LTC Redundancy agreement
This Limited Term Contract (LTC) Redundancy Agreement has been agreed by both management and Trade Union Sides of the JNCC. 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 Research Council Guidance for Ending Fixed-Term Appointments will apply (see appendix A14.2).
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.
2.2.2 Throughout this Agreement, specific references to BBSRC Office means the People and Development Group (P&DG) unless otherwise stated. JSS is the Joint Superannuation Services. 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.
4.1 Establishment management must make it clear that formal consultation is commencing.
4.2 The following actions are required:
- 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 Director 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 Director 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)
- 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
The following actions are required:
- A reasonable period before a limited-term appointment is due to end the individual(s) will be reminded in writing of the potential end date.
- In advance of the end of the LTC a meeting should take place with the individual at which they will be reminded that the contract is due to end on the given date and the likelihood of the contract being renewed or extended. If the existing contract cannot be renewed or extended, the individual will be notified of this and any suitable alternative positions discussed. This meeting should be followed up by a letter which confirms that the LTC will end on the given date.
- Any suitable alternative work should be considered and offered to the employee before the end of the employee’s current employment.
- Approximately one month before the scheduled end of a LTC, the individual will receive written confirmation of the expiry of the term, including information on any entitlement to redundancy pay (see below) and the right to appeal against the ending of their appointment. There is normally no notice period if employment is expected to end on the date specified in the contract.
- If the individual has two years’ current reckonable service they will be entitled to a redundancy payment if the reason for non-renewal or extension of the current contract is redundancy. Whenever a redundancy payment is made, the employee must be given a written statement showing how the payment has been calculated.
6.1 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
An employee under threat of redundancy may be offered suitable alternative work. 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. 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 29/01/16
Amendment 189 - January 2016