FAQs

A compulsory redundancy is a potentially lawful dismissal where the employer has ceased or intends to cease to carry on the business for the purposes of which the employee was employed; or for employees to carry out work of a particular kind. It is defined in Section 139 of the Employment Rights Act 1996.

Unlike voluntary severance, which allows employees to choose to leave in exchange for a mutually agreed financial package, compulsory redundancy is imposed by the employer.

Compulsory redundancy is also not the same as dismissal for issues relating to capability or misconduct. These are governed by the University’s capability and disciplinary procedures respectively.

A useful guide to the law surrounding redundancy law can be found on the ACAS website. 

Formally speaking the employer will notify employees in writing that they are ‘at risk’ of redundancy. However prior to doing so, employers are legally required to collectively consult with UCU and other the recognised unions, if they are proposing to dismiss as redundant 20 or more employees within a period of 90 days or less.

The consultation period depends on the number staff potentially being dismissed. If it involves 100 or more employees then consultation must begin at least 45 days before any dismissals take effect. If 20–99 employees are involved then the consultation must start at least 30 days before.

UCU will inform members immediately if UoN notifies us of a proposal to make compulsory redundancies and thereby initiating a consultation period. Thus in practice, employees will have some notice that compulsory redundancies are possible before individuals are notified.

Shortly after or in parallel with the collective consultation the employer will identify pools of employees who do the work the employer is looking to cut. Once completed employees in this pool will be notified of being ‘at risk’ and invited to an individual consultation meeting.

1. Don’t panic. Being placed ‘at risk’ does not mean automatic dismissal. The pool of employees placed ‘at risk’ may be substantially higher than the number that the employer is looking to make redundant. In addition, the University must follow a process that includes individual consultation meetings where alternatives to redundancy are explored, including redeployment.

2. Contact the union. If you are concerned about being made redundant, you should contact your school/departmental UCU rep in the first instance. UCU members notified as being ‘at risk’ and invited to an individual consultation are entitled to be accompanied by a UCU representative. In such cases, members should request this via the UoN UCU branch web site using the ‘ask for caseworker support’ tab.

3. Review your rights. The University’s Redundancy Policy and Redeployment Guidance outline its obligations to consult with unions, provide redeployment options, and offer redundancy payments. These policies can be found here:

It is likely that HR will initially read from a script and include the rationale for the redundancy proposals; the reasons that the employee has been placed at risk; the timelines for future action and the right of appeal. It will be important to ask for and note the following information if it is not provided:

• Why is my role being made redundant? ie. why am I in this redundancy pool?
• What criteria are being used to select employees from the pool for redundancy?
• What alternatives to redundancy have been considered?
• Can I be redeployed elsewhere in the University?

This information may be useful to challenge the fairness of the redundancy if it is later confirmed.

If your role is identified as being at risk, you are eligible for redeployment within the University and you must register with the redeployment system (details are found in the Guidance for Employees at Risk of Redundancy) where you will be:

• given the opportunity to apply for such jobs prior to them being advertised more widely
•  be invited for interview in advance of any other candidates, if you meet the essential criteria for the role.
•  given a 4 week trial period where the terms and conditions differ from the original contract, which protects the right of a redundancy payment if the job proves to be unsuitable.
• Under some conditions, if the redeployment role has a lower salary there is a 4 year period of pay protection (according to the Protection of Earnings policy).

Employees who are in a redundancy protection period (those who are pregnant, are on or have been on maternity, shared maternity or adoption leave) have the right to be offered a suitable vacancy ahead of other staff who may be at risk. For more information please see this guide.

Once a pool has been established the employer will need to establish a method of selecting staff from that pool for redundancy and inform UCU of this process.

Employees selected from the pool for redundancy will then be given a notice of termination of contract by reason of redundancy. Employees may be invited to a second meeting to explain this decision. If the employer uses a scoring system to determine selection, then you are entitled to be given this score and a meaningful explanation as to how those scores were arrived at. Unfair selection for redundancy could lead to a claim for unfair dismissal to an employment tribunal.

If redundancy is confirmed, you should receive information about:

• The right to reasonable time off with pay during working hours to look for alternative work (for employees with at least 2 years’ service).
• The redundancy payment you should expect, if you have been employed for at least 2 years. This is based on your age, length of service and current salary. See the table at the end of the UoN redundancy scheme document for details. This is an enhanced scheme and provides 1.95 times the number of weeks’ pay that would be awarded under a statutory scheme.
• Any payment in lieu of notice if the employer is terminating your contract earlier than your contractual notice period.

Yes. If you believe the redundancy process was unfair, UCU can support you in challenging it both on appeal and potentially at an employment tribunal. Common grounds for challenge include:

• Failure to consider alternatives to redundancy including alternative suggestions/comments/solutions. 
• Failure to consult properly.
• Unfair selection criteria or application of such criteria.
• Discrimination based on protected characteristics (e.g., age, sex, race, disability, sexual orientation, religion or belief)

Whilst UCU is one of the unions that the employer must consult and will act in the best interests of all staff, we can only help you on an individual basis if you have been a member for >90 days. 

UCU will use the consultation process to ensure employers have legitimately explored all options to avoid compulsory redundancies.

UCU can ensure that any redundancies are carried out according to the law and, where not, collate evidence to help in legal challenges for unfair dismissal. 

UCU may also ballot members for industrial action to put pressure on employers to alter their plans. This can include actions short of a strike, strike action or marking and assessment boycotts.

You can learn more about how UCU fights redundancies here.

UCU is committed to protecting members facing redundancy. You can access support through:

• Your local UCU Branch: via your school/departmental representative or the branch e-mail.
• Legal support via the UCU legal service.
• Free initial financial consultation via Quilter financial advisors
• Counselling via UCU partner Education Support

For those members considering (early) retirement, you are advised to seek pension advice. For USS members this is here:

Yes. Part-time and fixed-term workers have the right to be treated no less favourably than comparable full-time or permanent colleagues. This includes being fairly considered during redundancy processes.

No. Employers are not allowed to select employees for redundancy based solely on their part-time or fixed-term status.

Redundancy rights apply only to individuals legally classified as ’employees’. Casual, seasonal, or hourly paid staff may not automatically be recognised as employees, which can affect their redundancy rights.

There is no single legal definition of ’employee’, but courts consider various factors to determine employment status. Employers cannot avoid responsibilities simply by labelling someone a casual worker or by using a contract for services.

UoN and campus unions have jointly agreed on the Principles for Casual Engagements. These principles help clarify when individuals should be classified as casual workers versus employees.

If the Principles are correctly followed, most casual workers currently engaged by the University would likely be offered fixed-term or permanent contracts, ensuring stronger employment and redundancy rights.

No. The nature of the working relationship and actual circumstances will determine whether someone is an employee. Employers cannot simply avoid legal duties by misclassifying staff or issuing a contract for services.

Sometimes protected conversations are used to resolve a pre-existing dispute between the employer and the employee, but other times there is no known pre-existing dispute. If you reject a voluntary exit as part of a protected conversation, your decision needs to be respected and you cannot be discriminated against for this decision. If your employer wishes to terminate your employment they would still need to follow statutory redundancy or the University’s capability procedures.

Don’t panic. You cannot be dismissed or made redundant in a protected conversation. Any agreement made in a protected conversation must be mutual. 

It is good employment practice for the employer to allow the employee to be accompanied in a protected conversation. This can be a workplace colleague or a union representative. UCU members (who have been members >90 days) can ask for a UCU caseworker to attend with them. We would advise members to contact the branch using the casework request form as soon as they are invited to a protected conversation.

You are not obliged to accept the invitation to a protected conversation but it usually in the employee’s interest to at least hear about the option that it affords. 

Usually, the employer will read fairly rigidly from a script, making the employee aware what a protected conversation is, agreeing on confidentiality, and making a proposal in the form of a settlement agreement.

Following the offer, the employer should allow the employee to ask questions. The following may be useful, depending on job family, for weighing up a decision on whether to accept any settlement:

• Why is your employer proposing to terminate your employment?
• How much are you being offered and how is that calculated?
• Will you be expected to work your notice period? If not, will it be paid out in lieu?
• Will you be expected to take your annual leave? If not, will it be paid out in lieu?
• Will you be offered a reference? If so, what will it say?
• What is the allocation towards the cost of legal advice?
• Will you be able to agree the statement that will be issued to your colleagues?
• Why is this particular termination date being suggested? Is there any flexibility here?
• Is there any possibility of retaining some kind of honorary status with the University? 
• Are there any restrictions on future employment with the University?
• When is a decision needed? Is there any flexibility here? 
• What is likely to happen if you don’t accept the settlement agreement?

You and/or your accompanying person can make notes during the meeting. If necessary, you can ask your employer to confirm the proposal in writing. This could be a draft settlement agreement or simply an email summarising the main points. This will help you to clarify what is being offered.

You’re not under any obligation to accept any proposed settlement agreement and you should not do so in the meeting itself. In fact, the law doesn’t allow you to accept it until you’ve taken legal advice on it. 

If there has been “improper” behaviour by the employer or employee during the protected conversation, the protection may be lost. Improper behaviour includes bullying, harassment, discrimination or if the employer threatens an employee to take an agreement. 

Your employer should give you a reasonable period of time to consider any proposed settlement agreement. ACAS recommends about 10 days. You should use this time to consider the financial implications (tax, pension) of the offer. You might like to contact a financial or your pension provider to discuss early retirement or other options during this time. 

• https://www.uss.co.uk/for-members/guidance-and-financial-advice
• https://www.ucu.org.uk/quilterfinancialadvice 

You can also use your workplace colleague or union rep to discuss the pros and cons of accepting or declining the offer. However, the decision is very much down to the employee as everyone’s motivations and circumstances are different. 

If you wish to exit the employment and where you have leverage (eg. some case that the University might lose if it went to an employment tribunal; or a build up of goodwill), you might be able to negotiate by giving the employer a counter-offer, however the employer is under no obligation to change its offer. 

You should respect the confidentiality of the offer. Failure to do so could lead the employer to withdraw the offer.

If you decide to provisionally accept the offer you should reply by the agreed deadline. HR will usually draw up a formal settlement agreement and provide this for you to seek legal advice. Your UCU caseworker can provide details of how to get legal advice through UCU’s legal partner. Once the settlement agreement is signed by both parties, it becomes legally binding.