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benchmarking HR policy and practice
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
www.incomesdata.co.uk
ISSN 0308–9339 September 2009
IDS HR Studies is published by Incomes Data Services Limited (Registered in England & Wales, Company No 913794. Registered Office and address for service:
100 Avenue Road, London NW3 3PF).
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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.
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
Construction 27.9
Manufacturing 20.1
0 5 10 15 20 25 30
Source: Labour Force Survey, Q2 (April–June) 2009
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.
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
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
es /
ur nt
g
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
bu cat
t
ce f c
Si
ut
st
lo
du o
Re
No
15.9%
Yes
39.1%
No
Yes 60.9%
84.1%
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
Alternatives to redundancy
Lay-offs 11.0
Other 5.1
0 10 20 30 40 50 60 70 80
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
Some employers said they used employee General conduct and 46.1
attitude surveys to help engage staff in the attitude
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.
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
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.
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
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.
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
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.
Page Page
Komatsu UK 25 BT 32
Incommunities Group 29 Cambridge Building Society 34
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.
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.
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.
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.
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.’
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.’
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