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September 2009

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Tribute
David Layton: an appreciation
I first met David Layton in 1978 when I joined Incomes Data Services, the pay and employment research company
he founded in 1966 at the ripe young age of 52. By the time I joined, some 31 years ago, IDS was an established
organisation, extremely well known in industrial relations circles and among management and trade union
negotiators. Later, David was to hand over the reins to his son Mark. But he still kept an active interest in the
company until his eighties, eventually retiring from the Board in 2001. Today it continues under the
ThomsonReuters umbrella. I was delighted last year when David attended a party we held to celebrate the 1,000th
edition of the IDS Report, of which he was the first editor.
David Layton was an inspiration to several generations of people who have worked at IDS over the years. He was both
a friend and mentor to many of those here who worked with him and there is a lasting legacy of David in IDS today
of evidence-based research and the pursuit of excellence.
From the outset he gathered together expertise in industrial relations and blended that with enthusiastic staff who
became tomorrow’s experts. He was well connected and made friends easily.
IDS at the beginning was an ambitious project, but it grew as a business as the expertise fostered by David on pay
and labour law became vital in the stressful world of industrial relations in the late 1960s and early 1970s – a
time of incomes policies, strikes and State intervention into collective agreements.
In the period of conflict over the Industrial Relations Act in 1971–72, the Heath Government called for all collective
agreements to be legally binding. At this time, it was David who introduced the world to a young lady called Tina
Lea. He advised that her name was to be written on all collective agreements to maintain their voluntary nature.
Tina Lea was, of course, an acronym for ‘This Is Not A Legally Enforceable Agreement’.
David’s approach to research and publishing was important to IDS’s success. The Laytonian philosophy could be
summed up as follows:
• Find out what is really going on
• Do the research, build the evidence
• Do empirical research, but set it in a context
• Talk to the parties involved
• Seek an independent position
• Don’t be afraid to say what you think
David put this into practice and encouraged the staff to follow him, and those principles are still evident in the
research published by IDS today.
An example of David’s approach is his timely intervention in the middle of the miners’ strike in February 1974,
when he pointed out that the figures being used to compare miners’ pay with that
of other workers were flawed, because the National Coal Board had been
including holiday pay in the miners’ earnings, while this was not the case for
comparator industries. He showed they were not comparing like with like.
This bombshell had a huge impact in the media and in political circles at the time.
And in preparing this appreciation, I looked again at the photo of David on the
front page of the Evening Standard at the time – which called David Layton ‘the
man who did his sums’ – and was reminded by the twinkle in his eye of some of
his other qualities. He was full of fun and energy and was perfectly at ease
challenging the status quo.
These were qualities that endeared him to his staff. He wanted people to work
hard on the detail of their research, but didn’t want a monkish, dour atmosphere
in the office. He wanted a bit of fun, and probably realised we needed it as an
antidote to finding out about the National Joint Council for sheep-shearing or the
Joint Industrial Council for the paper bag industry. I remember him saying to me:
‘Are you enjoying doing what you do?’ And the truth was that we did enjoy what
we were doing.
Alastair Hatchett, Head of IDS Pay & HR Services - 11.8.09
David Layton: Born 5 July
1914, died 31 July 2009.
Managing redundancy
IDS HR Study 902 • September 2009

Page 2 Overview
Employers are seeking to avoid redundancies
3 Redundancy and the UK economy
The latest redundancy data from the Labour Force Survey; unemployment and the
claimant count; the Bank of England inflation report; economic forecasts
7 Redundancy survey 2009
The findings of our 2009 redundancy survey of 143 UK employers
12 Handling the redundancy process
A duty to consult; statutory redundancy payments; voluntary redundancy;
alternatives to redundancy; selecting staff for redundancy; enhanced redundancy
payments; maintaining employee morale
22 Redundancy – legal issues
Age discrimination; contractual status of redundancy policies; collective consultation;
procedural fairness
25 Case studies
Komatsu UK responds to recession; Incommunities agrees to voluntary redundancies;
BT offers redeployment and time out to cut costs; Successful restructure at
Cambridge Building Society

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overview

A last resort
In this recession, unlike those of the past, employers seem to be making considerable efforts to
retain skilled employees and limit the need for redundancy. A variety of methods have been
employed to cut costs without losing jobs, including natural wastage, redeployment, pay freezes
and short-time working. Despite these efforts over a quarter of a million people in the UK were
made redundant in the second quarter of 2009.

The 2009 inflation report from the Bank of Managing the process
England shows that output has fallen more Of course, there are instances – site closures, for
markedly during this recession than at the same example – when compulsory redundancies are
point in the recessions of the 1980s and 1990s. likely to be unavoidable. In such circumstances,
However, the impact on employment has been it is important that employers handle the process
less severe. One explanation is that employers in an efficient, fair and considerate manner to
are going to greater lengths in this recession to limit damage to the reputation of the business
limit the need for redundancies. By finding and minimise the impact on staff – both those
alternative ways of cutting costs – other than who leave and those who stay.
cutting jobs – employers are seeking to retain
In addition to the statutory consultation period
the core of their talent base and put themselves
with employee representatives, it is good practice
in a better position when the economy
to provide staff with regular progress updates on
improves.
the redundancy exercise as well as information
on business performance. Engaging in open and
Seeking alternatives to redundancy
honest communications can help allay
The results of our 2009 redundancy survey (see employees’ concerns and prevent a loss of trust
page 7) indicate that restricting or suspending or engagement with the business.
external recruitment, followed by reviewing the
employment of temporary workers, are the most Offering enhanced redundancy terms that go
common methods used by employers to limit the beyond the statutory minimum is one way of
need for redundancies. Most companies also softening the blow. Many employers also offer
seek to redeploy staff at risk of redundancy, specialist outplacement services, which can
when possible. provide individuals with invaluable support in
finding another job or pursuing a different career.
In the midst of recession, some of the hardest-hit
It is understandable that employers focus most of
companies have frozen or cut pay – pay
their efforts on those who are leaving. But this can
settlement data collected by IDS Pay Report
also be a stressful time for managers. They are
reveals that so far this year just over a third of
usually responsible for breaking the news,
settlements have been pay freezes. Short-time
handling the selection process and managing
working arrangements have also been
change within their teams. To ensure they are able
introduced by some employers. By cutting the to carry out these responsibilities effectively, they
number of shifts or working hours on a should be offered adequate training, support from
temporary basis, companies are seeking to HR and access to any additional help they require.
respond to the fall in demand while keeping staff
on the books. Avoiding survivor syndrome
Moreover, employers should not think that the
Offering voluntary redundancy
work stops once all employees dismissed during
Despite their efforts to reduce costs without a redundancy exercise have left. Those who
losing staff, many employers are still having to remain may experience survivor syndrome,
make job cuts. Some or all of the necessary which can have a major impact on their levels of
headcount reduction may be achieved through motivation and performance. Providing ongoing
voluntary redundancy, particularly if support – including counselling or occupational
preferential severance terms are offered. But health services, where necessary – and timely
employers need to consider such applications communications can be crucial in ensuring
carefully to ensure that they do not lose staff changes bed in and normal service is resumed
with vital skills or knowledge. quickly.

2 IDS HR Study 902 • September 2009


analysis

Redundancy and the UK economy


In the second quarter of 2009, 277,000 people in the UK were made redundant – 150,000 more than
during the same period in the previous year. Below we look in detail at redundancy levels and rates
since the beginning of 2007. We also discuss recent unemployment figures, some findings from the
Bank of England’s latest Inflation Report and economic forecasts for 2010.

Level of redundancies Sectoral trends


The number of redundancies rose sharply in the Redundancy rates vary significantly across
fourth quarter of 2008, mirroring the onset of different industries (see the graph at the bottom
the economic recession. According to figures of page 4). LFS figures for the second quarter of
from the Labour Force Survey (LFS), 259,000 2009 show that employees in construction were
people were made redundant in the fourth the most likely to be made redundant, with a
quarter of 2008 compared to 156,000 the rate of 27.9 redundancies per 1,000 employees.
previous quarter. In the first quarter of 2008, The second highest rate of redundancies was in
there were 111,000 redundancies. (The graph at manufacturing (20.1 per 1,000), closely
the top of page 4 shows the number of followed by the banking, finance and insurance
redundancies in each quarter since the beginning industry (18.1 per 1,000).
of 2007.) This reflects the fact that the companies hit
The greatest number of redundancies recorded hardest by the economic recession so far have
over the past three years was in the first quarter been those involved with house building –
of 2009, when 286,000 people were made including those that produce machinery for the
redundant. In the second quarter, the number of construction sector and goods for home buyers
redundancies fell slightly to 277,000. or movers. Manufacturers of high-end goods
have also been hit – although there are some
Redundancies falling among women signs of recovery in the car industry – as has the
Looking at the figures for men and women, two finance sector in general.
different pictures emerge. The number of women
made redundant each quarter rose uniformly Unemployment
from 36,000 in the first quarter of 2008 – the The LFS produces a measure of unemployment
lowest level over the last two years – to a peak of that follows the internationally agreed definition
103,000 in the first quarter of 2009. The recommended by the International Labour
number fell to 87,000 in the second quarter of Organisation (ILO). According to the LFS, the
this year. number of unemployed people was 2.43 million
in the three months to June 2009, up 220,000
By contrast, the number of redundancies being
from the three months to March 2009 and up
made among men saw a dramatic increase in the
750,000 from a year earlier. The unemployment
last quarter of 2008 – rising to 177,000 from
rate (the proportion of all economically active
91,000 in quarter three. The number of
people) was 7.8 per cent in the three months to
redundancies made in each quarter since then
June 2009, up 0.7 percentage points from the
has continued to rise steadily, reaching 190,000
three months to March 2009 and 2.4 percentage
in the second quarter of 2009. This trend
points from a year earlier.
probably reflects the gender bias in the sectors
and occupations that have so far been hit hardest
Claimant count
by the economic recession.
The claimant count2 for July 2009 was 1.58
Redundancy rates million, up 709,000 since the start of the year.
The redundancy rate1 for the second quarter of 1
The redundancy rate is the ratio of the redundancy
2009 was 11.0 per 1,000 employees, according
level for the given quarter to the number of employees
to the LFS. This was down from a peak of 11.3 in the previous quarter, multiplied by 1,000
per 1,000 employees in the first quarter of the 2
The claimant count measures the number of people
year. But it still represents a considerable claiming Jobseeker’s Allowance; figures are taken from
increase on the redundancy rate of 4.4 per 1,000 the JobCentre Plus administrative system and published
employees recorded at the beginning of 2008. each month by the ONS

IDS HR Study 902 • September 2009 3


Managing redundancy

Level of redundancies

Number of
people (000s)
300 All 277

Men
250
Women

190
200

145
150

94 87
100

52
50

0
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
2007 2008 2009

Source: Labour Force Survey

Redundancy rates by industry


Rate per 1,000 employees

Construction 27.9

Manufacturing 20.1

Banking, finance and insurance 18.1

Distribution, hotels and restaurants 9.9

Transport and communication 9.1

Public sector 2.1

0 5 10 15 20 25 30
Source: Labour Force Survey, Q2 (April–June) 2009

4 IDS HR Study 902 • September 2009


Analysis

Apart from a sudden surge in February 2009, the similar points during the recessions of the 1980s
increase each month on the claimant count has and 1990s.
shown a downward trend since November 2008
In terms of GDP, the current recession does not
(see the graph at the top of page 6). It rose again
compare favourably. Output is estimated to have
slightly in July 2009.
fallen by 5.7 per cent since this recession began.
Inflow and outflow At the same point of recession in the 1980s it had
The claimant count is a limited measure of fallen by 4.7 per cent; and by 2.5 per cent in the
unemployment as it only takes account of those 1990s. However, the impact on employment and
eligible to claim Jobseeker’s Allowance. It has a average hours has not been as severe.
fluid and complex dynamic. At the same time Short-time working and pay moderation
that people are joining the count, others are During the current recession, employment has
leaving it. Moreover, those signing on are not fallen by 1.7 per cent, compared with a 2.4 per
just those who have been made redundant – cent decline in the 1980s and a 3.4 per cent fall
people who have not been actively seeking in the 1990s. The Bank of England’s report
employment may rejoin the count. And those argues that an increased use of flexible working
leaving the count may have found work or may practices and pay moderation have helped limit
have signed off for other reasons – such as the fall in employment in this recession.
embarking on further education, for example.
Average hours have fallen by 1.4 per cent since
Inflows to the claimant count over the last three the recession began. The report claims that this
years reached a peak of 362,500 in March 2009 will have been associated with a significant
(see the graph at the bottom of page 6). reduction in costs. It attributes the fall in hours
Following that, they plateaued for a time. They to the adoption of short-time working practices
increased by 2,300 in July to stand at 355,800. and temporary plant closures. However, average
Over the same period, outflows from the hours fell much further during the 1980s and
claimant count have shown a steady increase. 1990s. On this basis, the report argues that
The number of people who stopped claiming weakness in pay may have been a more
Jobseeker’s Allowance in July 2009 was 335,700 important factor in moderating the fall in
– the highest outflow figure since January 1997, employment so far.
when 350,300 left the claimant count. This
suggests that although unemployment is rising, Economic forecasts
there are still jobs available. HM Treasury publishes a comparison of
independent forecasts for the UK economy every
Recession’s impact on labour market month. Taking an average of new forecasts, its
The 2009 inflation report from the Bank of August report suggests that GDP will fall by 4.3
England looks at the effect of the recession on per cent in 2009. However, on average the
forecasters predict growth of 1 per cent in 2010.
the labour market – arguing that this is likely to
be a key determinant of the timing and strength On the same basis, claimant unemployment for
of recovery. It does this by comparing output (in the fourth quarter of 2009 is predicted to be
terms of GDP), employment and average hours 1.82 million. By the last quarter of 2010, it is
in the current economic recession with those at forecast to have risen to 2.14 million.

IDS HR Study 902 • September 2009 5


Managing redundancy

Claimant count and changes on month


2000
200 Level
Changes on month

Claimant count level (thousands)


1500
Changes on month (thousands)

145

1000
90

500

35

0
Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul
-20
2007 2008 2009

Source: JobCentre Plus administrative system, published each month by the ONS

Claimant count flow


400
Inflow
Outflow

320
Thousands

240

160

80

0 Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul
2007 2008 2009

Source: JobCentre Plus administrative system, published each month by the ONS

6 IDS HR Study 902 • September 2009


Analysis

Redundancy survey 2009


Of the 143 respondents to our 2009 redundancy survey, 127 made redundancies over the past 12
months. Nearly a quarter made more than 100 employees redundant, although the same proportion
made only 1 to 10 redundancies. Over half anticipated having to make further redundancies in the
next 12 months.

Reasons for redundancy cent of respondents had offered voluntary


Restructuring was the most cited reason for redundancy and just 16.7 per cent of those in
making redundancies (70 per cent of professional & business services.
respondents). While some organisations have
restructured to improve organisational Early retirement
efficiency, for many this has been spurred on by Offering early retirement was far less common,
the economic downturn and loss of business. although 39.1 per cent of respondents had
Over half (56.7 per cent) of those organisations provided this option for staff. Again, employers
that made redundancies did so as a result of with recognised trade unions (42 per cent) were
reduced business or a loss of a contract. Just over more likely to offer early retirement than non-
a fifth (21.6 per cent) of respondents made unionised organisations (34 per cent).
redundancies following a site or plant closure. Early retirement was offered by 60 per cent of
respondents from the health sector, and just
Better than statutory severance under this proportion by those in local
Over two-thirds of respondents (68.7 per cent) government (57.1 per cent) and engineering
offered better than statutory redundancy (56.3 per cent). No organisations from the retail
payments for at least some groups of staff. And or IT, telecommunications and media sectors
most of these (64.1 per cent of respondents) offered it. This may reflect the age demographics
operate better than statutory severance terms for of the workforces within these sectors.
all employees. A few respondents added that
their improved redundancy terms are offered Alternatives to redundancy
only to those who apply for voluntary We asked survey participants what alternatives
redundancy – those made redundant they had explored to try to avoid redundancies
compulsorily are paid at the statutory rate. One (see the graph below). The method most
respondent noted that redundancy terms could
vary slightly for different groups of staff as a Reasons for redundancy
result of TUPE transfers.
%
80
Compulsory redundancy
70.0
The majority of respondents (84.1 per cent) that 70
made staff redundant in the previous 12 months
made compulsory redundancies. Employers that 60 56.7
recognise trade unions were less likely to have
made compulsory redundancies than those 50
without recognised trade unions (78.5 per cent
versus 93.6 per cent respectively). 40

Offering voluntary redundancy 30


21.7
Two-thirds (66.7 per cent) of respondents
20
offered voluntary redundancy. Unionised
10.8
workforces were more likely to have been
10 5.8
offered voluntary redundancy than those with
no recognised union (73.8 per cent versus 54.3 0
per cent respectively).
g

es /

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sin act
in

s f

n
es n o
s

os la
ur

ci
bu tr

e
cl e/p

ur
sin io
ct

d on

so

Voluntary redundancy was most likely to be


ru

bu cat
t
ce f c

Si

ut
st

lo
du o
Re

offered in engineering (87.5 per cent) and


Re
re ss
Lo

education (86.7 per cent). In health, only 20 per

IDS HR Study 902 • September 2009 7


Managing redundancy

Made compulsory redundancies Early retirement offered

No
15.9%

Yes
39.1%

No
Yes 60.9%
84.1%

Voluntary redundancy offered Anticipating more redundancies

No
33.3%
Yes
55.6%
No
66.7% No
44.4%

commonly cited by respondents was to restrict short-time working in an effort to limit the need
or suspend external recruitment (78.8 per cent). for redundancy. Offering sabbaticals or reduced
One company operated a recruitment ban for working weeks was used as an alternative by
roles in the salary range of £16,000 to £25,000, 15.3 per cent of respondents. One organisation
which was lifted after six months. operated shutdowns over five consecutive weeks
to try to alleviate the need for redundancies but
Other common methods included natural
still ultimately had to lose some staff.
wastage (76.3 per cent), reviewing the
employment of temporary staff (71.2 per cent), Just over one in ten (11.9 per cent) respondents
and redeploying and retraining employees (76.3 asked staff to take voluntary pay cuts. But
per cent). Just over half (52.5 per cent) of the employers were more likely to seek a cut in the
respondents said they had sought to reduce paybill by reducing or deferring bonus or
overtime to cut costs and avoid redundancy. commission payments (18.6 per cent).
The impact of the economic recession on Other actions taken in an effort to avoid
business has led some organisations to look at redundancies included applying a pay freeze.
other ways to cut costs without having to lose Low inflation has made it easier for many
staff with valuable skills. For some, this has employers to moderate pay increases in 2009. A
involved seeking to cut working time. Nearly a couple of respondents noted that as they had
fifth (19.5 per cent) of respondents moved to been forced to close entire sites, seeking

8 IDS HR Study 902 • September 2009


Analysis

Alternatives to redundancy

Restricting/suspending external recruitment 78.8

Natural wastage 76.3

Reviewing the employment of temporary staff 71.2

Redeploying and retraining employees 68.6

Reducing overtime 52.5

Moving to short-time working 19.5

Reduced or deferred bonus or commission payments 18.6

Recalling subcontracted work where practicable 16.9

Offering sabbaticals or reduced working weeks 15.3

Voluntary pay cuts 11.9

Lay-offs 11.0

Terminating the contracts of employees working 11.0


beyond normal retirement age

Deferring the start of new joiners (eg graduates) 6.8

Other 5.1

Decreasing employer pension contributions 0.8


%

0 10 20 30 40 50 60 70 80

IDS HR Study 902 • September 2009 9


Managing redundancy

other alternatives.’ Another company reported


Employers’ top tips on managing redundancy
that it had avoided redundancies so far using
Consider the alternatives ‘every other alternative imaginable’.
‘Before you consider redundancies, be very clear that there are no
alternatives.’ Selection criteria
‘If trade unions put forward alternative proposals, listen to them When selecting employees for redundancy, most
seriously.’ employers look at their relevant skills and
Plan carefully competencies (93.1 per cent). Performance and
‘Have a detailed plan from the outset.’ quality of work (79.4 per cent), disciplinary
‘Try to only cut once. Death by a thousand cuts saps the organisation’s record (67.6 per cent) and attendance record
morale.’ (61.8 per cent) are also likely to be taken into
‘Ensure you understand the real costs of redundancy, including early account. Just over a quarter (25.5 per cent) of
retirement benefits and capital costs to pension funds.’ respondents use length of service as a selection
‘Make sure you are up to date with relevant case law.’ criterion. One respondent noted that as the
redundancies made were voluntary, cost was an
‘Put in place a comprehensive appeals process internally to minimise
external involvement/tribunal.’ important factor when weighing up applications.
Communicate clearly and often Offering outplacement
‘Consult, consult and consult some more.’
Just under half (45.7 per cent) of respondents
‘Communication throughout the process is key to those directly
offered outplacement support to employees
affected as well as the rest of the business.’
during their last round of redundancies. Of those
‘Don’t let the redundancies be a shock. Engage staff on the issues that did, the majority offered this support on-site.
facing them.’
Stick to your process One respondent noted that outplacement was
‘Follow the statutory dismissal code very carefully.’ extremely valuable and feedback had been
excellent – although some staff would have
‘Follow your laid-down procedure to the letter.’
preferred the equivalent in cash. Another
Show compassion respondent reported that there had been a low
‘Realise that you are dealing with a human being who is going take-up of outplacement when offered in the past:
through a possibly life-changing event.’ ‘It’s almost like individuals just want to leave and
‘Treat people with dignity and respect.’ not have contact again with the company.’
Use objective selection criteria
‘Be transparent, caring and firm, and use objective criteria.’ Support for employees who stay
‘Ensure the pools for redundancy selection are defined as closely as Most respondents agreed that the key to
possible.’ engaging staff who kept their jobs following a
‘Make sure that line managers required to carry out the selection redundancy programme is thorough
process do so fairly and are confident that they could defend their communication. They argued that effective
scoring decisions at a tribunal if required.’ communications before, during and after the
Consider the tax implications exercise can help minimise survivor syndrome
‘Clarify the situation as to whether you tax or do not tax your PILON and reassure remaining employees about their
(payment in lieu of notice) clauses.’ own future at the company.
‘Watch out for the tax implications of automatic PILONs.’ A number of companies highlighted the value of
Offer outplacement support explaining why the change was necessary and
‘Outplacement is extremely valuable (for most candidates).’ placing redundancies in the context of business
‘If you can afford it, I’d really encourage you to provide outplacement performance and objectives. They also said that
coaching.’ employees should be kept informed about how
the redundancy programme is progressing. One
alternatives to redundancy had not been company identified the importance of stating
possible. clearly to survivors how it had helped those who
had lost their jobs.
One respondent commented that more could be
done in terms of looking at alternatives to Many employers commented that
redundancy: ‘We stop recruiting and we don’t communications should not end there. Following
backfill people who have left, but we don’t the redundancy exercise, staff should be given
consider reduced working hours, sabbaticals or regular information on how the company is

10 IDS HR Study 902 • September 2009


Analysis

performing. It is key that they understand and feel Redundancy selection criteria
engaged with the future prospects of the business.
A wide range of communication channels were Relevant skills and
93.1
used by respondents, including e-mails, face-to- competencies
face meetings and company presentations. One Performance and 79.4
company noted that communication should be quality of work

carried out regularly and in bite-size chunks – Disciplinary record 67.6


not via long, drawn-out memos. Another said
that senior managers should operate an open- Attendance record 61.8
door policy and be ready to explain their
Qualifications and
business decisions. experience
50.0

Some employers said they used employee General conduct and 46.1
attitude surveys to help engage staff in the attitude

decision-making process and to inform action Versatility and 40.2


plans. A number of companies also highlighted adaptability
the importance of ongoing training – both to Length of service 25.5
help employees understand and adapt to the
change, and to restore morale. Other 17.6 %

Employee assistance programmes, occupational 0 20 40 60 80 100


health services and telephone counselling were
did not anticipate redundancies), and financial
all offered to help employees still in post
services (60 per cent).
following redundancies. Others mentioned
providing support through HR, trade unions In contrast, all the respondents in the IT,
and professional associations. telecommunications and media sector thought
For those employees who have been redeployed, redundancies may be necessary. Nearly 90 per
respondents said they offer retraining and cent of local government respondents
extended trial periods. Ensuring staff received a anticipated redundancies, 81.8 per cent of other
warm welcome in their new roles was also private services employers and 77.8 per cent of
considered important. not-for-profit organisations.

Future prospects We asked respondents to estimate the number of


redundancies they expected to make in the next
Over half (55.6 per cent) of respondents
12 months. While some were already planning
anticipated having to make further redundancies
further site closures – and one expected a
in the next 12 months. Looking at the responses
possible 1,000 or more redundancies – almost
by sector it is evident that levels of optimism
three quarters of those employers that provided
about future prospects varied.
an estimate expected fewer than 50 job losses.
None of the respondents from the retail sector The general theme was one of uncertainty. As
anticipated making redundancies in the next 12 one respondent put it: ‘I don’t know yet – and
months. Levels of optimism were also quite high there may not be any. But it seems common sense
in central government and health (66.7 per cent in today’s climate that there will be more.’

IDS HR Study 902 • September 2009 11


Managing redundancy

Handling the redundancy process


A redundancy exercise can have a significant impact, not only on the individuals affected but on
remaining staff and the employer brand. Therefore, it is important that employers manage the
process effectively and considerately. This involves ensuring that employees are given full
consultation and seeking ways to minimise the number of compulsory redundancies. Enhanced
severance packages and comprehensive outplacement support often serve to soften the blow to
those affected, while ongoing and transparent communications can help maintain the morale of
employees who stay.

Duty to consult that an actual agreement has to be reached.


However, representatives should be given
An employer has a statutory duty to inform and
enough information to be able to take a useful
consult appropriate staff representatives if it is
and constructive part in the discussions.
proposing to make at least 20 employees
redundant – termed a collective redundancy Disclosure of information
situation. Such consultation may also be The consultation period begins when the
required in the case of voluntary redundancy – ie employer provides the following information –
if the employer is contemplating 20 or more in writing – to the appropriate representatives:
redundancies and is not sure whether there will
be sufficient volunteers. ● the reasons for the redundancies
In addition, all affected employees should be ● the number and descriptions of jobs that it
individually consulted on the reasons why they proposes to make redundant
have been selected for redundancy and the ● the total number of employees of that
possibility of finding them alternative work. description employed at the establishment
Failure to do so could lead to a claim for unfair concerned
dismissal.
● the proposed criteria for selecting employees
Consulting in good time to be dismissed
The law states that consultation must begin ‘in ● the proposed method for how dismissals will
good time’ – ie sufficiently early to allow be carried out, including timescales
meaningful consultation to take place – and it
● the proposed method of calculating any
must be completed before any redundancy
redundancy payments the employer chooses
notices are issued. Where the employer proposes
to make over and above statutory redundancy
to make 100 or more employees redundant
pay.
within a 90-day period, consultation must begin
at least 90 days before the first dismissal takes Appointing representatives
place. Where the employer proposes to make An employer is obliged to consult with trade
between 20 and 99 employees redundant, unions where recognised – they cannot be
consultation must begin at least 30 days before bypassed in favour of other employee
the first dismissal. These times are not based on representatives. Even if the employees the
the number of staff actually dismissed but on the organisation is proposing to dismiss are not
number the organisation is proposing to dismiss. actually members of a particular union, it may
still have to be consulted if it is recognised for
The nature of consultation that particular class of employee.
Employers are required to consult on ways of:
Where there is no recognised union, the
● avoiding the dismissals employer must consult with ‘other appropriate
● reducing the number of employees to be representatives of these employees’. These may
dismissed be existing representatives, such as those
appointed to a staff council or information and
● mitigating the consequences of the dismissals.
consultation forum, or they may be specially
The consultation must also be undertaken ‘with elected for the purpose. If affected employees fail
a view to reaching agreement with the to appoint any representatives having had a
appropriate representatives’. This does not mean genuine opportunity to do so, the employer may

12 IDS HR Study 902 • September 2009


Analysis

fulfil its obligations by providing relevant


information directly to those employees. Statutory redundancy payments
All employees who have completed at least two years’ service are
The duty to consult also extends to
entitled to a lump sum payment if they are dismissed for the reason of
representatives of employees whose jobs are not redundancy. The level of this statutory redundancy pay is based on the
directly threatened but who may nevertheless be individual’s length of continuous service and the age of the employee
either directly or indirectly affected by the during that service, and on weekly pay, as follows:
proposed redundancies. ● half a week's pay for each full year of service where the employee’s
age during the year is less than 22
Individual consultation
● one week's pay for each full year of service where the employee’s
Once collective consultation has begun, age is 22 or above, but less than 41
employers are obliged to consult on a one-to-one ● 1½ weeks' pay for each full year of service where the employee is
basis with those employees who are potentially 41 or over.
directly affected. These meetings are typically
Where an employee’s service crosses two age bands, the payments
conducted by line managers, although a member calculated for each band should be added together. For example, if
of HR may also be present. Employees have the the employee is 49 years old and has 15 years’ service, he or she will be
right be accompanied by a trade union entitled to 19 weeks redundancy pay. The 19 weeks’ entitlement is
representative or other colleague. based on one week’s pay for each completed year of service between
age 34 and 41 and 1½ weeks’ pay for each completed year of service
Some employers provide line managers with
between age 41 and 49.
detailed guidance to ensure they cover all the
important elements associated with the Definition of a week’s pay
redundancy process, such as: A week’s statutory redundancy pay is defined as the amount to which
an employee is entitled under his or her contract when he or she
● ensuring individuals understand the reasons works a normal week. If the employee’s working hours vary, or where
for the proposed redundancies there are no normal working hours, pay is averaged over the previous
12 weeks.
● checking that individuals understand why
they have been selected as part of the In addition, a limit is placed on the level of a week’s pay for the
redundancy pool purposes of calculating statutory payments. This changes annually in
line with the Retail Prices Index – from 1 February 2009, the limit is £350.
● asking individuals if there are any points that
they would like to raise.
redundant, employees have the right to see their
These meetings may be used to gather selection scores and to be told how the
employees’ preferences – ie would they prefer to thresholds were applied. However, they do not
be redeployed or to exit the company. have the right to see other individual’s scores.
How many meetings are required? Employees identified as at risk of redundancy in
Legislation does not define how many February 2009 at Komatsu were provided their
consultation meetings should take place and the ratings and given the opportunity to challenge
number required will vary according to the them if they felt they did not adequately reflect
situation and the employees involved. However, their skills and competencies.
it is recognised good practice to hold at least two
individual consultation meetings. At Announcing the redundancies
Incommunities Group, applicants for voluntary
Given the sensitivity of the issues and the
redundancy were provided with two or, if
personal impact on employees and their families,
necessary, three consultation meetings.
employers should carefully consider how they
Some organisations hold these meetings announce a redundancy exercise. The principle
immediately after the official redundancy aim is, as far as possible, to ensure that staff are
announcement has been made. At Komatsu UK, informed using the right channels and receive a
a few individual consultations took place prior to consistent message. Simply sending a text
the company-wide announcement to ensure that message or e-mailing the news is not generally
those affected found out in a private meeting. accepted as good management practice. Many
organisations adopt a cascade approach, with
Sharing selection scores directors and managers informed first, followed
Where a scoring process has been followed to by trade union representatives and finally the
select which members of staff will be made rest of staff.

IDS HR Study 902 • September 2009 13


Managing redundancy

Managing the process involved in a redundancy. Some employers deal


The senior management team given the with this problem by scheduling simultaneous
responsibility for making the announcement of a announcements at each affected site, often
closure or a large number of redundancies often requiring a high degree of organisation.
meets off site a few days beforehand to finalise
Timing the announcement
the planned sequence of events. Many
organisations draw up detailed schedules to set Issues can sometimes arise over the exact timing
out the exact timing of who is to be told what of the announcement. It can be difficult to
and when. These schedules also typically assign reconcile the desire to tell staff what is going on
managers to groups of staff to which they are as soon as possible with the need to show
responsible for delivering the news. Managers caution given the chance that plans could change
may also be provided with a checklist to ensure and final decisions may still be outstanding.
that they follow an agreed procedure. Komatsu, However, it is preferable that employees hear the
for example, followed a strict timetable on the news first hand rather than on the radio coming
morning of the announcement, which detailed to work or in the local press, which may mean
exactly who would be informed at what time, by having to make an announcement before the key
whom and where. decisions have been made.

Ensuring a consistent message At Komatsu, for example, managers announced


Managers are typically provided with scripts to the news to their teams at a specified time on one
read from when delivering the news to make sure day to ensure that employees heard the news at
that a consistent and accurate announcement is the same time and to prevent rumours from
made to all employees. These may include set circulating. Similarly, Cambridge Building
answers to a variety of questions that are likely Society made a company-wide announcement to
to be asked by employees. Alternatively, answers inform employees of the intention to restructure
to any frequently asked questions may be the organisation and then presented the formal
distributed to employees following the details once finalised.
announcement to avoid the possibility that When making the announcement, there is much
different managers give varying responses. to be said for getting to the point as quickly as
Logistical challenges possible and not delaying by providing too much
Logistical challenges may present themselves background information. This, of course, needs
where a number of dispersed locations are to be balanced against presenting staff with
enough detail that they understand why the
redundancies are necessary.
Voluntary redundancy
To minimise the number of compulsory redundancies, many
Who delivers the bad news?
organisations first seek volunteers. It is generally preferable to lose One important decision that has to be made
staff who want to leave. Voluntary redundancy is typically offered on when dealing with a redundancy programme is
enhanced terms to encourage employees to apply. whether the local management team should
The offer of voluntary redundancy may be open to all employees or
break the news, or whether this responsibility
limited to a certain group. It is typically announced in a company-wide should rest with a senior manager from head
e-mail communication or staff newsletter. Employees who wish to office. There is no ‘one size fits all’ solution here
take voluntary redundancy usually have to discuss their application and often much will depend on the
with their line manager and submit a standard form. organisation’s structure and culture.
Employers retain the right to refuse an application for voluntary The argument for passing the responsibility to
redundancy to ensure that any specific skills, knowledge or experience senior managers is that it may make life easier
are retained and high performers are kept within the organisation. If
for the local management team that will have to
there are more volunteers than positions identified at risk,
maintain the co-operation of employees up until
organisations must carefully consider which applications are accepted
and base their decisions on objective and fair criteria. At the same time, the date they leave or the site closes. However,
many organisations allow employees to withdraw their application up there is the risk that employees may see this as
until a specific cut-off date. local managers ducking the issue or copping out.
Moreover, line managers may actually be better
If an application for voluntary redundancy is refused, organisations
placed than their more senior colleagues to make
should provide the individual with full feedback on the reasons why
this decision has been taken. After all, this is likely to be someone the announcement given their day-to-day
whose skills are valued and who the company wants to retain. working relationships with those affected.

14 IDS HR Study 902 • September 2009


Analysis

Line managers are usually responsible for headcount is necessary, voluntary redundancy
contacting any employees in their teams who are and early retirement may be offered to
absent on the day of the group announcement, employees in the first instance (see the box on
either by phone or by letter. page 14). Beyond this, there are a number of
initiatives employees may use to cut costs and try
Access to employee support
to avoid, or at least limit, compulsory
Staff information packs are generally handed out redundancies (see the box below).
at the announcement to provide employees with
HR contacts if they require any further Redeploying employees
information. Contact details for any supplier of
Employers must consider suitable alternative roles
outplacement assistance the organisation may
within their organisation for individuals at risk of
have appointed are also typically included.
redundancy. Moving employees to a different part
Where an employer offers staff a counselling
of the business not only saves jobs, but can also
service or employee assistance programme,
help a company retain key skills and expertise.
details of these provisions may be provided.
For example, BT redeployed customer service
Training managers engineers to its call centre to fill a skills shortage.
Given the importance attached to getting the However, for this option to work there need to
redundancy announcement right, managers be vacant roles available. To accommodate this,
often receive training in how best to deliver the the employer may rely on natural wastage – by
news. This may include guidance on handling not recruiting to any roles that might need to be
media enquiries and managing the reaction of filled. Cambridge Building Society, for example,
employees. Komatsu, for example, provided waited to fill any vacant positions with
managers who were responsible for conducting employees who were at risk of redundancy
individual consultation meetings with individual rather than take on new starters.
coaching sessions, if required.
Matching employees to alternative roles
Beyond the announcement, employers should Some employers establish redeployment teams
also do their best to equip managers with the during times of redundancy to match displaced
skills, knowledge and information required to employees with vacant roles within the business.
successfully manage organisational change. This They often try to increase the chances of
may include producing dedicated company achieving successful redeployments by giving
handbooks or guidance notes outlining their these individuals preferences over other
responsibilities and the processes they need to candidates for available roles for a limited time.
follow during the redundancy exercise.
Trial periods
Ongoing communications Employees who are offered alternative
The redundancy announcement marks the start employment are typically entitled to a minimum
of a communications process that should be statutory trial period of four weeks. Where
continued throughout the period of
organisational change. Some companies, for Alternatives to redundancy
example, encourage managers to hold regular ● natural wastage
team meetings to discuss any concerns and ● introducing short-term working arrangements
answer questions. Others provide regular ● redeploying staff
updates via newsletters or by e-mail to inform ● freezing or reducing pay
staff of changes and how they affect them. ● restricting or suspending external recruitment
Alternatively, employers may invite two-way ● reviewing the employment of temporary staff
communication with the senior management or contractors
team by opening a dedicated e-mail box to ● reducing overtime
which staff can submit their questions and ● offering sabbaticals
concerns. ● making lay-offs
● deferring the start date of new joiners and
Limiting redundancies graduates
● asking staff to take voluntary pay cuts
All our case study companies have made efforts
to keep the number of compulsory redundancies ● reducing or deferring bonus payments
to an absolute minimum. When a reduction in ● decreasing employer pension contributions.

IDS HR Study 902 • September 2009 15


Managing redundancy

Measures taken in the car industry to limit redundancies

The main theme evident in how firms are dealing will increase from 37 to 40 hours with no increase to
with this recession is their efforts to retain a skilled pay, effective for a two-year period from 1 April
workforce. Almost all the major manufacturers have 2009. From 1 September 2009, employee
cut numbers through voluntary redundancies and contributions to defined benefit pension schemes
cuts in temporary staff. Motor companies have now will be increased by 1 per cent and a pensions salary
introduced a variety of cost-cutting measures in sacrifice arrangement will also be introduced from
order to stave off compulsory redundancies. 1 September for all members of the defined benefit
Vauxhall pension schemes.
Vauxhall, for example, introduced a package of Honda
measures at its Ellesmere Port plant in February in Although at Honda around 1,300 employees have
accordance with a European Framework already taken voluntary redundancy this year, the
Agreement issued for GM Europe. The measures, company has estimated that a further 490 remain
agreed with unions in return for reassurance on no surplus at the Swindon plant. To ‘absorb’ the costs
compulsory redundancies, include a shorter associated with these additional employees and
working week, with subsidies for the loss of basic enable the company to keep them on at the site,
pay, and the implementation of a temporary Honda has negotiated a labour cost reduction deal
‘corridor agreement’, enabling employees to that follows a previous agreement on a 12-month
continue to ‘bank’ unworked hours at full pay. pay freeze and the introduction of a flexible
Under the agreement, all full-time employees will working hours policy. To preserve jobs for the ten-
work a basic working week of 30 hours, down from month duration of the deal, pay has been
38 hours, effective from 16 February 2009. The
temporarily reduced with effect from 1 June 2009.
working week has been cut to four days, with no
Non-management employees will see their pay cut
production on Fridays. This loss of eight hours on
by 3 per cent while managers will receive a basic pay
the working week will be supplemented by the
cut of 5 per cent, effective until 31 March 2010. In
company at the rate of 50 per cent of basic pay.
addition to the temporary cut in basic pay, the
Employees will therefore in effect receive 34 hours
package of measures includes a suspension of the
of base pay a week for 30 hours’ work, with the loss
company bonus scheme, changes to car lease
of four hours’ pay. Employees will continue to
contributions and a temporary one-year opt-out
receive a shift premium of 33½ per cent where
option for members of the defined benefit pension
applicable and also retain the weekly plant
scheme. As a supplementary measure, employees
productivity bonus of £33, although this has been
have been given six additional days’ paid holiday. A
reduced pro rata to around £28 a week.
review will be carried out of the accumulated
Jaguar and Land Rover savings from the various measures after six months.
Jaguar and Land Rover, under the new If enough savings have been made, then basic pay
management of Tata Motors, also agreed a package may be reinstated earlier than stipulated.
of measures with trade unions to avoid compulsory
redundancies over the next two years. The package Toyota
includes a 12-month pay freeze for all Jaguar and Toyota, having cut all agency jobs by the end of
Land Rover employees, effective from November 2008, opened up a voluntary redundancy scheme in
2009, changes to the working week, and response to requests from employee
amendments to the defined benefit pension representatives. Following a decision to freeze basic
schemes. The framework agreement covers pay for 2009, Toyota reached further agreement in
employees at the manufacturing site in Halewood, March on a reduction in working time to help secure
Merseyside, sites in and around the West Midlands long-term employment at the company’s two UK
region, and the company headquarters in Gaydon, sites at Burnaston and Deeside. Basic contractual
Warwickshire. Three negotiating groups were working hours are 39 a week but working time has
involved in negotiations, covering Jaguar hourly been reduced by 10 per cent, by cutting two shifts a
paid, Jaguar salaried, and Land Rover (all month, effective for a 12-month period from 1 April
employees). It was agreed that the working week 2009. This reduction in shifts will take place every
for hourly-paid employees be reduced by two hours, second Friday, introducing a nine-day fortnight.
effective for a two-year period from 1 March 2009. Employees will experience loss in earnings in line
However, in an offsetting move, weekly pay will with this, although basic pay will not be cut. Due to
only be cut by one hour. As different groups of an increase in recent demand following the
manual employees have varying working weeks, introduction of the car scrappage scheme in the UK,
the application of the reduction in hours affects working time will be temporarily increased by three
each group differently. By contrast, the working shifts in August and Sepetember to boost
week for salaried, white-collar staff across all sites production.
This is a version of a box that first appeared in IDS Pay Report 1028, July 2009

16 IDS HR Study 902 • September 2009


Analysis

individuals decide during this time not to accept effective from November 2009. Meanwhile, in a
the position, they usually retain their entitlement bid to preserve jobs, Honda has temporarily
to a redundancy payment – providing they reject reduced pay with effect from 1 June 2009. Non-
the job because it is not a suitable alternative or management employees will see their pay cut by
because of valid personal reasons. Cambridge 3 per cent while managers will receive a cut in
Building Society provided a six-week trial period basic pay of 5 per cent, effective until 31 March
to employees who moved to a different branch 2010. Other employers that have introduced pay
following its restructuring exercise in 2009, at freezes include: Argos, Whitbread Restaurants,
the end of which they could choose to stay on or Mothercare and GE Healthcare.
opt for redundancy.
On the basis of 235 settlements covering over
Red-circling pay and benefits 2.6 million employees, IDS Pay Report estimates
Many organisations red-circle or protect the median pay settlement across the whole
employees’ former pay and benefits packages if economy as 2 per cent for the three months to
they are redeployed to a role in a lower grade the end of June 2009. A closer look at these
than their previous job. At Incommunities, for settlement figures reveals a pattern of freezes at
example, those redeployed had their basic salary one end of the scale and awards worth 2 per cent
and benefits red-circled for five years. or more at the other.
Relocation assistance Meanwhile, the latest inflation figures show that
Where employees are redeployed to an annual inflation as measured by the Retail Prices
alternative role in a new location, employers Index (RPI) has reached its lowest level since
usually provide relocation assistance. This
records began, falling by 1.6 per cent in the year
generally covers costs associated with moving
to June 2009. The June figure represents the
house, such as solicitor’s fees and stamp duty.
fourth consecutive month of negative inflation.
Cambridge Building Society, for example,
This has undoubtedly made it easier for employers
provided compensation for any additional
to negotiate pay freezes and cuts with staff.
travelling costs incurred by employees
redeployed to a different branch.
Selecting staff for redundancy
Offering secondments
A few organisations have used schemes where Establishing the redundancy pool
employees are seconded or loaned out for a fixed When carrying out a redundancy exercise, an
period of time in an effort to avoid making employer should begin by identifying the group
redundancies. BT, for example, has loaned out a of employees from which those who are to be
small number of employees to other companies made redundant will be drawn. This will usually
where redeployment is not available. include those who perform a similar type of role
in a particular department, work at a relevant
Reducing working hours location, or whose work has either ceased or
The impact of the economic recession has led diminished. The identified employees belong to
some employers in the hardest hit sectors to the ‘pool for selection’ and it is to these
introduce short-time working to cut costs. Under individuals that an organisation will apply the
a short-time working arrangement, employees appropriate selection criteria to determine who
are laid off for a number of contractual days will be made redundant.
each week or for a specified number of hours
during a working day. Such arrangements may In assessing the fairness of dismissals, tribunals
include: non-production days, a reduction in the first look to the pool from which the selection
number of shifts, shortened shifts, the was made, since the application of otherwise fair
introduction of fixed holidays, and reduced selection criteria to the wrong employees is likely
working hours. to result in unfair dismissal. An employer needs
to be able to justify its choice of selection pool by
Pay freezes showing it was based on rational considerations
Some employers have also sought to minimise – this may include selecting not only all those
the need for redundancies by freezing or cutting employees doing the same work, but also those
pay. For example, Jaguar and Land Rover doing similar work or whose skills are
introduced a pay freeze for all employees, interchangeable.

IDS HR Study 902 • September 2009 17


Managing redundancy

of how points should be allocated, with examples


Typical redundancy selection criteria
of the evidence required to score a one, two,
Employers generally use the following criteria to three, four or five on a standard five-point scale.
select employees from a group of those identified
as at risk of redundancy: Many employers also produce more general
● performance and quality of work advice to assist managers in scoring individuals
● qualifications and experience
fairly. These typically stress that:
● relevant skills and competencies ● assessments should be objective and, where
● general conduct and attitude possible, supported with documented and
● versatility and adaptability verifiable evidence; detailed notes should be
● disciplinary record kept at all stages of the assessment process for
● attendance records reference in case of appeal
● length of service. ● assessors should not allow preconceived
opinions to influence the assessment
Fair selection criteria
● there should be no discrimination on the
In establishing selection criteria, careful
grounds of sex, sexual orientation, race,
consideration must be taken to ensure that they
disability, age, religion or belief, union
are fair and applied in a clear, reasonable and
membership, pregnancy or employment
objective manner. Examples of typical selection
status (ie part-time or fixed term); managers
criteria are shown in the box above.
should be aware of instances where an
Many employers discuss the selection criteria to employee’s disability could directly affect his
be used when making redundancies with or her ratings on attendance, for example
employee or recognised trade union ● assessors should be able to justify their scores
representatives. Komatsu, for example, agreed at the internal appeal stage and at any
its criteria with the trade union representative potential employment tribunal proceedings.
and its staff advisory council.
Appealing against a redundancy decision
Employers must avoid factors that may be
Employers usually provide an appeals process
discriminatory on any grounds – either directly
for employees who feel that the selection criteria
or indirectly – when choosing and applying the
have been unfairly applied in their case. Some
selection criteria. It is generally considered best
use a more senior member of management or
practice to use a points system when scoring
trade union representation to consider such
individuals against the criteria to ensure that any
grievances and how to remedy them.
decisions are fair and justifiable.
Some organisations apply weightings to certain
selection criterion to make sure that those
Enhanced redundancy payments
considered most important – in terms of carrying Employers often aim to soften the blow of
out a role effectively and achieving long-term redundancy by offering severance payments in
business goals – have a greater bearing on the excess of the statutory minimum (see the box on
final score. At Komatsu, for example, page 13). The main ways of doing this are by:
performance was given a higher weighting than ● removing the earnings cap on the value of a
length of service. week’s pay; or
Applying the criteria ● increasing the number of weeks’ pay given for
To help ensure accuracy, objectivity and each year of service.
consistency, the selection process is typically
Some companies do both while others also
carried out by at least two assessors with a good
provide further ex gratia payments. However,
knowledge of the individuals being evaluated
employers offering an enhanced redundancy
and the work they perform. Some organisations
package must be careful that it does not unfairly
may ask a senior manager not involved in the
discriminate against employees on the basis of age.
initial process to audit the results.
Providing guidelines on scoring Offering a loyalty bonus
To help assessors when scoring employees, Where employers want to hold on to members of
detailed notes on each of the selection criteria staff for a certain amount of time – to see a
may be provided. These often give a breakdown project through to completion, for example, or

18 IDS HR Study 902 • September 2009


Analysis

to ensure an orderly closure of a site – they may


offer additional payments as an incentive. Notifying the Department for Business Innovation
Payments might also be made conditional on and Skills
employee co-operation and flexibility, as a well Employers have a statutory duty to notify the Department for
as on regular attendance at work up until the Business, Innovation and Skills (BIS) if they propose to dismiss 20 or
agreed leaving date. more employees as redundant at one establishment within a period of
90 days. This is so that government departments and agencies and the
Pay in lieu of notice JobCentre Plus Rapid Response Service can be alerted and prepared to
take any appropriate measures to assist or retrain the affected
Some organisations provide employees who are employees.
being made redundant with the option of taking
pay in lieu of their normal notice period. Others BIS must receive notification of the redundancies a specified minimum
may choose to ask staff to serve part of their time before the first dismissal takes effect:
notice period and pay the remainder of their ● at least 30 days if between 20 and 99 employees are likely to be
entitlement in lieu. dismissed as redundant at one establishment within a period of
90 days or less
Pension arrangements ● at least 90 days if 100 or more employees may be dismissed as
redundant at one establishment within a period of 90 days or less.
Employers may offer to enhance employees’
pensions as part of the redundancy terms, or – The notification must be submitted using a standard, two-page HR1
form. This requires employers to provide the following details:
more commonly – to allow staff to retire early in
lieu of a redundancy payment. However, such ● contact address and numbers
moves may become increasingly rare given the ● establishment where the redundancies are proposed
current climate of pension scheme deficits. ● reasons for redundancies
● the number of staff employed at the site and the number of
Incommunities offered two options to possible redundancies
employees who opted for voluntary redundancy. ● timing of the redundancies
Employees were offered the choice of taking ● method of selection
their enhanced severance package as a lump ● consultation details.
sum, or using the difference between this and the
statutory redundancy payment to ‘buy’ an Further information is available from www.bis.gov.uk
augmented pension service.
hours to look for alternative work or to make
Treatment of employee benefits
arrangements for training for future
In most cases, benefits cease immediately when employment. Employers may also allocate some
an employee leaves a company through training funds to help employees ‘skill up’ or
redundancy, although some items with annual retrain for a specific job or trade.
renewal dates – such as insurance cover – might
continue until the current term expires. Some While there are no strict rules about how much
employers give staff the option of continuing leave should be granted, the length of time
certain benefits at their own cost. For example, should be ‘reasonable’. This can depend on the
employees are often able to buy their company circumstances – for example, how difficult it is
car at the market rate. to find a job in certain areas, or the distance of
travel required to attend interviews.
The tax position
However, the statutory entitlement to payment
Where an employee has been made redundant, the for time off to search for alternative employment
first £30,000 of any ex gratia payment – including is limited to two-fifths of one week’s pay – ie up
any statutory redundancy payment – is exempt to two days if the employee works a five-day
from tax. Only the balance is taxable – at the week. Any reasonable time off required above
employee’s marginal rate of income tax. However, and beyond this entitlement to paid leave can be
the tax may be payable on the full sum if the taken unpaid.
employee’s contract allows for compensation.
Outplacement assistance
Seeking new employment Many employers arrange outplacement assistance
to further support employees who are made
Granting time off redundant and help them deal with the challenge
Employees under notice of potential redundancy of finding another job. This is typically arranged
are entitled to reasonable time off during work through a third-party outplacement provider.

IDS HR Study 902 • September 2009 19


Managing redundancy

The main goals of an outplacement service are to to refer themselves for one-to-one meetings with
improve employees’ job search skills, provide counsellors.
them with some career advice and help them to
Analysing skills and experience
find a suitable vacancy. This can be particularly
An important first step in helping employees find
valuable for staff who have been with the
alternative employment is to identify their skills
company for a long time and are suddenly faced
and experience. Many providers will offer to
with having to find a new job – they may not
meet staff to carry out a detailed personal skills
have updated their CV or attended a job
analysis to evaluate the transferable skills that
interview for years.
employees possess. In some cases, psychometric
Workshops and seminars tests or aptitude assessments may also be given.
Key elements of any outplacement provision are The resulting profile can often highlight possible
the seminars and workshops offered to education and training opportunities individuals
employees. These can be general group sessions may wish to pursue if they are considering
or more focused one-to-one meetings. Typical starting a new career.
seminar or workshop topics include: Improving job search skills
● coping with redundancy Nearly all outplacement providers run group
workshops to offer guidance on general job
● job-search processes search skills, including preparing CVs and
● completing application forms application letters. Some also provide more in-
depth training, such as role-playing exercises
● CV preparation
aimed at improving interview techniques.
● interview techniques
Offering access to available vacancies
● presentation skills The majority of outplacement providers should
● body language have access to a wide selection of up-to-date job
vacancies. These lists should be monitored and
● writing letters/using the phone
positions no longer available should be removed
● assessment centres regularly. Many suppliers either have their own
● financial planning databases of job opportunities or have links to
third-party systems that hold these details.
● effective networking Searchable databases of vacancies are typically
● starting your own business available online, enabling employees to search
for jobs under many different criteria, including
● pre-retirement planning. job type, location and starting salary. Staff may
Additionally, some providers offer training also choose to opt to receive e-mail alerts of any
courses in change management for those suitable new vacancies as soon as these are
managers who are responsible for breaking the added to the system.
news of redundancies. These generally cover An on-site presence
practical issues, such as carefully scripting For major redundancy programmes or site
announcements, and dealing with employee closures, it is common for employers to arrange
questions and reactions. for an outplacement specialist to have an on-site
Providing counselling presence for the duration of the exercise – as at
Komatsu, for example. On-site support affords
Many outplacement providers offer counselling
employees easy access to training and
services to help support staff throughout the
development workshops, as well as any job-
redundancy process. They are often able to be on
searching resources provided by the firm.
site immediately after a redundancy
announcement to provide a ‘pick up’ counselling Wider benefits
service. This is intended to help employees come By arranging outplacement support,
to terms with the news, offer them reassurance, organisations not only offer practical assistance
listen and address their concerns, and generally to those who are being made redundant; they
help them get through the first few days. After also send the right signals to those who remain.
this, employees affected by redundancy – In addition, arranging such support can help
whether directly or indirectly – may be given protect the corporate brand during a time of
access to a confidential helpline or may be able negative press and help demonstrate to existing

20 IDS HR Study 902 • September 2009


Analysis

and prospective employees that, despite making can have a major impact on motivation and
redundancies, the organisation aims to support performance levels and, in the most serious
its staff at all times. cases, lead to stress and depression.
Generally, the cost of providing outplacement Organisations can seek to minimise the impact
assistance is small in relation to the overall on remaining individuals by engaging in honest,
severance costs associated with a redundancy open and regular communication during the
exercise and most employers consider it money process and beyond. It is also important that the
well spent. redundancy selection process used is fair and
objective, and line managers are provided with
Maintaining employee morale training and support to help them deal with any
Due to the effect on employee morale and well- concerns or identified problems in their teams.
being, a large-scale change programme or The worst affected employees may be directed to
redundancy exercise can often have a negative occupational health or an employee assistance
impact on efficiency and business performance. programme for help.
Therefore, organisations may consider
introducing measures to boost employee Preparing for the upturn
engagement and provide additional motivation Employers must also be wise to the danger of
to those staff still in post. Cambridge Building being perceived as too opportunistic during a
Society, for example, implemented a new time of economic recession. If staff feel that the
performance management system following its company has made unnecessary job cuts or
major change programme to help employees handled the process unfairly, this is certain to
perform to the best of their abilities in their new have a harmful effect on engagement and
roles. It also rolled out annual career reviews to morale. Moreover, in such circumstances,
ensure staff are provided with encouragement individuals are more likely to leave their
and opportunities to progress. employer when the economy is out of recession.
If they are to retain skilled and experienced
Avoiding survivor syndrome members of staff in the long-term, it is important
Following a redundancy programme, companies that organisations are seen to do all they can to
need keep in mind the potential impact on those minimise the number of job cuts necessary and
who are left behind. Staff who have kept their explain why any measures to reduce expenditure
jobs often experience survivor syndrome. This have to be taken.

IDS HR Study 902 • September 2009 21


Managing redundancy

Redundancy – legal issues


A redundancy exercise involves a wide range of 33, and varies the amount payable on the basis
legal issues across the employment law of an employee’s age, it will amount to less
spectrum. In the following pages we do not favourable treatment under Reg 3(1)(a) and
cover the issue of an employee’s entitlement to a must be objectively justified as a proportionate
statutory redundancy payment (for details of means of achieving a legitimate aim.
this see the IDS Employment Law Handbook
‘Redundancy’), but instead focus on four The question of what amounts to justification
matters that have attracted the majority of for less favourable treatment or discriminatory
debate and case law in recent years: the PCPs will always depend on the individual
contractual status of enhanced redundancy circumstances of the case. There has, however,
policies; the collective consultation regime been some recent case law to demonstrate that
introduced by the EC Collective Redundancies courts and tribunals are being relatively
Directive (No.98/59); the short-lived statutory sympathetic to employers. In MacCulloch v
dismissal procedures; and the impact of the Imperial Chemical Industries plc and Loxley v
Employment Equality (Age) Regulations 2006 BAE Systems Land Systems (Munitions and
on the redundancy process. Ordnance) Ltd EAT 2008 ICR 1334; 1348 –
cases concerning direct discrimination in
Age discrimination contractual redundancy schemes not covered by
The Employment Equality (Age) Regulations Reg 33 – the then president of the EAT, Mr
2006, which came into force on 1 October 2006, Justice Elias, held that two decisions of
had a profound effect on most aspects of employment tribunals could not stand as they
employment law. In terms of redundancy, the had not undertaken a proper analysis of
Age Regulations called into question the objective justification. However, in remitting the
legitimacy of long-held practices, such as using cases, he gave enlightening views on what
LIFO – last in, first out – as a means of selecting circumstances might give rise to justification.
employees for redundancy, and the payment of In MacCulloch, Elias P endorsed the employer’s
differing levels of redundancy pay on the basis of objective of rewarding loyalty as the reason for
an employee’s age. linking payments to length of service. He also
The definitions of the key concepts of approved the tribunal’s findings that
discrimination are found in Reg 3. First is direct encouraging turnover and creating opportunities
discrimination, which under Reg 3(1)(a) occurs for junior staff are, in principle, capable of being
where ‘on grounds of B’s age’ A treats B less legitimate aims that might be furthered by
favourably ‘than he or she treats or would treat increasing payments for older workers and that
other persons ... and A cannot show the it could be legitimate to pay more to older
treatment ... to be a proportionate means of workers as they are particularly vulnerable in the
achieving a legitimate aim’. Reg 3(1)(b) states that job market. Moreover, the tribunal had been
indirect discrimination occurs where: (i) the entitled to draw on its own experience in this
employer applies a provision, criterion or practice respect rather than looking to the employer for
(PCP) that disadvantages persons of the same age evidence of the obstacles faced by older workers.
group as the claimant when compared to other
Meanwhile in Loxley, Elias P held that excluding
persons; (ii) the claimant is personally
an employee entitled to immediate pension
disadvantaged for that reason; and (iii) the
benefits from a redundancy scheme altogether,
employer is unable to show that the PCP is a
or reducing the benefits paid under it, may be
proportionate means of achieving a legitimate aim.
justified, but that a tribunal would need to
In the context of redundancy, another provision thoroughly assess the impact on the employee.
of relevance is Reg 33. This provides for an Remitting the case, he stated that it might be that
exclusion from the operation of the Age Mr Loxley’s pension entitlement, even if taken
Regulations for those schemes which mirror the earlier than he would otherwise have wished, is
age bands and multipliers that apply to the far more valuable than any redundancy
statutory redundancy payments scheme under entitlement. Although the tribunal appeared to
the Employment Rights Act 1996. Where a have had a lot of financial information about the
scheme is not covered by the exclusion in Reg various benefits, it had failed to analyse that

22 IDS HR Study 902 • September 2009


Analysis

information in its judgment. Also of interest is into the claimant’s contract of employment,
Elias P’s warning that the fact that a scheme is since the Court concluded that it was part of the
collectively agreed does not guarantee that it will ‘financial bargain’ for which the employee
be justified. exchanged his services, and therefore was clearly
contractual in nature.
The Court of Appeal has also considered the
question of objective justification in the case of Collective consultation
Rolls Royce plc v Unite the Union 2009 EWCA
Section 188(1) of the Trade Union and Labour
Civ 387. Rolls Royce sought a declaration that a
Relations (Consolidation) Act 1992 provides
length of service criterion in a collectively agreed
that where an employer proposes to make 20 or
redundancy policy was indirectly discriminatory.
more employees redundant at one establishment
However, the Court refused, holding that the
within 90 days or less, it must consult
inclusion of the criterion pursued a legitimate
appropriate representatives of the employees
aim of rewarding loyalty and creating a stable
who might be affected. Consultation must begin
workforce in the context of a fair redundancy
‘in good time’ and, in any event, where the
selection process. On the question of whether
employer proposes to dismiss 100 or more
the use of the criterion was a proportionate
employees, at least 90 days before the first
means of achieving this aim, the Court observed
dismissal takes effect – S.188(1A). Where an
that that length of service was just one of many
independent trade union is recognised by the
criteria used, was consistent with the employer, consultation takes place with the
overarching concept of fairness, and was not of representatives of that trade union – S.188(1B).
itself determinative of the selection. The Court
further noted that there was no evidence to The extent of the consultation required by S.188
contradict the union’s statement that the was addressed by the EAT in UK Coal Mining
criterion was accepted by younger employees. Ltd v National Union of Mineworkers
(Northumberland Area) and anor 2008 ICR 163.
To some extent, the Court’s decision gives the Prior to this case, tribunals had proceeded on the
green light to employers to continue using length premise that S.188 does not require consultation
of service as a criterion in redundancy selection. about the reason(s) for the redundancy
However, it would still seem to be the case that dismissals. However, after analysing the wording
using it as the sole criterion for redundancy of Article 2(2) of the EC Collective Redundancies
selection would struggle to pass the hurdle of Directive (No.98/59), which S.188 transposed
objective justification. into domestic law, the EAT took a different view.
It considered that the reference in Article 2(2) to
Contractual status of policies ‘consultation over the ways of avoiding
Many employers have policies setting out what redundancies’ clearly envisaged consultation over
will happen, and what employees will receive, in the business reasons behind the redundancies and
the event of redundancies. If such a policy is not simply consultation about the redundancies
included in the contract of employment, it will per se. Moreover, the EAT held, it was possible to
undoubtedly have contractual status, and if an give effect to S.188 so as to achieve the Directive’s
employee does not receive that to which he or aim in this regard: where business closure and
she is entitled, a claim for breach of contract redundancy dismissals were inextricably linked, a
may be brought in the civil courts or an duty to consult over the reasons for closure arose.
employment tribunal.
An employer who fails to comply with the
However, the mere fact that the policy is not statutory requirements for consultation will be
contained in the contract of employment may liable to a protective award of up to 90 days’ pay
not be the end of the matter. In Keeley v Fosroc for each affected employee – S.189(2)
International Ltd 2006 EWCA Civ 1277, the TULR(C)A. In Hutchins v Permacell Finesse Ltd
Court of Appeal held that a clause in a ‘staff (in administration) EAT 0350/07, the tribunal
handbook’ providing for an enhanced exercised its discretion to make a protective
redundancy payment was a contractual term award of 30 days’ pay in a case where the
that could be enforced by an employee. The fact employer had failed to carry out any form of
that the provision was part of a document that consultation whatsoever, and had offered no
included non-contractual matters – such as evidence in mitigation or defence of its conduct.
statements of principles or practice – did not The tribunal believed that it was ‘just and
prevent it from being incorporated by reference equitable’ to make an award which was

IDS HR Study 902 • September 2009 23


Managing redundancy

proportionate to the 30-day consultation period a dismissal will no longer result in the dismissal
that the claimant had been entitled to in the being deemed automatically unfair. From now
circumstances. The EAT, however, overturned the on, most dismissal procedures will be subject to
decision, the tribunal having failed to follow the the new Acas Code of Practice on Discipline and
guidance in Susie Radin Ltd v GMB and ors 2004 Grievance – but the Code does not apply to
ICR 893, which held that a proper approach to a redundancies. Instead, for redundancies, the
case where there had been no consultation was to guiding principles will be those that applied
start with the maximum 90-day protected period, prior to 2004. The leading case is Polkey v AE
and reduce it only if there were mitigating Dayton Services Ltd 1988 ICR 142. There, the
circumstances justifying a reduction. House of Lords established that procedural
fairness is an integral part of the reasonableness
Procedural fairness
test for unfair dismissal. In the words of Lord
A redundancy is a dismissal, and some Bridge: ‘The employer will not normally act
redundancies will inevitably lead to the reasonably unless he warns and consults any
employee claiming that his or her dismissal was
employees affected or their representative,
not fair. One ground of complaint is that
adopts a fair basis on which to select for
redundancy was not the true reason for the
redundancy and takes such steps as may be
dismissal, while another is that the selection
reasonable to avoid or minimise the redundancy
process was substantively or procedurally unfair.
by deployment within his own organisation.’
In 2004, statutory dismissal and disciplinary
procedures were introduced, along with the One aspect of the Polkey decision of particular
sanction of a finding of automatically unfair significance is the Law Lords’ ruling that a
dismissal in cases where an employer had failed procedurally defective redundancy dismissal will
to comply with the procedure. From the outset, not be rendered fair by the fact that, had the
the procedures were not popular, and led to employer followed a fair procedure, it would
complaints that they were complicating, rather have made no difference to the decision to
than simplifying, dispute resolution in the dismiss. While a tribunal should find such
workplace. This problem was keenly felt in the dismissal to be unfair, it is permitted to make
context of redundancy. what is known as a Polkey deduction from
On 6 April 2009, the Employment Act 2008 compensation – a percentage adjustment of the
repealed the statutory procedures, meaning that compensatory award to reflect the chances that
an employer’s procedural failures in carrying out a dismissal would have occurred in any event.

24 IDS HR Study 902 • September 2009


case studies

Page Page
Komatsu UK 25 BT 32
Incommunities Group 29 Cambridge Building Society 34

Komatsu UK responds to recession


Due to the economic recession, Komatsu UK has experienced a significant drop in orders in the past
year and is now predicting a slow recovery period. Despite several cost-cutting measures, it was left
with no alternative but to reduce its workforce. In the first instance, temporary contracts were
terminated and then permanent employees were offered voluntary redundancy. The company was
then forced to introduce a compulsory redundancy programme in January 2009. It has engaged in
full and frank consultations with its employee advisory council and recognised trade union, while
those who were made redundant received a better-than-statutory severance payment and
outplacement support.

Seeking alternatives Asking for volunteers


During 2008, Komatsu UK took a number of The 190 people employed on temporary
measures to prevent compulsory redundancies. contracts were laid off first. Komatsu then asked
These included: introducing a reduced working employees to apply for voluntary redundancy.
week for production employees where hours The company initially offered voluntary
were ‘banked’ to be used at a later date; redundancy on reduced terms in October 2008.
terminating temporary contracts; and extending In January 2009, it asked for volunteers again,
shut-down periods. The company operates fixed offering the full Komatsu redundancy scheme
holiday periods in May, July and October each that applies when there are compulsory
year. As part of its bid to avoid redundancies, its redundancies.
two-week summer holiday in July 2008 was
extended by one week, which was brought The company accepted a total of 92 voluntary
forward from 2009 holiday entitlement. applications for redundancy. ‘We did our best to
accept any requests as we prefered to lose
Despite the cost-cutting measures that were employees who wanted to go,’ says Wilson. ‘We
implemented, the number of people employed at only had to refuse two applications because the
Komatsu’s main site in Chester-le-Street became individuals involved had specific skills that we
untenable due to a fall in orders and projected needed to keep.’
sales figures. ‘We’ve maintained a job-for-life
culture for many years,’ says Tracey Wilson, HR
Manager at Komatsu. ‘And apart from a small The redundancy programme
number of employees that we’ve had to let go Unfortunately, with insufficient volunteers for
over the past few years due to minor redundancy, Komatsu was forced to carry out a
restructuring, this is the first time there has been programme of compulsory redundancies. This
a large-scale programme of redundancies. We affected all groups of staff, including 33 ‘direct’
did everything we possibly could to hold off roles (ie those on the shopfloor) and 14 ‘indirect’
making compulsory redundancies.’ roles (ie those in support functions, such as sales
and marketing, health and safety, and accounts).
Forced to reduce headcount
Komatsu has reduced its workforce by more About Komatsu UK
than 50 per cent in just over a year – from 689 The Komatsu Group was originally established in
people in March 2008 to 301 in June 2009. ‘We Japan in 1921. It is one of the leaders in the
had employed people at a boom time when we construction, mining and utility equipment
had lots of orders,’ says Wilson. ‘But industry, manufacturing products, such as loaders,
unfortunately when the recession hit and our excavators, and bulldozers. The Komatsu UK plant
business was badly affected, we eventually had in Chester-le-Street (near Durham) opened in 1985
to reduce our headcount.’ and now employs around 300 people.

IDS HR Study 902 • September 2009 25


Managing redundancy

Managing redundancies just the beginning and our intention was to close
Wilson took the lead in managing the down the site,’ says Wilson. ‘So we made it very
redundancy programme. ‘At the time, we had clear that this was not the plan.’
two new members of the HR team,’ she explains. Komatsu recognised the importance of
‘They weren’t fully CIPD qualified and only had informing employees why compulsory
limited experience in dealing with such matters. redundancies were necessary. They were briefed
Therefore, I provided the HR team with training by their line managers on how many orders had
sessions to explain the redundancy process and been placed, and what this meant in terms of
its role.’ performance and projected sales figures. ‘If
employees can see for themselves why such
Announcing redundancies
action has to be taken, they are more likely to
On 19 January 2009, the company announced respond better to the news,’ says Wilson.
the first round of compulsory redundancies. The
morning followed a strict timetable, which Consulting with employees
detailed exactly who would be informed at what Consultation with employees took place over a
time, by whom and where. The directors and 30-day period. All meetings were conducted by
senior managers were informed first, followed individuals’ line managers with a member of HR
by communication to the company’s recognised
present. If managers felt that they needed
trade union (Unite) representative and its
additional support in conducting interviews,
Advisory Council Co-ordinator.
members of the HR team provided them with
‘If you look at our timetable, you may think we individual coaching sessions.
were being overly pedantic,’ says Wilson. ‘Yet it
ensured that we informed all employees Selecting employees
correctly before any rumours had the The selection criteria and redundancy pools
opportunity to do the rounds.’ were agreed by 30 January 2009. The first
individual formal consultation meetings were
Informing certain affected individuals first
held on 3 and 4 February. A final decision was
Komatsu then informed employees who were in then taken and employees were informed of the
roles that were proposed as redundant and decision by the end of February.
where the individual concerned was the only
person doing that particular job. ‘We didn’t Agreeing selection criteria
want an employee sitting in a room full of their The selection forms were initially based on the
colleagues and realising from what was said that company’s standard form used by managers
it was their unique role that was being proposed when they apply to convert a temporary member
as redundant,’ says Wilson. ‘By arranging one- of staff to a permanent employee. As part of the
to-one meetings, individuals had the consultation period, Komatsu agreed the final
opportunity to respond to the news in private selection criteria with the Unite representative
and ask any questions directly relating to them.’ and its staff advisory council. The long-
established advisory council is made up of 11
Ensuring a consistent message
representatives from each department and meets
A company-wide announcement was made at with HR and management on a monthly basis.
11.30am on the same day. Managers were The representatives are elected by employees and
provided with a written statement to read out to do not have to be members of Unite. ‘Involving
their teams to ensure that a consistent message the council helped us engage staff in the whole
was given to all. They were also equipped with process – they felt like we listened to their
a list of questions and answers to help them opinions,’ says Wilson.
respond to employees’ concerns. ‘I think staff
expected that there would be redundancies so The selection criteria
for many of them the announcement didn’t come The agreed selection criteria were:
as a shock,’ says Wilson. ‘In fact, some feared
that it would be much worse.’ ● length of service
● skills and ability
Reassuring staff
The announcement to all staff contained a clear ● reliability and dependability
statement about the future of the plant. It ● sickness absence
reassured employees that Komatsu had no
intention of closing down the site or ceasing to ● timekeeping
trade. ‘We pre-empted any fears that this was ● performance.

26 IDS HR Study 902 • September 2009


Komatsu UK

Taking a final decision


Redundancy payments
Prior to a decision being taken, managers
Employees at Komatsu UK with more than two conducted final individual consultations with all
years’ continuous service are entitled to a lump
those who were in jobs that were identified as at
sum calculated according to their age, length of
risk. During these meetings, staff were presented
continuous service and salary, as follows:
with their scores against each of the selection
● for each complete year of continuous service
criteria. This allowed individuals a chance to talk
between the ages of 18 and 21 – one week's
basic pay (not including any bonus or overtime with their managers about their rankings and
payments) discuss how the selection criteria had been applied
● for each complete year of continuous service in their case. They were also given the opportunity
between the ages of 22 and 40 – two weeks’ to challenge their ratings if they did not feel they
basic pay adequately reflected their skills and competencies.
● for each complete year of continuous service
between the ages of 41 and 65 – three weeks' ‘In some cases, these discussions affected the
basic pay. ranking of individuals in a selection pool,’
explains Wilson. ‘If employees moved up in the
The final criterion, performance, included: rankings after their final consultations,
quality of work; rate of work; safety and inevitably others moved down. So we talked
housekeeping; improvement activities; with all staff about their individual ranking no
disciplinary record; planning and organisation matter where they were placed in the selection
abilities; and drive and commitment. How this pool, rather than just to those with the lowest
criterion was used to assess individuals often rankings. We felt that this was the fairest way to
depended on the nature of their role. For complete the process and gave us the
example, the rate of work was recorded for opportunity to inform all those in pool at the
employees working in assembly. However, same time. Then a final decision was taken and
managers were advised to think carefully about all staff informed.’
how the criterion was applied and provide an
explanation of why a particular score had been Redeploying staff
given to each individual. There were limited opportunities for staff to be
redeployed as there were only seven open
A weighting was agreed for each criterion. vacancies at that time. These job openings were
Service, for example, was given a low mainly due to voluntary redundancies. Staff
weighting, while performance was given a high were encouraged to apply for positions that they
one. All those in the selection pool were given a considered suited their skills and experience. The
score of between five and 12 points for each vacancies were mentioned in consultation
criterion and then ranked in order of their total meetings, where appropriate, and advertised on
score. Those selected for compulsory the staff noticeboard. Any suitable candidates
redundancy were those with the lowest rankings for such positions who had left the company due
in each selection pool. to redundancy but who might be interested in
Completing the forms applying were sent details of the vacancies to
their home address.
Team leaders were given the responsibility to
complete the selection forms. These were then
Appealing against the decision
reviewed and checked by supervisors. To ensure
that the criteria had been applied consistently to If employees wished to make an appeal against
all staff, the HR Department also evaluated all a redundancy decision, they were asked to put it
the completed selection forms. in writing to HR. The appeals were reviewed by
the level of management above that which
Levelling the results completed the selection forms. An internal
Where staff were doing similar work in different investigation took place and the manager either
areas of the business, HR and line management rejected or upheld the original decision. The
completed a levelling exercise. For example, the individual who appealed was notified of the
company employed fabrication staff in two decision in writing and no further appeal was
separate teams. ‘We wanted to keep our best then permitted.
performers by ensuring the criteria had been
fairly and consistently applied by managers in Providing outplacement support
each area,’ says Wilson. ‘To do this, HR sat On-site outplacement support was provided by
down with both managers and went through an external supplier – Right Management – for
their scoring methods and reasons.’ those made compulsorily redundant. The

IDS HR Study 902 • September 2009 27


Managing redundancy

provider conducted initial one-to-one briefings that employees understood why the redundancies
with staff to find out what help they required. It were necessary and felt that we handled the
then helped employees to prepare their CVs and process in the right way,’ says Wilson.
search for jobs. ‘By giving them this practical
advice and remaining sensitive to their feelings,
the outplacement support helped to rebuild the
Future plans
confidence of those affected,’ says Wilson. ‘The Reducing ongoing expenditure
providers have a strong background in HR and
Komatsu has negotiated with its advisory council
have often been through the experience
and Unite a number of ongoing cost-cutting
themselves so are able to provide good advice
measures that can be taken, if necessary, to limit
and relate to individuals.’
the need for any further redundancies. These
Encouraging employees to access the support include a lay-off policy, which provides for up to
Wilson noted that a small number of employees four weeks of unpaid leave for all staff during
were reluctant to use the service on offer. ‘Some 2009. In addition, from May to July 2009,
employees understandably lacked self employees are taking Fridays as unpaid leave.
confidence after being made redundant, which ‘Friday is our shortest working day of the week,’
stopped them from seeking the help offered by says Wilson. ‘We will continue reviewing this
the provider,’ she says. ‘In such cases, a member arrangement on a monthly basis but, as we are
of the HR team contacted them to talk to them predicting a slow recovery, we have negotiated
about the benefits of the service and encourage that the policy will run until March 2010.’
them to get the support.’
Giving back to the local community
Further redundancies ‘We’ve had to significantly reduce production
A second wave of redundancies, affecting just and despite the redundancies employees are not
over 50 members of staff, was announced in yet fully deployed in all areas,’ says Wilson. To
February 2009. This was required because of a keep employee morale and engagement levels
strategic decision by Komatsu UK’s parent up, HR has set up community projects for
company to centralise the remanufacturing part employees to get involved in. For example, a
of the business and reorganise the design and team of staff are working at a school for children
development functions within Europe. with special needs to improve its playground
The consultation period for this group followed equipment and external grounds.
the same pattern, but took place over a longer
period due to the timing of the changes taking Preparing for recovery
place and the total number of employees affected. During the quiet period, the company is also
taking the opportunity to provide staff with
Gauging employee morale training and development opportunities. It has
The company first achieved Investors in People used government funding to put employees
accreditation in 1991. It is reassessed on an through the Train to Gain scheme. ‘We’ve
annual basis and uses these regular reviews as a focused on improving employees’ business and
business improvement tool. As part of the annual enterprise skills. We feel that we can learn from
assessment in June 2009, employees were this experience. We need to become as fit and
interviewed by an external assessor. They were lean as possible during this slow period so that
asked how they felt about the redundancy we’re stronger and ready for the challenges
programme. ‘The assessor’s feedback to us was ahead,’ concludes Wilson.

28 IDS HR Study 902 • September 2009


Incommunities

Incommunities agrees voluntary redundancies


Following a review of governance arrangements and procedures within the organisation,
Incommunities identified a small number of redundant positions. Most of the necessary cuts were
achieved through three separate voluntary redundancy programmes. The company also redeployed
a small number of employees who were affected by the restructuring exercise in a bid to avoid
compulsory redundancies.

As a housing association, Incommunities’ main its recognised trade unions at an early stage. The
objective is to provide the best service possible to redundancies affected three separate groups of
customers and the community. However, the staff. The first trawl followed a review of the
organisation also believes that it is important to senior management structure and applications
become more commercial in its approach and from employees at principal officer grade or
increase revenue to promote future growth. In above were invited. The second round of
2005, it began reviews of its governance voluntary redundancies was open to all office-
arrangements and structures, and its processes based repairs and maintenance staff, and the
and procedures to increase efficiency and reduce third to a limited number of posts in
the number of actions required to respond to neighbourhood services.
repairs requests. As a result, it identified a need
to reduce the overall number of posts. Asking for volunteers
Initially, Incommunities used natural wastage Incommunities announced the voluntary
and terminated contracts with agency staff to redundancy programmes in its staff newsletter.
reduce headcount. A few of the employees In response, it had more applicants for
affected by the restructuring were placed on a redundancy than there were positions identified
redeployment list and encouraged to apply for as at risk. ‘As we have a large number of
suitable positions available across the employees aged over 50 who have been with the
organisation. However, voluntary redundancy company for a long time, the opportunity to take
trawls in three areas of the business were the voluntary redundancy proved an attractive
main tools for achieving the further job cuts proposition for many,’ explains Laycock.
required. Over the last four years,
Incommunities has accepted 67 applications for Selecting on the basis of required skills
voluntary redundancy, reducing its workforce to Once the applications were received, managers
1,026 employees in March 2009. completed a standard form for each individual.
This outlined the business case for either
Communicating with staff
supporting or rejecting the applicant. The form
Incommunities recognises five trade unions: asked for information on, for example, their
Unison; GMB; TGWU; Unite; and UCATT. It
performance records and adaptability. It also
holds joint consultative meetings with union
representatives every six weeks. It also has About the Incommunities Group
regular meetings with the union representatives
in each of its operational areas to discuss local Incommunities aims to provide affordable and
issues. The governance review, cost-saving high quality homes. It currently employs just over
1,000 people.
measures, redeployment of staff and the
voluntary redundancy programmes were History
included on the agenda at these meetings. ‘These In 2003, Bradford Community Housing Trust Group
discussions with the unions proved very (BCHT) was formed and took over management of
constructive,’ says Susan Laycock, Director of around 24,000 homes, which were previously
Human Resources at Incommunities. ‘I think it owned by Bradford Council. Due to the size of the
was really important to manage the change in organisation, BCHT was set up as group structure
with eight separate companies, each of which was
the best way possible. That meant keeping
an employer in its own right and had its own
employees informed from the outset and then
board. This meant that that there were around 100
communicating with staff and their union board members.
representatives on a regular basis.’
Following a governance review, which was
completed by 2006, BCHT became one
Voluntary redundancies organisation with two boards – a group board and
The organisation discussed the need for a housing association board. In 2008, BCHT was
voluntary redundancies with representatives of rebranded and became Incommunities.

IDS HR Study 902 • September 2009 29


Managing redundancy

asked managers if they would lose skills,


The redundancy policy at Incommunities experience or knowledge that they could not
Avoiding compulsory redundancies replace by any other means. The information
Incommunities policy establishes that it seeks to avoid compulsory provided had to be objective and supported by
redundancies wherever possible. Its policy states that ‘all other documented evidence.
avenues must be explored to ensure that compulsory redundancy is a
To select individuals for voluntary redundancy,
last resort’.
Incommunities based the decision primarily on
Revising the policy each applicant’s relevant skills and experience
When Bradford Community Housing Trust Group was formed in 2003 against the requirements set out by their line
(before its rebranding as Incommunities), employees were transferred manager. ‘We had to think very carefully about
under TUPE from Bradford Council and the existing redundancy policy what we took into consideration,’ says Laycock.
was retained. The policy was then revised following the introduction ‘So we looked objectively at how our service
of age discrimination legislation in 2006. ‘We had to come up with a would be affected if we lost each individual.’
voluntary redundancy package that was broadly comparable to
previous arrangements so the terms wouldn’t represent a breach of Consultation periods
contract,’ explains Susan Laycock, Director of Human Resources at Employees accepted for redundancy went
Incommunities. ‘But we had to balance this with the good practice
through a full consultation, involving two or, in
requirements set out by Schedule One of the Housing Act, and the
some cases, three meetings. These were attended
Good Practice Notes issued by the Housing Corporation, which state
that an employee can’t receive more than a year’s pay as part of a by line managers and HR. Laycock found that
severance package.’ two meetings were generally enough to cover all
the relevant information. In these discussions,
‘As a caring and responsible housing association, we always put our
customers’ views first,’ continues Laycock. ‘It would therefore not be she explained how the redundancy payment had
appropriate to pay out large sums of money to employees, particularly been calculated and informed them that they had
in a difficult economic climate.’ two options – a one-off lump sum or an
augmented pension (see the box opposite).
Voluntary redundancy arrangements
Managers were required to complete a standard
Staff who have been accepted for voluntary redundancy are given two
options. Their first option is to accept a one-off lump sum, calculated form to record the main points of discussion,
by multiplying length of service by 2.2 weeks’ pay up to a maximum of any actions to be taken following the meeting
66 weeks’ pay. The calculation is based on pensionable pay, including and when the employee had received all the
any contractual overtime. necessary documentation.
Alternatively, they can choose to forgo a one-off lump sum in favour One-to-one meetings were also arranged with
of requesting Incommunities to purchase augmented pension service employees whose applications were rejected to
on their behalf. In this case, they receive the statutory minimum explain the reasons behind the company’s
redundancy payment, based on age, length of service and the set limit decision. ‘Obviously, some applicants were upset
for weekly pay. The difference between the one-off lump sum
that they hadn’t been accepted,’ says Laycock.
available in option one and the statutory redundancy payment is used
‘But we weren’t in a position to let everyone who
to purchase augmented service. There may be an adjustment to the
sum available for augmentation to reflect any additional costs the
had applied leave.’
organisation may incur and ensure that both options cost the same.
Withdrawing an application
The policy reminds employees that members of the HR team and the
Individuals were reminded during consultations
pension fund scheme managers are not able to give financial advice.
that it was their personal decision to apply for
Therefore, it recommends that they discuss their options with an
independent financial adviser.
redundancy and entirely voluntary. They were
given the option to withdraw their application up
Compulsory redundancy payments to a defined ‘point of no return’. The cut-off was
The payment for compulsory redundancy is the statutory minimum, set as the point at which the final options forms
based on age, length of service and the set limit for weekly pay at the needed to be sent to the West Yorkshire Pension
time. The current formulae are: Scheme – shortly before the agreed leaving date.
● half a week's pay for each full year of service where age during the
year is under 22 Appealing against a decision
● one week's pay for each full year of service where age during the Employees who were declined voluntary
year is between 22 and 40 redundancy were offered the right to appeal.
● one and a half weeks' pay for each full year of service where age They were required to submit their appeal in
during year is 41 or older. writing within 15 days of receiving the
The current limit is £350 for gross weekly pay and statutory payments confirmation of the decision. ‘With hindsight, I
are subject to a maximum claim of 20 weeks' service. Employees made think that this wasn’t entirely appropriate as it
compulsorily redundant are not eligible for a lump sum compensation would have been difficult to change our
payment or augmented pension. decision,’ says Laycock. ‘In retrospect, we
should have left a few more positions to play

30 IDS HR Study 902 • September 2009


Incommunities

with in case of appeal. That said, the procedure be suitable. At this meeting, she also asks
did give employees the chance to talk to us about individuals where they would like the details of
how they were feeling. We were able to offer any suitable jobs to be sent. Employees can
them any necessary support to prevent them choose to be accompanied to the meeting by a
from becoming demoralised.’ trade union representative or colleague.

Farewell gathering Applying for jobs


As many of the employees leaving voluntarily had Employees are encouraged to apply for jobs that
been with the organisation for a long time, broadly match their skills and experience and
Incommunities put on a farewell gathering to are at the same grade as, or at a lower grade
thank them for their contribution and to give than, their existing role. ‘Some employees are
their colleagues a chance to say goodbye. ‘We reluctant to move positions, but we provide
invited their partners and family members along reassurance and talk to them about why the
and presented each of them with a small gift,’ says change is necessary,’ says Laycock. ‘It is in their
Laycock. ‘These small personal touches can make own interest to apply for suitable jobs within the
all the difference to those leaving and show those organisation as unfortunately the alternative is
staying that we are a caring employer.’ potentially compulsory redundancy.’
Managers follow the standard recruitment
Offering support to leavers process and interview suitable candidates.
All employees who were made redundant were However, they may appoint an employee if he or
given information, advice and guidance on she meets most, rather than all, the essential
applying for other jobs, undertaking voluntary criteria on the person specification – the gap in
work, and taking up new hobbies and interests. skills can be bridged by additional training and
Most of the leavers indicated that they would be development. If after three months an individual
looking for part-time work only or retiring has not found a suitable position, his or her role
completely. They were also directed to a local may then be considered redundant. The employee
charity that offered more in depth advice on the is provided with a three-month notice period.
same topics.
Red-circling pay and benefits
Incommunities also offered a two-day pre- Where employees are redeployed to a job at a
retirement course to employees. The course lower grade, their basic salary and benefits are
offered practical advice on how to prepare for protected for five years. They are provided with
retirement, help on managing finances, and a one-month trial period in the new role to ensure
information on pensions. ‘It was very popular that the move is acceptable to both parties. If the
with employees of all ages,’ says Laycock. ‘We new position is not acceptable, discussions take
encourage people to start thinking about their place to understand why this is the case. If there
retirement in their thirties so they are prepared is a genuine mismatch of skills and experience to
when the time comes. Many of our employees the requirements of the job, further
found these sessions very useful when deciding redeployment opportunities are considered.
whether or not to apply for voluntary ‘However, not liking the job is not an acceptable
redundancy.’ The company also offered career reason for the redeployment to be considered
counselling and an off-site outplacement service, unsuccessful and, in such cases, redundancy is
provided by EEF (the Engineers Employers the only alternative,’ says Laycock.
Federation) to managers displaced as a
consequence of the review of the senior structure.
Morale maintained
Incommunities believes that, in the main, the
Redeploying staff redundancies and cost-saving measures have not
A few employees who were in ‘at risk’ jobs were had a negative effect on staff morale. ‘We made
placed on a redeployment list. Redeployment is sure that employees didn’t feel as though they
also used by the company in certain other cases, were being forced out as we gave them the
such as following disciplinary procedures or due opportunity to change their minds and withdraw
to medical reasons. their application. By handling it this way,
employees weren’t threatened and trust between
Informing employees management and the workforce hasn’t been
Once staff are identified as candidates for broken. We make thirty-year business plans, so
redeployment, Laycock arranges a meeting with we are prepared for the coming years and
them and their line manager to discuss the positive about the future of Incommunities,’
process and provide details of any jobs that may concludes Laycock.

IDS HR Study 902 • September 2009 31


Managing redundancy

BT offers redeployment and time out to cut costs


The impact of the economic recession on BT’s business has forced it to make job cuts. However, the
company aims to retain as many of its key staff as possible to put it in the best position possible
when the upturn begins. The company is using a flexible workforce model to enable it to respond
quickly to changes in demand and redeploy highly skilled people. To reduce labour costs, it has
introduced a new time out package, which includes sabbaticals on reduced pay and other flexible
working arrangements.

Due to tough business conditions and a fall in offers a level of pay protection for redeployed
demand for its services, BT reduced its workforce staff. But in this particular case, as both groups
by over 15,000 in 2008. The company has of staff were on the same grade with equivalent
calculated that it will require around 15,000 salaries, this was not an issue.
fewer people by the end of 2009/2010 financial
year. ‘Unfortunately, we are not in a position ‘If staff are willing to be flexible and accept
where we have a choice about this,’ says Tom changes, so far we have generally been able to
Keeney, Director of Employee Relations at BT. find a position within the organisation for them,’
‘So far, we have focused on reducing contractor continues Keeney. ‘To succeed during this
and agency staff and are doing our best to reduce difficult time, we have tried to get the whole
the number of direct employees through attrition organisation to pull together and become
and voluntary means.’ stronger as a unit.’

Despite the necessary reductions, BT remains Loaning staff to other companies


focused on retaining as many of its highly skilled BT has also rolled out a scheme whereby
and experienced staff as possible. ‘It’s expensive
employees are loaned to other companies. It uses
to let good people go, when you consider the cost
an employment agency to co-ordinate this
of leaver payments. And if you then have to hire
activity. The agency finds six to 12 months’
people with similar skills when demand is on the
work for the chosen employees. The individuals
increase again, you also have the expense of
are paid by the host company but retain their
recruiting and training someone else,’ says
employment with BT. The employees can be
Keeney. ‘We’ve been looking at ways to keep
hold of key employees and reduce labour costs by asked to change their current working practices
redeploying and retraining skilled workers, and but retain their pay and conditions, which BT
by offering a range of flexible working options.’ recovers from the other company.
This arrangement works particularly well with
Redeploying individuals employees who the company has found difficult
BT’s resource model helps the company to keep to redeploy, such as those located in remote
track of what skills are needed across the areas. ‘We’re only talking about a few employees
business and what people it has available at any here,’ says Keeney. ‘We don’t want these people
one time. ‘We have a fairly sophisticated budget to leave because we know we may need their
and planning model, which allows us to respond skills in the future. It is inevitable that a few will
quickly in the short-term and plan for highs and decide that they want to continue working with
lows in demand for skills in the long-term,’ says the host company – that’s a risk we take. But the
Keeney. expectation is that they will return to us with a
In one area there could be a surplus of a wider range of experiences and new skills.’
particular skill, while in another there is a
shortage. BT tries to use retraining and Time out package to reduce costs
redeployment to move labour to where it is BT introduced a ‘time out’ package in June
needed. For example, some customer service 2009. This offers staff the opportunity to adapt
engineers were redeployed to its call centre for
this reason. ‘Like many other companies, About BT
attracting and retaining skilled people for our BT is a provider of communications solutions and
call centre can be difficult,’ says Keeney. ‘We services, operating in 170 countries. It consists
provide full training for the engineers before principally of seven lines of business: BT Global
they move and we find that their technical Services, Openreach, BT Retail, BT Design, BT
knowledge helps us to provide an even better Operate, BT Fleet and BT Wholesale. The company
level of customer service on the phone.’ BT employs over 100,000 people.

32 IDS HR Study 902 • September 2009


BT

their hours to suit them and improve their work- Applying to work flexibly
life balance. Meanwhile, the company hopes to Not all options are available to all staff. BT has
benefit by reducing labour costs. The package targeted the groups it thinks particular
brings together some existing flexible working arrangements will appeal to most. Employees
arrangements that have been offered by the who are eligible submit an application, which is
company for some time and a couple of new then signed off by the individual’s line manager
initiatives. and HR. ‘It’s only been running for about six
weeks,’ says Keeney. ‘The take up has been
The company runs a quarterly staff survey as a
moderate so far – but that’s what we expected.
way of listening to employees’ views and taking
We’re aware that not everyone is in a position to
feedback onboard. It used this to gauge potential
take a drop in salary. However, some employees
levels of interest in its new flexible working
are benefiting from working reduced hours and
initiatives before they were introduced.
welcome the opportunity to take some time out.’
Part-paid sabbaticals
The use of the time out options in each area of
As part of the time out package, BT has BTs business depends on the needs of the
commenced a pilot whereby small numbers of customer and the demographics of the group.
employees can now apply to take a sabbatical ‘We wanted employees to be aware of what
usually for a period of three to six months on options are available to them,’ says Keeney. ‘But,
25 per cent of their normal salary. They are able to at the same time, we know from our research
spend the time as they wish – for example, taking that for some front-line staff what we are
an extended holiday, looking after family or offering is not of interest, either for financial or
pursuing personal interests. The main exception personal reasons. For some groups of staff, these
to this is for activities that represent a conflict of options are not available because we need the
interest, such as working for a competitor. employees to be there full-time for operational
Reduced working hours reasons.’
The time out package also now includes the Engaging staff in a recession
option of reducing normal working hours.
Employees taking this option receive a financial ‘The economic recession has forced us to make
incentive in the form of a one-off payment. The some difficult decisions. We’ve had to seek ways
amount depends on the reduced hours agreed. of reducing cost – and wherever possible have
done so without making redundancies,’
Their salary is pro rated on the basis of the concludes Keeney. ‘At all times we have tried to
number of contracted hours. The hours worked maintain two-way communication with our
vary to suit the individual. For example, some workforce and a good professional relationship
employees who have children have applied for with the trade unions. We recognise that it is
term-time working to help them save on absolutely vital that we continue to engage our
childcare costs and better manage their family employees if we are going to prosper as a
responsibilities. business in the long-term.’

IDS HR Study 902 • September 2009 33


Managing redundancy

Successful restructure at Cambridge Building Society


At the end of 2007, Cambridge Building Society announced a major change programme to improve
its performance, increase its service and maximise the potential for an independent and sustainable
future. As a result, a new structure provided a number of newly created positions, and a small
number of redundant roles were identified. While the impact of the recession on its business has
been minimal, the Society had to make redundancies in its business development team in the
autumn of 2008. To soften the blow to affected individuals, it offers better-than-statutory
redundancy payments and outplacement support.

Managing change Director provided monthly updates


supplemented by quarterly presentations to the
Following the appointment of Stephen Mitcham
board. In addition, one of the Non-Executive
as Chief Executive and Director in 2007,
Directors acted as ‘well-informed director’.
Cambridge Building Society conducted a full
strategic review of its operations. Its aim was to
Restructuring the branch network
ensure that it was in a position to deliver a
sustainable and financially strong performance. As part of the changes, a ‘branch optimisation’
The review resulted in a large-scale restructuring work stream was established. An outcome of
exercise, which led to 16 redundancies. this was the development of a new tiering system
for the society’s branches. The branches were
Announcing the restructuring allocated to tiers on the basis of the local
Cambridge Building Society announced its customer base, opportunities for new business
intention to review its business using a company- and sales performance. Ten branches were rated
wide presentation in December 2007. as tier one and the rest as either tier two or three.
Employees were then kept informed of any The Society then implemented its new structure
further developments on a regular basis to match the tiers.
throughout the following year via internally
New roles
appointed communication co-ordinators.
A range of new positions were created to fit with
At the end of 2008, the Society formally the new structure and replace existing jobs.
presented the details of its change programme, Most of these were on an equivalent level, while
explaining to all employees how it would work some offered greater scope for employee
and the effect on them as individuals. ‘We progression. Functions at the Society’s head
viewed the restructuring programme as bringing office were also restructured. The Society
in exciting opportunities to improve our created job descriptions to match each new
business, and offering employees the chance to position.
take on additional responsibilities and develop
their skills,’ says Louise Bateman, Head of ‘While the restructuring programme meant that
People at Cambridge Building Society. the Society had to cut jobs in some areas, it also
‘Obviously, change can be daunting for staff so allowed us to offer better career opportunities
we ensured that they were given advance notice for many employees,’ explains Bateman. ‘For
and plenty of detailed information to better example, the role of Branch Manager was
prepare them for the restructuring. We didn’t
rush the programme and engaged in honest, About Cambridge Building Society
open communication with all those affected to The Cambridge Building Society is an independent,
allay any concerns.’ local, mutual Society. It aims to offer competitive
rates to both savers and borrowers; and to provide
Overseeing the programme a market leading service to the community from
The Society appointed a Change Programme conveniently situated branches. It employs over
Director to manage the restructuring process. A 175 people.
steering committee was also established to The Society’s head office remains in the centre of
ensure good project governance and oversight of Cambridge and supports a strong branch network
deliverables, timescales, budgets and resources. in the local area, including several branches in
The change programme had 13 separate work Cambridge – branches in the majority of nearby
streams overseen by work stream leaders who towns, such as Ely, Newmarket, Soham and St Ives –
were drawn from across the Society’s executive and a further 11 branches in surrounding villages.
and management team. The Programme The Society has £1 billion of assets.

34 IDS HR Study 902 • September 2009


Cambridge Building Society

introduced in our tier one branches that were


Introducing a redundancy policy
previously managed by a supervisor, offering
employees the chance to apply for a promotion.’ Cambridge Building Society established its redundancy policy in 2008.
‘We introduced a policy at this time because the recession and our
impeding restructuring exercise meant that this was the first occasion
Closing branches
in our 158-year history we’d had to consider making redundancies,’
During its strategic review, Cambridge Building says Louise Bateman, Head of People at Cambridge Building Society.
Society identified four of its 23 branches that The Society conducted research into the redundancy policies at local
were not performing to expected business levels. firms and within its industry to ensure that the package offered would
Based on its research, it decided that these be comparable to similar organisations. ‘We got feedback that many
branches did not have the potential to improve. local organisations were giving payments at the statutory minimum
‘Our branch network remains at the heart of our level because of the impact of the recession on their business,’ says
business,’ says Bateman. ‘But we wanted to Bateman. ‘However, we decided to offer a more generous package to
reflect the contribution over the years from our employees.’
ensure that we were using our resources to their
best potential.’ Bateman drafted the policy document and asked a local law firm to
verify that it complied with relevant legislation. The final version was
The Society closed the branches on 31 May introduced and made available to staff on the Society’s HR intranet.
2009. All staff in these branches were identified The policy is designed to ensure that staff are fully consulted and
as ‘at risk’ of redundancy. However, due to the given the chance to make suggestions, and consider other
initial restructuring programme, there were opportunities. ‘We feel it is very important to provide as much
newly-created positions at other branches that information as possible as we recognise this is a very difficult time,’
had been held. ‘In the end, only a handful of continues Bateman. ‘As we provide enhanced payments, we offer
employees who were not found a suitable role in these within a compromise agreement. This means that the employee
is fully informed and the Society is protected.’
another branch or did not want to move were
made compulsorily redundant,’ says Bateman.
Considering alternative roles
Applying for the new positions In cases where employees’ applications for new
All employees were provided with information roles were unsuccessful, they had a further
about the new positions. They were then asked meeting with Bateman or a member of the HR
to submit their CVs and completed application team, and their line manager. At this meeting,
they were given full feedback on why they were
forms for any suitable roles. To help them in
not suitable for the particular role. They were
applying for the jobs, they were provided with
then offered any alternative roles that matched
training on how to prepare an application form,
their skills and experience. In some instances,
create a CV, perform at interview and give a employees were required to have a further
presentation. ‘We didn’t want employees to feel interview with the line manager of the
nervous about the process or think that we were alternative role.
trying to trip them up,’ says Bateman.
Redeploying staff
Matching employees to roles Most employees, who worked in one of the
The Society used an assessment centre approach branches that was closed down, were successfully
to match employees with jobs in the new relocated to another branch. All of the Society’s
structure. The assessment centre comprised: branches are located within a 20-mile radius of
the Cambridge area. Therefore, employees are
● a robust competency-based interview
generally able to commute to all branches from
● psychometric analysis their home address. If they were moved to a
● observed role plays different branch and this involved additional
mileage on top of their normal commute, the
● a presentation (for those applying for jobs at
Society compensated them for the increased
supervisor level or above).
travelling cost. Staff who were redeployed to a
‘One of our objectives was to ensure that we had role in a different branch were given a six-week
the right people doing the right jobs,’ says trial period, at the end of which they could chose
Bateman. ‘Therefore, we designed the to stay on or opt for redundancy.
assessments so we could understand the skills
and talents of our employees better and take a Seeking to limit redundancies
more objective approach to how we matched The Society sought to limit the number of
them to positions within the new structure. This redundancies by reviewing the contracts of all
process worked well and we now use it in the temporary staff, and through natural wastage.
recruitment of external candidates.’ ‘Because four branches were due to close, we

IDS HR Study 902 • September 2009 35


Managing redundancy

about making our business work more


Responding to the economic recession effectively, rather than reducing headcount.’
Cambridge Building Society believes that, due to its careful
management of risks, it has not been too badly hit by the recession. ‘As
At the branch level, ten individuals were made
a mutual organisation, we’re not out to make huge profits,’ says Louise compulsorily redundant. This was necessary in
Bateman, Head of People at Cambridge Building Society. ‘We follow cases where there were no suitable alternative
the mutual ethos and put our members first. We have avoided taking jobs available or an employee was not interested
risks with the products and services that we offer. Unfortunately, we in applying for a different role within the new
did have a drop in business levels as a result of the downturn and that structure.
led to a small number of redundancies in one team.’
The Society established a redundancy policy in
In late 2008, the Society identified three management positions in its
business development team as redundant. These positions involve
2008 offering better than statutory redundancy
liaising with property development and mortgage brokers in the local payments (see the box on page 35). This was
area to attract new mortgage business. ‘Because of the fall in the applied for all employees made compulsorily
market, we simply weren’t able to keep the team at the size it was,’ redundant. The Society ensured that all
says Bateman. employees facing redundancy were consulted
The following criteria were used to rank individuals in the selection pool: with fully. It also asked them to sign compromise
● attendance record
agreements to manage the risk of a claim.
● performance and quality of work Providing outplacement support
● qualifications and experience Those employees who were made redundant
● relevant skills and competencies were offered off-site outplacement support. The
● general conduct and attitude service was run by a local consultancy with
● versatility and adaptability expertise in this area. It offered staff advice and
guidance on preparing their CVs and searching
● disciplinary record.
for a new job. The consultant also helped
Employees in the pool were given a score against each criterion and employees to hone their interview skills and
those with the lowest score were selected for redundancy. ‘This think about their career aspirations. ‘The
involved difficult decisions and we wanted those selected to know
support didn’t just concentrate on the obvious
that it wasn’t their fault and they hadn’t done anything wrong,’ says
ways of finding a job – like looking through the
Bateman. ‘We made the selection process as objective as possible and
made efforts to help them to find other jobs by providing
newspaper or signing up with a recruitment
outplacement support.’ agency,’ says Bateman. ‘It helped staff use their
networks and even think about making a career
change. We’ve had very positive feedback from
looked carefully at staffing levels in each area of those who used it.’
the business,’ explains Bateman. ‘If we had
employees who had resigned or we’d released a Maintaining employee engagement
temporary member of staff, we waited to fill the
As the vast majority of staff were retained
position with an individual who was at risk of
following the restructure, the Society put in
redundancy. We wanted to keep as many of our
place new systems to ensure that employees were
people as possible.’
engaged and performing to the best of their
Offering voluntary redundancies ability. For example, it introduced a new
performance management system – ‘What Good
To further reduce the need for compulsory
Looks Like’. This encompasses a behavioural
redundancies, the Society offered employees the
competency framework based on the company’s
chance to apply for voluntary redundancy, on
service principles and values. ‘As part of the
improved terms, or early retirement. ‘We wanted
improvements to our branches, many of the new
to minimise the number of compulsory
roles had a greater focus on sales,’ says Bateman.
redundancies,’ says Bateman. ‘We had a few
‘We ran workshops that were devised to help
people who expressed interest in these options,
employees to challenge and improve behaviours,
but only received one formal application.’
and encourage them to meet their targets.’
Making redundancies Managing employees
The first job cuts took place at the top of the In addition, all line managers – from executives
organisation – the executive team was reduced through to supervisors – were provided with
from eight to six members. ‘It wasn’t just those training on coaching skills to assist them in
on the lower grades that were affected by the managing and engaging their teams more
restructuring programme – we started at the effectively. They provide their direct reports with
top,’ says Bateman. ‘The restructuring was quarterly appraisals to offer constructive

36 IDS HR Study 902 • September 2009


Cambridge Building Society

feedback, review progress and identify areas for Positive impact


improvement.
In the last quarter of 2008, Cambridge Building
Helping employees to progress Society’s staff opinion survey indicated that
To ensure that employees progress at the right employee engagement was very good. The
time, the Society has also rolled out annual Society has seen an increase in performance
career reviews with employees. ‘If individuals levels, with the results of its ‘mystery shopper’
want to move up in the organisation, we want to survey also showing improvements.
know how we can support them and make this
happen,’ says Bateman. ‘If they are happy to stay ‘As expected, engagement levels did take a dip at
at the same level, that’s fine. But we don’t want certain stages during the restructure,’ says
to lose talented people because we’re not Bateman. ‘On the whole, employees have
providing them with the necessary responded incredibly positively to the changes.
encouragement and opportunities.’ They are now even more focused on delivering
results and improving the business.’
Reviewing salary and benefits
The Society also introduced a new pay and Cambridge Building Society believes that it is
grading structure, and reviewed its benefits better prepared to deal with any challenges in
package to ensure it was competitive when the coming years and is not expecting to make
compared with external benchmarks. As a further redundancies in the foreseeable future.
result, some improved benefits have been added ‘We are pleased with the results of our
– for example, the Society provides employees restructuring exercise and feeling very good
with an additional day’s leave on their birthday about what the future holds,’ concludes
and on the anniversary of their start date. Bateman.

IDS HR Study 902 • September 2009 37


September 2009
*256175*

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