Voluntary redundancy process
The voluntary redundancy process applies an objective, fair and non-discriminatory approach to a workforce reduction.
It includes circumstances where there is a fair selection to voluntary redundancy to limit compulsory redundancies.
Managers will define the specific criteria required for the service area. It will release individuals to ensure limited disruption and to deliver future council priorities.
Principles
Our approach to voluntary redundancy selection will be:
- objective
- fair
- non-discriminatory
We will use a clear and consistent approach across all restructures for managers to follow.
Process
During the consultation process, we will give all employees a document outlining the restructuring plans. We will identify any disestablished roles.
In some situations management may decide not to invite voluntary redundancy applications. They may restrict it specifically to employees who are in a ring fence situation where there are more people than posts which may result in compulsory redundancies.
Under these circumstances, voluntary redundancy applications could reduce the number of people in the ring-fence or remove it. We will then assimilate employees without the need for a selection interview. It reduces the number of compulsory redundancies.
Managers will decide:
- whether to grant voluntary redundancy applications
- the timing of this during the organisational change process
Managers will make any employee volunteering for redundancy aware that there is no guarantee they will grant their application.
Our business needs will take priority. If we need specific skills or capability, an individual applying for voluntary redundancy may have that application declined.
Where voluntary redundancy is approved, the manager will agree to an end date with the employee. The employee must continue working until that date.
If we decide to grant voluntary redundancy applications, the consultation document will outline when we invite employees to complete an options form. They will express an interest in voluntary redundancy, and we will advise them of the process to follow.
Even if employees have volunteered for redundancy, the consultation and selection process will continue until management has agreed to accept volunteers.
HR will put together expressions of interest. They will calculate and provide a written redundancy estimate to employees.
Where required, we will give the employee estimates of pension calculations and a separate written response.
If the employee wishes us to consider them for voluntary redundancy, they must complete and return the employee confirmation of request form. We will provide an acknowledgement of receipt.
Managers must assess each application for voluntary redundancy.
We will not consider cost alone as criteria for voluntary redundancy. We will use the following criteria:
- how easy is it to replace the employee's specialist knowledge?
- would accepting a voluntary redundancy prevent a compulsory redundancy?
- the total redundancy cost and, if applicable, the pension cost
- in the event of employees being equal, we may use attendance records
The period we consider is the same as a selection interview for the same consultation. We will select the employee with the worst attendance record for voluntary redundancy.
If there are too many applications for voluntary redundancy, where the application of the criteria will not determine decisions, we will not grant requests. All employees will be subject to a selection interview to determine the outcome. It could occur where a large number of applicants have a very similar role.
We will use documented evidence to justify the decision reached for each voluntary redundancy application. This evidence will be based on fact and not opinion. Employees can request to view decision-making records.
At the end of the statutory consultation process, the manager will write to volunteers to approve or decline their voluntary redundancy application.
After an approved application, we will hold a dismissal meeting.
The purpose of a dismissal meeting is to confirm:
- the individual employee's voluntary redundancy
- that they will be made redundant after the expiry of their notice period
By law, a voluntary redundancy is still a dismissal because of redundancy, even though the agreement is between an employer and employee.
A dismissal conversation must take place to satisfy legal requirements.
In a voluntary redundancy situation, the employee can request that the conversation is via telephone.
If a suitable post becomes available before the termination date, we will offer it to the employee as suitable alternative employment. It must match their knowledge, skills and level of experience.
If an employee refuses to take up an offer of suitable alternative employment, they are not entitled to a redundancy payment. We must offer them the role before the end of their employment, and it must start within four weeks.
Appeals process – application for voluntary redundancy rejected
When we reject an employee's application for voluntary redundancy, the employee can appeal that decision.
The employee must appeal within five working days of being informed of the decision in writing. This right of appeal means that they cannot use a grievance. This replaces that right.
The employee must appeal, in writing, to the manager who informed them of the outcome basing it on the following grounds:
- there was a defect in the procedure, and we did not consider the application correctly
- we did not assess in line with the procedure
- we did not consider all relevant evidence
If the grounds for appeal are not one of the reasons listed above, it is invalid. We will not hear it.
We will invite the employee to attend a meeting to put forward their case with a manager who was not involved with the initial assessment. They will be of at least an equivalent level to the manager who considered the original request. There will also be an HR representative, where possible, at the meeting.
We will also invite the manager who undertook the original assessment to attend, but they may submit their response in writing.
The manager who considers the appeal will inform the employee of the outcome within seven working days of hearing the appeal.