A14.11: Main page
LTC redundancy agreement (May 2005; Revised July 2011)
This Limited Term Contract (LTC) Redundancy Agreement has been agreed by both management and Trade Union Sides of the JNCC. The agreement applies to LTC holders appointed on or after 15 July 2004 or who have been designated as LTC holders following the review which took place in the latter part of 2004/05. A LTC will only be used where it meets the definition of a), b) or all of the criteria set out under c):
a) The appointment is part of an externally funded, peer reviewed fellowship
b) The appointment is part of a strategic longer and larger grant (LoLa) of up to 5 years in duration; funding typically supports research projects requiring longer timescales, extensive resources, or multidisciplinary approaches.
c) All of the following
- It is part of a limited-term grant, or specifically funded project of less than 4 years; and
- There is little or no expectation that the work will continue beyond the duration of this support; and
- The work requires specialist scientific skills or other skills and there is no expectation that these skills will be required beyond the life of the project. This will also apply to highly specialised or unique technical skills.
2. Definitions and explanations
2.1 In accordance with part 1, section 1.2 of the Fixed-term employees (Prevention of less favourable treatment) Regulations 2002, this procedure only applies to employees on limited term contracts where the contract terminates:
- on the expiry of a specific term
- on the completion of a particular task, or
- on the occurrence or non-occurrence of any other specific event
2.2 Where the redundancy occurs for any other reason the standard Redeployment and Redundancy Agreement and associated procedures will apply (see appendix A14.1).
2.2.1. In this agreement, "BBSRC employment area" means those employed on JNCC terms and conditions as set out in paragraph 6, Introduction to the Employment Code. The adjectives "local" and "central" are used to describe management and trade unions: "local" refers to establishment level; "central" refers to BBSRC Office or RESAS.
2.2.2 Throughout this Agreement, specific references to "BBSRC Office" means the Human Resources and Corporate Service Group (HRCSG) in BBSRC Office unless otherwise stated. "JSS" is the Joint Superannuation Services, "RESAS" is the Rural and Environment Science and Analytical Services of the Scottish Office and "SOPA" is the Scottish Office Pensions Agency. The NCC is the establishment's negotiation and consultative committee. The JNCC is the joint negotiating consultative committee.
It is legitimate, on an individual post basis, for establishments to consider the scope for redeployment (with or without retraining) as a pre-redundancy measure. This can take place at any time and may be prior to any formal consultation. Redeployments which result from this process do not have to be discussed formally with the NCC Trade Union Side (the TUS), but it may be appropriate to bring such matters to the NCC's attention.
A flow-chart, setting out the procedures which are described are set out at appendix A14.11i
- Establishment management reviews LTCs on a quarterly basis and identifies those which are coming to an end, or are expected to come to an end, during the following quarter
- The Head of Operations (or equivalent) provides the Chair of the NCC TUS with a list of posts and postholders and informs him/her that a formal redundancy situation exists. The Head of Operations will provide:
- the reason for the post loss(es)
- the name(s) and grade(s) of the post holder(s) affected
- the expected timescale for each redundancy
- Management's expectations of the possibility of redeployment
- The NCC TUS Chair is invited to comment and is allowed 10 working days for consultation with NCC TUS colleagues
- Establishment management undertakes agreed pre-redundancy measures see (Appendix A14:1, Redeployment and Redundancy Agreement)
- The NCC TUS Chair provides written comments; the need for a meeting is at the discretion of either party
- The Director of Operations considers the TUS comments and provides written feedback
- A call for volunteers will not normally take place as part of this procedure
- If applicable, and subject to any changes resulting from TUS inputs, Establishment management continues with or modifies the redundancy programme
This LTC procedure does not normally require any input from BBSRC Office, but HRCSG may be consulted for advice and guidance.
The following actions are required:
- The Director of Operations (or equivalent) will have an initial consultation meeting with each postholder, well in advance of the start of their contractual notice period
- The postholder is advised at this meeting that s/he is formally "at risk" of redundancy and is given written confirmation to this effect
- The postholder is allowed a minimum of 5 working days to consider their position and is then invited to a second consultation meeting
- At the first consultation meeting, the postholder is asked if s/he wishes to be considered for redeployment at the site and/or elsewhere in JNCC employment. However, s/he need not decide until the second meeting. S/he is also asked to consider any ways in which their redundancy might be avoided
- At the second consultation meeting, the postholder may make representations about their post loss (if they so wish) and is asked to indicate their wishes vis a vis redeployment
- The Director of Operations considers the postholder's representations and gives written feedback. This must be provided within a further 5 working days
- Where redeployment is sought within the site, a Redeployment Board will be set up. The Board will comprise 3 senior managers who are familiar with the work in question. Depending on suitability and the stage the recruitment process has already reached, the postholder can be:
a) redeployed to the post without competition
b) interviewed before other applicants and either redeployed or rejected
c) interviewed in competition; or
d) rejected without interview (clear reasons must be given)
- Assuming there are no immediate redeployment opportunities on site, formal notice of redundancy is issued. The postholder is given 5 working days in which to lodge an appeal to the Director, and a further 10 working days to construct their appeal, if applicable
- The Director considers the appeal and reaches a decision. The Director's decision is final. If the appeal is unsuccessful, the appointment can be terminated (assuming redeployment was requested) if there are no suitable vacancies available, none are expected to arise in the near future and the postholder is not currently under serious consideration for a vacancy on-site or elsewhere in JNCC employment. HRCSG should be consulted in cases of doubt or concern
- If the postholder has opted for redeployment elsewhere in JNCC employment, normal recruitment rules apply for shortlisting and selection, but the postholder will continue to be treated as an internal (JNCC) applicant if their application for the post pre-dates the termination of their employment
- If the postholder is redeployed, they will normally be given an indefinite contract, even where the redeployment is to another LTC (because of the 4 year rule) but HRCSG should be consulted in cases where there is doubt
8.1 The Head of HR will arrange counselling, training and other assistance to those facing redundancy. Where the recognised trade unions also provide outplacement services, these may be made available.
- job hunting and applications
- interviews skills
- starting a business
- investing a lump sum/living on reduced income
- stress management
- state benefits
Employees on LTCs are only entitled to redundancy pay where they have 2 or more years service.
An employee under threat of redundancy may be offered work which is subject to different terms and conditions, or is in a significantly different area of work than their existing job. This provision is offered on a (statutory) minimum trial period of 20 working days in the first instance (it may be extended subject to mutual local agreement). Individuals will not be deprived of their right to redundancy compensation should they or management decide that the post is unsuitable. BBSRC Office/RESAS should be consulted in all cases where it is thought that a trial period is necessary. Retraining will be offered where the job is different.
Trial periods will not normally be appropriate where the work is deemed by local management to be "suitable alternative employment". The individual has the right of appeal to the Director if they do not wish to accept redeployment on this basis.
Head of HR and training officers should carefully consider retraining possibilities/options.
Employees who are under threat of redundancy are eligible for compulsory transfer terms if they redeploy to a site which is not within daily travelling distance of their permanent residence (see section A11: Permanent change of location, travel and other allowances for details of transfer terms).
The following rules apply:
- recruited before 1st October 2002: 6 months formal notice of redundancy
- recruited after 1 October 2002: 3 months formal notice of redundancy
Last updated 11/08/11
Amendment 132 - August 2011