the scheduled teaching start date, of the possible need to withdraw the module.

In such cases the Assistant School Manager (supported by HR as needed) will identify the potential impact of the potential withdrawal on those tasked with its teaching and/or development, including consideration of:

• The potential amount of reduction in working time per individual – identification of where this would be accommodated within the 33.3% variability in hours clause of any Teaching staff potentially affected.
• Redeployment options – identification of alternative work for Teaching staff potentially affected (in consultation with appropriate Research & Teaching colleagues).

The decision to withdraw any module as a result of insufficient student enrolments will be sanctioned by the Assistant School Manager and Assistant Dean (or Research & Teaching nominee).  Where the withdrawal could result in redundancies, the Assistant School Manager and Assistant Dean will submit a case to Human Resources confirming the reason for the decision and identifying those employees at risk.

The Assistant School Manager will write to the Teaching staff affected (i.e. those engaged to undertake the teaching) to notify them of the withdrawal of the module and to inform them that they are at risk of redundancy.  The letter will also request their attendance to discuss the situation at a meeting with the Assistant Dean (or nominee).  The employee will be informed of their right to be accompanied to this meeting.

Human Resources will maintain a register of all employees at risk of redundancy. Where it is established that potentially 20 or more Teaching staff could be redundant within any 90 day period, collective consultation will be initiated with the appropriate trade union representatives.

3     Individual Consultation

Where it is confirmed that 19 or fewer Teaching staff could be redundant, consultation will take place exclusively on an individual basis.  Where 20 or more Teaching staff could be redundant, individual consultation will take place concurrently with any collective process (see section 4).

The Assistant School Manager will request that employee(s) at risk of redundancy attend a meeting with the Assistant Dean (or nominee) to discuss the situation.  At the meeting the individual may put forward suggestions for the avoidance of the redundancy.

The meeting and ongoing consultation will include looking at the options available to the individual, such as applying for redeployment, and considering any training or development that may be appropriate.  The College’s aim is to avoid redundancies by offering alternative employment where possible and wherever practicable.  Reference, as appropriate, will be made to the main College Redundancy policy at Section 7 ‘Redeployment and Facilities for Redundant Employees’.

4    Collective Consultation

Where it is established that 20 or more Teaching staff could be redundant in any 90 day period, collective consultation will be initiated. 

HR will confirm to the Executive Deans (of any Schools where potential redundancies exist) and to the appropriate trade union representative the need to convene a redundancy consultation panel. 

The College will write to employees at risk of redundancy to inform them of the collective consultative process.

The redundancy consultation panel will comprise the Executive Dean(s) of any School where potential redundancies exist, the Director of Human Resources, the appropriate trade union representative(s) and be chaired by the Vice Master (in the role of nominee of the Chair of the HR Strategy & Policy Committee).

Information supplied to the panel will include:

• The reasons for the proposals and the individuals who are at risk of redundancy.
• The grades of those employees who could potentially be dismissed.
• The total number of Teaching staff by School and in total across the College.

The panel will consider how the effects of any potential dismissals can be mitigated.  Reference, as appropriate, will be made to the main College Redundancy policy at Section 2 ‘Alternative Action’ and Section 7 ‘Redeployment and Facilities for Redundant Employees’.

Collective consultation will be undertaken in parallel with individual consultation for the appropriate statutory duration (e.g. 30 days when between 20 and 99 Teaching staff could be redundant).

5.    Employee option to waive the right to continued consultation

Those employees notified as being at risk of redundancy may elect to waive their right to consultation by writing to this effect to Human Resources at any point during this process.

6    Decision making process

Where a selection process is required to determine those Teaching staff who are to be made compulsorily redundant, the criteria will be determined in consultation with the appropriate trade unions and could include consideration of work performance, existing skills or aptitudes, disciplinary record etc.  The actual criteria used, and the method of applying them, including consideration of the most appropriate parties to be involved in the selection process (e.g. an interview panel), will be appropriate to each situation.

After all attempts to avoid redundancy have been exhausted, the individual contracted to teach the module that has been withdrawn will normally be the employee selected for redundancy.

If at the conclusion of the consultation period it is not possible to redeploy the at risk employees to any suitable alternative work, the Chair of the redundancy consultation panel (in cases of collective consultation) or the appropriate Executive Dean (in cases exclusively covered by individual consultation) will sanction any decision to terminate employment by reason of redundancy.

The College will write to the employee(s) to give notice of redundancy.  This letter will confirm the effective date of termination, any payments to be made and the right of appeal (as per the procedure outlined within the main Redundancy policy).

Human Resources will submit a report on the numbers of employees dismissed via this protocol to the termly meeting of the Governors.

7.    Responsibilities

All those persons referred to within the scope of this protocol are required to adhere to its terms and conditions.  Individual managers are responsible for ensuring that this policy is applied within their own area.  Any queries on the application or interpretation of this protocol must be discussed with the Human Resources team prior to any action being taken.

The Director of Human Resources has responsibility for ensuring the maintenance, regular review and updating of this protocol.  Revisions, amendments or alterations to the protocol will be agreed in consultation, where applicable, with the trade unions and the appropriate HR Strategy and Policy Committee.