Redeployment

HUMAN RESOURCES POLICY

1.1     All members of staff are required to familiarise themselves with this policy.

1.2     Imperial College London (Imperial) is committed to avoiding redundancies and will redeploy members of staff, who are at risk of redundancy, to a suitable alternate role, where it is possible to do so. Members of staff who are eligible for redeployment shall be referred to in this policy as “redeployees.”

1.3     Redeployees will be supported throughout the redeployment process by their line manager, their Faculty/Service/Department and their HR Representative (see note below).

1.4     Recruiting managers will be proactive in applying and adhering to this Redeployment Policy and Procedure, and its processes, when recruiting individuals for their vacancies. They will give preference to redeployees before other internal or external candidates, where it is possible to do so.

1.5     To be eligible for redeployment under this policy staff must meet one or more of the following criteria:

• Those who are at risk of redundancy due to the expiry of a fixed term contract or fixed funding.
• Those who have at least two years continuous service* and are at risk of redundancy due to organisational change.
• Those where it has been recommended as an outcome of the Flexible Working Policy, particularly in cases where a member of staff submits a request for flexible working due to a disability.
• Those who have a health condition or disability and redeployment has been recommended as a reasonable workplace adjustment, usually under the Performance Improvement Policy or the Sickness Absence Policy with input from Occupational Health. 

1.6     On occasion, circumstances may arise where an employee and their line manager conclude that redeployment is warranted for a reason other than as prescribed in this policy. An employee may be permitted to join group three of the redeployment process for some other reason.  This is subject to agreement with the Deputy HR Director (Employee Relations and Policy) on a case by case basis.

1.7     The policy does not apply to agency workers**, casual workers, consultants, self-employed contractors, volunteers, or interns.

1.8     This policy does not apply to those appointed outside of a competitive recruitment process on short term contracts of 6 months or less (e.g. where a short term contract request form is utilised). 

1.9     This policy does not form part of any contract of employment or other contract to provide services and may be amended at any time. 

1.10    Those who are notified that they are at risk of redundancy will not be eligible for redeployment if such notice is subsequently withdrawn.

1.11    Faculties must act responsibly when extending fixed term contracts and ensure adherence to this policy where applicable.    

*Group one redeployees do not require two years of continuous service (see paragraph 3.2.1 below).  

** Although agency workers do not fall into scope of the eligibility criteria set out in 1.5 above, they will be informed of relevant vacancies where appropriate.

NOTE: The term HR Representative does not refer to a specific job title or role.  The specific role(s) responsible for providing support under this policy as HR Representative will align with HR operational structures at the appropriate point in time. 

2.1     Imperial is committed to equality, diversity, and inclusion. Implementation of this policy must be clear and transparent and not subject to any unfair discriminatory practices.

2.2     Imperial is committed to ensuring a working and learning environment that is free from all forms of discrimination. Redeployees should be treated in accordance with Imperial’s equality framework within which all members of the Imperial community can enjoy the right to study, live, work and be respected. 

2.3     If a redeployee requires any workplace adjustments to ensure equal access and opportunity at any stage of the procedure, their line manager should discuss necessary adjustments with them. The Equality, Diversity and Inclusion Centre (EDIC) may also be contacted for advice.

2.4     All staff are expected to undertake their role in line with Imperial’s Values and Behaviours. Imperial’s Values are at the very centre of our work and guide our behaviour as a community, across all levels of Imperial. This policy aims to support fairness in how redeployment is managed, and protect and promote our Values of Respect, Collaboration, Excellence, Integrity, and Innovation.

2.5     This policy is inclusive and applies to all eligible staff irrespective of any held protected characteristic.

3.1     Imperial has a legal obligation to give preference to certain groups of staff over others during the redeployment process. Redeployees under group one (see below) will be given first preference, followed by group two and then group three.

3.2     The criteria for the different groups are as follows:

1. Group one - Those who are at risk of redundancy and:
   1. have notified their line manager and or HR that they are pregnant; or
   2. have had a miscarriage before 24 weeks of being pregnant*; or
   3. are on, or have returned from, adoption leave or maternity leave (including those who had a stillbirth after 24 weeks pregnancy); or
   4. have taken at least 6 consecutive weeks of neonatal care leave; or
   5. are on shared parental leave or have returned from a period of at least 6 consecutive weeks of shared parental leave.

Eligible redeployees will be in group one up to:

• 18 months* from the first day of the estimated week of childbirth; or
• 18 months from the exact date of birth where the redeployee gives notice of this date prior to the end of maternity leave; or
• 18 months from the exact date of birth where the redeployee has taken at least 6 consecutive weeks of neonatal care leave; or
• up to 18 months from the date a child has been placed with them for adoption.

Please note: This period of 18 months does not extend beyond a redeployee’s contract termination date.

* Where a redeployee has a miscarriage before 24 weeks of being pregnant, they will be included in group one until four weeks after their pregnancy ended, or 18 months from the date of a stillbirth.

2. Group two – Those who have a health condition or disability and redeployment has been recommended as a reasonable workplace adjustment, usually under the Performance Improvement Policy or Sickness Absence Policy with input from Occupational Health.
3. Group three – All other eligible redeployees, including (but not limited to) fixed term employees who are at risk of redundancy and undergoing a competitive process, or whose contracts are imminently vulnerable to termination due to the cessation of fixed funding.

4.1     Suitable alternative employment: is work that is on broadly the same terms, grade and within the same capacity as the redeployee’s current employment. A role may constitute suitable alternative employment if a reasonable period of training or re-training is necessary.

4.2     Alternative employment: is work that may be available within Imperial but on different terms, different grade or within a different capacity to the redeployee’s current position and grade. Redeployees should refer to Appendix 2 of the Change Management Policy and Procedure for information on the salary and benefits protection scheme. 

4.3     Redeployees in group one will usually be slotted into suitable alternative employment where it is available, subject to an informal discussion with the recruiting manager, as referred to in paragraph 7.3 There is no statutory obligation to offer alternative employment on different grades or with significantly different responsibilities. However, in a redundancy situation, a redeployee may wish to put themselves forward for such alternative employment. If a redeployee wishes to consider alternative employment at any stage, they should inform their HR Representative and complete the Redeployment Form in Appendix B as soon as possible.

4.4     Where a redeployee wishes to apply for a role that is on a higher or lower grade, this will not amount to suitable alternative employment, and they will not therefore be prioritised. They should apply as per the usual recruitment process and may find it helpful to refer to Appendix 2 of the Change Management Policy and Procedure for information on the salary and benefits protection scheme. 

4.5     For a role to be considered suitable alternative employment or alternative employment, redeployees are required to meet all of the essential criteria in the person specification or be able to do so with reasonable training. Where reasonable training is required, a training plan will be set out and agreed by the recruiting manager and redeployee as part of the selection process.

4.6     Training plans (as described in paragraph 4.5 above) will be provided wherever it is reasonable, practicable and cost effective to do so. The redeployee must also demonstrate a capacity and willingness to learn and apply these new skills within an agreed timeframe.

5.1     For those at risk of redundancy, redeployment will usually be discussed as part of a consultation meeting. For staff who are eligible to be redeployed for another reason (not due to redundancy), their HR Representative will start to discuss redeployment with them at the appropriate stage as per the relevant policy and procedure. Their HR Representative will also advise them what redeployment group they are in (one, two or three).

5.2     To avoid the risk of forfeiting their right to receive a statutory redundancy payment (where such right exists), redeployees will be expected to participate in the redeployment process. To confirm their participation in the redeployment process, those in groups two and three must complete the redeployment form at Appendix B. Redeployees will only be entitled to receive a redundancy payment in circumstances where Imperial is unable to make an offer of suitable alternative employment prior to the termination of their contract. On receipt of the form, their HR Representative will add the redeployee’s form and details to the Redeployment Register*.

5.3     Redeployees should set up job alerts (guidance available here) and may wish to explore relevant courses and programmes offered by the People and Organisational Development (POD) team.

5.5     Where the redeployee is at risk of redundancy and does not wish to be redeployed, they may not be entitled to receive a redundancy payment. (The exception to this would be in the context of a voluntary redundancy situation).

*Redeployment Register means the centralised list of individuals eligible for redeployment in accordance with the groups referred to in paragraph 3.2 of this policy.  Managers may also add non-eligible members of staff to the Redeployment Register (with their consent) for the purposes of keeping them informed of vacancies.  However, only eligible redeployees (falling into Groups one, two and three) will be treated with priority for redeployment purposes. 

6.1     Where a potential role is identified, the HR Representative will discuss the role with the redeployee and explain what actions they need to take to be considered for the role. Redeployee groups should follow the relevant process outlined below:

1.  Group one – Where the HR Representative and/or the redeployee identify a role that may be suitable alternate employment, the redeployee should complete an Essential Criteria Form, outlining how they meet the essential criteria. For ease of reference an Essential Criteria Form is provided at Appendix C.  The HR Representative will liaise with the recruiting manager, and where the role is potentially suitable, they will be slotted into the role after an informal discussion has first taken place*.  (See paragraph 7.3 regarding the purpose of the informal discussion).

2.  Group two – Where the HR Representative and/or the redeployee identify a role that may be suitable alternate employment, the redeployee should apply, following the usual recruitment application process. On the application form they need to confirm that they are a group two redeployee.**

3.  Group three – The redeployee should apply for any suitable alternative roles following the usual recruitment application process. On the application form they need to confirm that they are a group three redeployee. They should also inform their HR Representative.

6.2     The redeployee’s line manager will be responsible for informing the redeployee and their HR Representative of any roles in their area (including upcoming roles) which could amount to suitable alternative employment.

* Wherever possible redeployees in Group One should be slotted into suitable alternative roles within the departments they are employed to work within.  Departments are responsible for procuring that Group One redeployees are appropriately redeployed, in accordance with this policy.     

**Redeployees in groups two and three must follow the standard application process.  However, if a role is deemed by both the redeployee and Imperial to be suitable alternative employment, the redeployee will be offered the role, subject to the parameters set out in paragraph 7.2 of this policy.  

7.1     Redeployees who potentially meet the essential criteria for suitable alternative employment (with reasonable training in some cases) will be prioritised for interview (the purpose of which is to assess the suitability of the role from the perspective of both Imperial and the redeployee). This means they will have priority to be shortlisted for interview over and above candidates who are not redeployees. For the exception, please refer to paragraph 4.4.

7.2     Where more than one redeployee applies for a suitable alternative role, they will be considered (shortlisted, interviewed and potentially offered the role) in preferential order of their redeployment group. Where the redeployees are in the same redeployment group, then a competitive interview selection process will be conducted for this redeployment group only. For the avoidance of doubt, group one redeployees will not normally undergo any interview, or competitive process. The exception to this is where a role is potentially suitable for another redeployee who is also in group one.

7.3     Where the recruiting manager does not consider the role to be suitable, they will provide their feedback in writing to the redeployee. For group one redeployees, rather than an interview, there will be an informal discussion between the recruiting manager, redeployee and the HR Representative. The purpose of the discussion is to secure a smooth transition process into the suitable alternative employment. During the discussion, practical considerations will be addressed such as whether the redeployee would benefit from an initial period of training, for example.

7.4     If the recruiting manager confirms that the role is suitable alternative employment and the redeployee meets all of the essential criteria, (with an agreed training plan where applicable) they will be offered the role.

8.1     The HR Representative sends the offer in writing, and the redeployee will need to decide if they wish to accept the role. Redeployees may decline an offer but should be aware that there may not be any other suitable alternative roles available.

8.2     It should be noted that a redeployee who unreasonably refuses an offer of suitable alternative employment may lose their entitlement to receive a statutory redundancy payment.

8.3     Where the redeployee accepts a position, the HR Recruitment Team will then undertake any pre-required checks, such as a visa check, qualifications, and references.

8.4     If the redeployee accepts a role that is fixed term and is subsequently at risk of redundancy again, they may be eligible for a redundancy payment and to join the redeployment process again when their fixed term expires. Subject to paragraph 2 above, any redundancy payment would be funded by the faculty/department/service who initially placed the redeployee at risk of redundancy.

8.5     Where the redeployee is on maternity, adoption, or shared parental leave, they will not be expected to end this leave earlier than they wish in order to be slotted into a new role for which they meet the essential criteria*.

8.6     Annual leave accrued in the previous role will be carried over to the new role as per usual practices.

*It should be noted that the essential criteria for some roles could include the ability to commence work within an urgent or specific timescale.

9.1     The HR Representative will procure that the redeployee is served with written notice to end their original contract of employment on redundancy grounds. This should occur before the redeployee commences their new role.  Provided that the redeployee accepts the offer of suitable alternative employment before their original contract ends, they and Imperial will benefit from a four week statutory trial period to try out the new role.

9.2     The purpose of the trial period is for both Imperial and the redeployee to establish whether the new role is suitable, without the redeployee forfeiting their eligibility to receive a statutory redundancy payment in the alternative.

9.3     The trial period must start either immediately after the expiry of the redeployee’s original contract or within four weeks of that date, after notice has been served under the original contract.

9.4     During the trial period the line manager and the redeployee will assess the suitability of the post.

9.5     During the trial period, the line manager shall meet with the redeployee on a regular basis to review progress and identify any areas where further training or support may be required. At the end of the trial period, the line manager, and the redeployee, shall confirm to their HR Representative whether the appointment is regarded as successful.

9.6     Trial is successful

Where the trial period is successful, the line manager will confirm this in writing to the redeployee and the trial period will end.

9.7     Trial is unsuccessful

Where the trial period is unsuccessful, a meeting will be arranged with the redeployee, the line manager and HR Representative who managed the redeployment.

If the trial is unsuccessful (and there is no other suitable prospect of redeployment at that time), the employment relationship will be deemed to have terminated on the date on which the original contract came to an end. The reason for such termination will be dismissal on redundancy grounds.         

9.8     Redundancy entitlements are unchanged in the event the trial period does not result in a confirmed post.

9.9     The notice period should (in the majority of cases) already have been served under the original contract prior to trial period commencing and will not be further extended.

9.10    If the redeployee is required to undergo a period of re-training during the trial period, it may be possible to extend the four week trial period. The trial period may only be extended beyond four weeks for the purposes of re-training the redeployee. Any extension must be subject to written agreement and finalised before the trial period commences.  

10.1     Where a redeployee is at risk of redundancy and no suitable alternative employment or other means of avoiding their redundancy has been found by the expiry of their notice period, they will be dismissed by reason of redundancy and receive a redundancy payment, if entitled. The redeployee will receive a letter confirming the decision to dismiss them on redundancy grounds and informing them of how they can appeal the decision, should they wish to do so.

10.2     Where redeployment was recommended as an outcome of another procedure (e.g., Flexible Working Policy/Performance Improvement Policy/Sickness Absence Policy) and no role has been found, then any next steps would be considered under the relevant policy and procedure.

For ease of reference, you will find a Redeployment Form attached to Appendix B of the Redeployment Policy and Procedure.  An Essential Criteria Form is available at Appendix C.  Both forms can be downloaded from this page.