Leaving the Company
You are not entitled to any notice if you are summarily dismissed for gross misconduct. In other cases, you are entitled to the notice as follows unless provided otherwise in your contract of employment:
1 month - 2 years continuous employment: 1 week;
2 years – 12 years continuous employment: 1 week for each year up to a max of 12 years;
12 years or more: 12 weeks
The Company reserves the right to pay you salary in lieu of notice.
If you wish to voluntarily terminate your employment you are required to give notice in writing, clearly setting out the reasons for your decision. This notice must be submitted to your Reporting Manager. Unless the period of notice is specified otherwise in your contract of employment, the period of notice required from you is one month.
Due to the nature of your position, the Company may at its absolute discretion require you not to perform certain or all duties after you have given notice of resignation. Also, you may be required to serve your notice at home, but at all times to remain available for work.
INDIVIDUAL REDUNDANCY POLICY
1. POLICY STATEMENT
1.1 It is our intention to manage our business in a manner which results in secure employment for our employees. We will always try to avoid the need for compulsory redundancies, but sometimes these may be necessary. The pattern or volume of our business or methods of working may change, and our requirements for employees in a particular position may cease or reduce, or are expected to cease or reduce.
1.2 Where we have been unable to avoid having to consider alternatives, we will try to minimise the effect of redundancies through the steps set out in this policy. In doing so we will not discriminate directly or indirectly against any employee on the grounds of gender, sexual orientation, marital or civil partner status, gender reassignment, race, colour, nationality, ethnic or national origin, religion or belief, disability or age.
1.3 This policy is intended for use in individual redundancy situations, and not in collective redundancy situations.
1.4 This policy will be reviewed from time to time to ensure that it reflects our legal obligations and our organisational and business needs.
1.5 Whilst this policy is not contractual, and does not form part of any employee’s terms and conditions of employment, it should be followed wherever possible.
2. THE PURPOSE OF THE POLICY
The purpose of this policy is to ensure that, whenever reduction in employee numbers may become necessary:
(a) we communicate clearly with all affected employees and ensure that they are treated fairly;
(b) we try to find ways of avoiding compulsory redundancies wherever reasonably practicable;
(c) we consult with the employees and affected; and
(d) any selection for compulsory redundancy is undertaken fairly and reasonably.
3. AVOIDING COMPULSORY REDUNDANCIES
3.1 In the first instance we will consider any steps that might, depending on the circumstances, be taken to avoid the need for compulsory redundancies. Examples of such steps include:
(a) reviewing the use of agency staff, self-employed contractors and consultants;
(b) restricting recruitment in affected categories of employee and in those areas into which affected employees might be redeployed;
(c) reducing overtime where reasonably practicable ;
(d) freezing salaries for a specified period;
(e) considering the introduction of short-time working, job-sharing or other flexible working arrangements, where these are reasonably practicable.
(f) identifying suitable alternative work within the company and/or with any associated company that might be offered to potentially redundant employees;
(g) inviting applications for early retirement or voluntary redundancy. In all cases the acceptance of a volunteer for redundancy will be a matter of our discretion and we reserve the right not to offer voluntary redundancy terms or to refuse an application where it is not in the interests of our business to do so.
3.3 We will also keep in mind at all times our overall business requirements including the obligation to serve our customers.
4. MAKING COMPULSORY REDUNDANCIES
4.1 If there appears to be a situation which could lead to redundancy, then the company will consult with the potentially affected employees as soon as possible.
4.2 The consultation will commence with the company sharing its proposals with those employees together with the reasons for them. Wherever reasonably practicable, this should be done during a meeting at which the employee concerned is also given such proposals together with the reasons in writing.
4.3 The primary objectives of consultation are to:
(a) exchange and consider all views and opinions expressed,
(b) agree the process to be adopted as much as possible (including any pooling, selection criteria and assessment;
(c) identify and consider any suitable alternative employment (either within the company and/or within any associated company) which might be offered; and
(d) consider all representations made by an employee or on his/her behalf before a final decision is made.
4.4 The selection criteria used will vary depending on the circumstances. Examples could include:
(a) aptitude to the work concerned;
(b) skills and experience;
(c) standard of performance to date where this can be based upon objective supporting evidence;
(d) attendance (not including any absences for which there was statutory or contractual entitlement);
(e) disciplinary record;
(f) flexibility and adaptability.
4.5 All selection criteria adopted in any instance will be objectively considered as far as is reasonably practicable.
4.6 Any employee who believes that any selection criteria applied to him/her was unfair may ask for that application to be reviewed. All such requests must be made in writing (to the manager who decided that application) within 48 hours of the outcome having been advised or confirmed in writing. The review outcome must also be advised or confirmed in writing as soon as possible after it is decided.
4.7 Where it is decided to adopt the proposals to make a specific position (or positions) redundant, then the employee(s) affected will be invited to attend a Final Consultation Meeting at, or following which, a decision will be made as to whether to terminate that employee’s employment by reason of redundancy.
4.8 In the event that it is then decided to terminate employment by reason of redundancy with or without notice, then that decision will be advised or confirmed in writing.
4.9 Such notice of termination of employment will be given in accordance with the employee’s contract of employment together with written confirmation of the payments to be made
4.10 If requested, we will continue to look for alternative employment for redundant employees, and inform them of any suitable vacancies within the company and/or within any associated company up to and including the date upon which their employment is due to end. The manner in which redundant employees will be invited to apply for, and be interviewed for, vacancies will depend on the circumstances existing at the time. Alternative employment offered on materially different terms and conditions will be subject to a statutory trial period of four weeks without prejudicing the employee’s entitlement to a redundancy payment id he/she or the company decide not to continue that period and notifies the other of that within those four weeks. In the absence of such notice, the employee’s employment will then continue according to the new terms and conditions without any payment being made or due in respect of the redundancy situation which will have then been superseded.
4.11 Employees who have been given notice of redundancy will be entitled to take a reasonable amount of paid time off work to look for alternative employment or to arrange training for future employment by prior agreement with their manager (who will be expected to agree to all requests for such time off work wherever reasonably practicable).
5.1 There is a right of appeal against a decision to terminate employment by reason of employment. An employee who wishes to exercise this right must send written notice to the company’s Managing Director ensuring that it is received by him/her within ten working days from the date of the written notice of termination of employment.
5.2 The notice of appeal must set out all the grounds of appeal and the outcome sought.
5.3 Arrangements will then be made for an appeal hearing to be convened as soon as possible afterwards. Wherever reasonably practicable, the manager deciding the appeal hearing will be more senior in the company’s hierarchy to the manager who decided to issue notice of termination of employment by reason of redundancy.
5.4 The manager deciding an appeal will advise or confirm his decision in writing (together with the reasons) as soon as possible afterwards.
5.5 There is no further right of appeal.
5.6 For the avoidance of doubt, the dismissal of an employee by reason of redundancy shall remain in full force and effect unless and until any appeal is advised as successful.
6.1 The Grievance Procedure is not to be used for raising any issues of unfairness or irregularity in relation to the process or decision-making during a process carried out under this policy. All such issues should be raised:
(a) when asking for a review further to paragraph 4.6 above;
(b) during the consultation meetings; and/or
(c) by submitting an appeal (against a decision to terminate employment by reason of redundancy).
7. CONSULTATION MEETINGS & NOTES
7.1 Employees attending a consultation meeting may be accompanied by either a colleague then employed by the company or by a union official with whom they may liaise at the time. No other companion will be permitted.
7.2 Notes will be taken at all consultation meetings. A copy will be provided to the employee concerned in respect of his/her consultation meetings when requested by him/her. Whilst the employee and his/her companion are entitled to take their own written notes, no other form of recording the discussion will be permitted.
8. REDUNDANCY PAYMENT
8.1 Any employee whose employment is terminated by reason of redundancy will be paid a statutory redundancy payment in accordance with the law in force at the time.
8.2 Unless the employee’s contract of employment provides otherwise, there is no entitlement to an enhanced redundancy payment
9.1 This policy may be applied and suitably adapted in the case of a proposed business and/or staffing re-organisation notwithstanding that the situation concerned is, or may not, be a redundancy situation in law.
10. MONITORING AND REVIEW OF THE POLICY
10.1 This policy is reviewed frequently by the company’s Board of Directors.
10.2 It will be applied in accordance with the Equality Act 2010 and with all other relevant law in force at the time.
10.3 We will continue to review the effectiveness of this policy to ensure it is achieving its stated objectives.
The Company’s normal retirement age is 65. However, employees may continue in our employment having reached that age subject to our procedures, requirements and the relevant legal provisions in force at the time.
LEAVING WITHOUT WORKING NOTICE
If on leaving our employment for whatever reason, you fail to work your full contractual notice without our prior agreement, an amount equal to any loss suffered by the Company, and/or the additional cost of covering your duties for the period not worked will be deducted from any final monies due to you.
RETURN OF COMPANY EQUIPMENT/PROPERTY
You must return such Company property as may have been entrusted to you during your employment, on or before your official leaving date. In the case of summary dismissal such property must be returned immediately (Company property is defined as being documents, disks/data other records, equipment, stock etc.)