A14.4: Main page
Redundancy and Redeployment Committee
1.1 The Redundancy and Redeployment Committee is an independent advisory body comprising three members and providing advice directly to the Chief Executive (or Head of RESAS for cases involving employees at the MRPs operating BBSRC terms and conditions). Committee members cannot be existing employees of the BBSRC employment area. The current membership is listed at appendix A14.4i.
1.2 In redundancy situations not involving the termination of a Limited Term Contract (LTC), appeals against selection for redundancy and requests for redeployment are considered by the Redundancy and Redeployment Committee. Redundancies arising from the termination of an LTC are dealt with within establishments and there is no right of appeal to the Redundancy and Redeployment Committee.
- considers appeals against redundancy, under paragraph 5.4.6, appendix 14.1, of the Agreement and with reference to the committee's agreed Appeals procedure
- liaises with employees ‘at risk’ of redundancy who wish to remain within the BBSRC employment area and act as “champion” for these individuals when suitable redeployment opportunities arise on BBSRC terms and conditions
- considers replies from management, trade unions and the ‘at risk’ employees affected about redeployment initiatives
- considers retraining options for ‘at risk’ employees.
In line with paragraph 5.4.6, appendix 14.1, of the Redeployment and Redundancy Agreement), ‘at risk’ employees are asked if they wish to appeal against their redundancy to the Redundancy and Redeployment Committee. This is in addition to the possibility of seeking redeployment within any establishment operating BBSRC’s terms and conditions of employment. A current appeal against redundancy will not jeopardise any redeployment opportunities, which may arise while that appeal is being heard.
- An ‘at risk’ employee wishing to appeal indicates this on the Options form (RC5) (appendix A14.7) and forwards their appeal to the Redundancy and Redeployment Committee secretariat
- The Redundancy and Redeployment Committee secretariat receives and acknowledges the appeal
- The secretariat refers the appeal to the Director in question for advice, comment and briefing for the committee. It may also be referred to one or more BBSRC Office Group Directors, for comment and advice
- The Director completes and returns a submission form RC2 (appendix A14.5), to the secretariat within 10 working days along with any supporting papers and written comments on the appeal. The Director simultaneously copies this information to the appellant. Supplementary Information may be called for by the secretariat
- The appeal, supporting information and any further comments from the appellant is considered by the Redundancy and Redeployment Committee, on the basis of the written documentation and a hearing at which the appellant is normally expected to appear. If the appellant wishes to comment on the Director’s submissions (i.e. form RC2 - see appendix A14.5), and any other written inputs) s/he will have 10 working days to submit comments to the secretariat
- The committee arranges separate meetings with the appellant (who may be accompanied by a fellow employee or Trade Union representative) and with the institute Director, or her\his nominee(s). Both parties remain available after their meeting with the committee, in case there are supplementary questions
- The committee reserves the right to call upon professional or specialist advice and guidance, where appropriate
4.1 The committee considers the case fully, and on the basis of all the information available makes a recommendation to the Chief Executive (or Head of RESAS) as to whether or not the appeal should be upheld. When the Chief Executive (or Head of RESAS) has reached a final decision, the appellant is formally advised of the outcome of his\her appeal, and is given a summary of the committee's recommendation and rationale for its decision.
4.2 An appellant cannot have their appointment terminated until the appeal has been fully considered by the Redundancy and Redeployment Committee and a final decision made by the Chief Executive (or Head of RESAS).
4.3 Where an appeal is upheld by the Chief Executive (or Head of RERAS), the post is reinstated, or other appropriate measures taken, depending on the nature of the appeal and on the basis of a recommendation made by the Redundancy and Redeployment Committee. Where an appeal is turned down, the appellant can ask to be considered for redeployment.
4.4 If the Redundancy and Redeployment Committee supports an appeal and recommends reinstatement but this advice is not followed by the Chief Executive (or Head of RESAS) the appellant will be awarded a further compensation payment of £5K.
All ‘at risk’ employees with sufficient service have the right of appeal to an employment tribunal, if they believe that their selection for redundancy has been unfair or there has been a breach of contract.
‘At risk’ employees are asked if they wish to be considered for redeployment opportunities at any establishment to roles on BBSRC’s terms and conditions of employment (in accordance with paragraph 5.4.6, appendix 14.1, of the Redeployment and Redundancy Agreement). ‘At risk’ employees who ask to be so considered are known as a redeployant. Depending on the response, the following may then apply:
- the redeployant decides if they’d like to be considered for redeployment beyond their establishment and indicates this by completing and submitting the redundancy notice option form (RC5) (). A 40 day “action period” begins when this form is received, logged and acknowledged by the Redundancy and Redeployment Committee secretariat
- the redeployant is asked to tell the secretariat about any redeployment opportunities on BBSRC terms and conditions of employment within the establishment which s/he feels are being denied. The secretariat refers such cases to the Redundancy and Redeployment Committee for advice
- the secretariat alerts the redeployant to the BBSRC Job Shop for roles on BBSRC terms and conditions and asks them to copy the secretariat in on any applications s/he makes, either through the Job Shop or in response to trawls
- when a copy of the application is received, the secretariat contacts the establishment(s) in question and, on behalf of the Redundancy and Redeployment Committee, uses discretion (usually based on the stage of recruitment and the perceived suitability of the redeployant) to ensure that the redeployant is suitably considered. A Redundancy and Redeployment Committee nominee is asked to take part in any formal selection process and to report back to the secretariat. For guidance on this role, please see appendix A14.4ii
- the committee can intervene in any case which it feels needs special attention, including redeployment within an establishment to a role on BBSRC terms and conditions of employment
- the case remains “active” while the redeployant remains under notice of redundancy and for a minimum of 40 working days from acknowledgement of the RC5 ()
- the secretariat updates the Redundancy and Redeployment Committee regularly
- the secretariat informs the redeployant and their establishment HR Manager when the 40 day period ends
7. The committee’s role in the selection process for roles on BBSRC terms and conditions of employment
7.1 The committee asks the Director of the establishment that may receive the redeployant (the receiving establishment) to consider the redeployant for the post identified. Depending on the stage reached in recruitment and the extent to which, in the committee's judgement, the redeployant appears to meet the requirements of the post, the following options will be put to the Director:
- redeploy to the vacancy without competition
- interview the redeployant in advance of other internal/external applicants
- interview the redeployant with other (short-listed) applicants
7.2 If the Director is unwilling to comply with option (i) or (ii), their reasons are given in writing to the Redundancy and Redeployment Committee Chair. If s\he is unable to support the Director's views, the matter will be referred to the Chief Executive (or Head of RESAS), whose decision will be final.
7.3 No pressure is put on redeployants to attend interview for or accept a post that they are not interested in unless it is deemed to be (a) suitable alternative employment and (b) within reasonable daily travelling distance of their home. In these circumstances, refusal to redeploy could affect the individual’s redundancy entitlement.
7.4 If a redeployant is to be interviewed at the committee's request, a representative of the Redundancy and Redeployment Committee will take part in the interviews of the redeployant and any other applicants who are under consideration.
7.5 Subsequently, the committee may wish to discuss the case with the Director concerned, or their nominee(s), before reaching a final view. The committee's assessment will be conveyed to the Director and, where appropriate, the redeployant concerned. If the receiving Director contests the committee's assessment, the matter will be referred to the Chief Executive (or Head of RESAS) for a final decision, which will be conveyed to all the parties concerned.
7.6 At any stage in the process, the committee may wish to interview the redeployant (who will have the right to be accompanied by a trade union representative or work colleague), the sending / receiving Director or the appropriate Trade Union representative.
7.7 Having sought redeployment, an individual cannot have their appointment terminated for a minimum of 40 working days from the case first being logged with the secretariat. The committee will continue to consider redeployment options until the individual's last day of service.
7.8 If the Redundancy and Redeployment Committee supports a redeployment and recommends this to the Chief Executive (or Head of RESAS) , but this advice is not followed and no redeployment takes place, the redeployant will be awarded a compensation payment of £5K. This is in addition to any redundancy compensation payments s/he is to receive.
- intervening in redeployment cases within an establishment if an ‘at risk’ employee feels they have been unfairly treated in relation to a redeployment opportunity to a role on BBSRC terms and conditions
- monitoring progress with redeployment requests and, where necessary, intervening with management of the receiving establishment
- playing an active role in interviews/other selection processes where the ‘at risk’ employee is seen as a “good fit” for the vacancy, through the Redundancy and Redeployment Committee nominee process
- advising the Chief Executive (or Head of RERAS) on redeployment issues
- advising establishment management on related areas, such as trial periods, suitable alternative employment, overbearing etc
The following forms are used by the Redundancy and Redeployment Committee and its secretariat
- RC2 - post loss justification/response to an appeal (completed by management). See appendix A14.5.
- RC4 - initial post loss justification (completed by management). See appendix A14.6.
- Options form RC5 (completed by individual under notice of redundancy). See appendix A14.7.
Last updated 20/12/12
Amendment 149 -December 2012