Restructuring Guidelines

Pre-January 2013

The following guidelines have been agreed by the Joint Unions Campus Committee (JUCC) and the Department of Human Resources to provide guidance in the management of major change which has the potential to impact on the employment of staff. If you need to use the processes outlined below please contact a member of the Department of Human Resources to discuss.

The aim of these guidelines is to ensure the provision of robust and transparent processes.

These guidelines normally apply to circumstances where major change impacting upon the contractual working arrangements of staff is to be implemented following a robust review process. Prior to the initiation of a review the University will consult with JUCC over the terms of reference for the review. In such circumstances an Equality Impact Assessment and Staff Wellbeing Risk Assessment for managing change will typically be undertaken during the review stage and reviewed thereafter, as described in section 1 of the below guidelines.

These guidelines are supported by and incorporate a number of existing relevant policies and procedures, including the redundancy and redeployment policies, and grade profiles information. Further information on these policies/profiles is available under the A-Z list, within the HR web pages at:

http://www.shef.ac.uk/hr/az

1. Where a potential outcome of an organisational review is for major change impacting upon the contractual working arrangements of staff, an Equality Impact Assessment and a Staff Wellbeing Risk Assessment will be undertaken to identify any action required. The outcomes of these will be reviewed as appropriate during the change programme to identify any further actions required.
2. The University will notify the recognised Trade Unions in good time of a situation in any section(s) of the University where there may be a threat to the employment of staff, including major change and restructurings, and/or where decisions are likely to lead to a substantial change in work organisation or contracts, including redundancies and TUPE. Consultation shall also include all matters covered by relevant legislation.
3. In circumstances set out in section 2, the University will ensure that the recognised Trade Unions will be provided with information in a timely manner and in appropriate detail to enable representatives to prepare and respond to the proposed change. This may include copies of business/strategic plans especially where sections of such have staffing implications.
4. The recognised trade unions will be provided with sufficient information which meets the requirements of existing legislation and which will make clear that the restructuring/changes proposed (as defined in section 2) are subject to meaningful consultation for which a reasonable time will be allowed. The sharing of information and subsequent consultation may occur through written notification and consultation/negotiation meetings to be held with the trade unions, and where appropriate this might include updates on specific actions relating to staff wellbeing or equality.
5. It is the aim of the University, as far as possible, to avoid compulsory redundancies. All appropriate steps will be taken to minimise the risk of compulsory redundancy.
6. Should this be a possibility within a particular area/department, a number of mechanisms will be considered, including the ring fencing of posts affected. Options of enhanced statutory redundancy packages to be offered in the first instance wherever possible. Other options, including early retirement, may also be considered.
7. The grading for posts will be determined by the agreed job evaluation framework. Any perceived incorrect grading of posts should be reviewed pursuant with existing procedures. There may be the opportunity to request a full job evaluation scoring of a post where the initial grade appears to be out of line with the requirements of the job summary.
8. Wherever possible within a restructuring process, the University will seek, in a timely manner, to confirm the security of employment for those not affected or only slightly affected by the proposal.
9. Where the proposed restructuring does not significantly affect an individual’s role/job summary, the need to instigate selection procedures to secure employment should be avoided. Where a post is significantly affected, the individual may be required to enter into a selection process as a fair means to secure alternative employment and avoid redundancy.
10. Wherever possible, staff will be allowed to express an interest in up to three posts on a suitable form. There will be an appropriate selection process where more than one members of staff meets the minimum criteria for a post.
11. The University will share with the recognised Trade Unions the proposed timescales throughout the process especially in relation to expression of interest, interview and decisions. Intervals of 2 weeks, 2 weeks and 1 week to be the normal expectation of minimum time allowance between each event.
12. Inclusion of trial period of redeployment option in line with other such policies as best practice.
13. Where redeployment is offered to avoid redundancy and that a member of staff’s current contractual pay level exceeds that for the new post, their level of pay shall be maintained and frozen at their current cash pay level, excluding any additional allowances, additional contractual earnings or contractual overtime, for 4 years or until the pay level for the new grade overtakes their cash pay level, whichever occurs sooner. This salary protection would normally only apply where the individual is redeployed to a post of the same grade or the grade below their post at risk of redundancy.
14. Principles of equal pay for work of equal value to be applied throughout.
15. Right of appeal and appeal process to be available to staff affected especially in relation to redundancy situations.

Should you have any queries with regard to any aspect of the above document or the related policies/procedures, please contact your customary S/HR Adviser.

October 2010