Section A14: Leaving us:

A14.11: Main page

LTC redundancy agreement (May 2005; Revised July 2011)

1. Introduction

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

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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:

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.

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3. Pre-redundancy measures

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.

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4. Flow-chart of the procedure

A flow-chart, setting out the procedures which are described are set out at appendix A14.11i

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5. Consultation with the NCC TUS

5.1 Establishment management must make it clear that formal consultation is commencing.

5.2 The following actions are required:

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6. Consultation with BBSRC Office

This LTC procedure does not normally require any input from BBSRC Office, but HRCSG may be consulted for advice and guidance.

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7. Consultation with the individual

The following actions are required:

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8. Counselling and advice (outplacement)

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.

8.2 All employees who are under threat of redundancy, and (where applicable) their partners, are entitled to outplacement training, which is coordinated by BBSRC Office. This comprises:

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9. Compensation

Employees on LTCs are only entitled to redundancy pay where they have 2 or more years service.

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10. Trial periods

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.

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11. Retraining

Head of HR and training officers should carefully consider retraining possibilities/options.

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12. BBSRC transfer terms

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 for details of transfer terms).

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13. Periods of notice

The following rules apply:

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Last updated 11/08/11
Amendment 132 - August 2011