Redeployment Framework

4.1 Priority candidates should be advised to sign up to the University’s vacancy alert system, which will send them alerts when a new vacancy is published.

4.2 Where a priority candidate is interested in a vacancy and believes that they meet the essential criteria for that post, they should apply in the usual way.  They will be asked to confirm if they are a priority candidate and if they fall within section 4.22 below.

4.3 Where a recruiting department receives an application for a vacancy from a priority candidate who meets the essential criteria for the post, the recruiting manager must ensure that they shortlist the priority candidate for interview.  All decisions should be evidence-based from the application and any prior knowledge of the priority candidate that is not included in the application, should not be used in the short-listing process. This is to ensure all candidates are treated fairly and consistently.  It may not be possible for recruiting managers to assess each essential criterion at the shortlisting stage (for example there may be criteria which can only be assessed at interview). In such cases, they should ensure that priority candidates are shortlisted where they meet the essential criteria which can be assessed at that stage. They must also consider whether the candidate might meet the essential criteria with reasonable training.

4.4 Essential criteria outline the minimum knowledge, skills and experience to be considered for the post. For further detail on essential criteria, please see the University’s Recruitment Guidance. It is important to note that the requirement of a specific criterion to be essential cannot be changed once the position is advertised. Whether training is reasonable will depend on a number of factors: the nature and extent of the training required; the time needed to complete it before the priority candidate can perform the post to the required standard; and to what extent the training period will affect the delivery of any time-critical work. Training could include on-the-job mentoring, courses or formal qualifications.

4.5 Where the recruiting manager is unsure whether a priority candidate meets the essential criteria, they should seek advice from the relevant HR Business Partnering Team.

4.6 In order to enable objective decision making, the usual selection methods should be used to determine candidates’ suitability for the post, i.e. interviews and also assessments where appropriate. For further guidance see the University’s Recruitment Guidance. Wherever possible, priority candidates should be interviewed prior to other candidates to enable them to demonstrate their suitability to departments ahead of others (although departments are not required to wait until they have interviewed a priority candidate before they can advertise the post). To ensure consistency and fairness, priority candidates must be measured against the same selection criteria and with the same selection methods intended for other candidates.

4.7 Where the recruiting manager is satisfied that, following the usual selection arrangements, the priority candidate has the capability, skills, knowledge and experience to perform the role (or could do so with reasonable training if necessary) to the required standard, they should be offered the post.  However, see sections 4.18 for details of where the University reserves the right to select other candidates ahead of a priority candidate.

4.8 Where more than one priority candidate is appointable, measured against the requirements for the role, the recruiting manager is advised to take advice from the relevant HR Business Partnering Team as to whom they should give priority.  For instance, certain categories of employees will be prioritised for redeployment where legally required (see section 4.22 below).

4.9 When deciding whether to appoint a priority candidate, the recruiting manager must document their assessment and reasons for their decision(s) in detail. Documentation should be retained in accordance with the University’s Recruitment Guidance.

4.10 Where a decision is taken not to appoint, the recruiting manager should speak to their relevant HR Business Partnering Team for advice to ensure that the decision can be substantiated and appropriate feedback can be provided (as per 4.14). Any decision that cannot be shown to be properly justified may expose the University to allegations that the resulting redundancy (or other termination of employment) is unlawful.

4.11 All offers of redeployment are conditional subject to the satisfactory completion of any required screening checks, in so far as they are required for the internal transfer. The screening checks should include a reference from the current line manager and any higher-level screening checks (such as DBS, basic disclosure or security checks) as determined by the new role.  For further guidance, see the University’s Recruitment Guidance.

4.12 If a priority candidate holds a Tier 2 or Skilled Worker visa, prior to a job offer being made, advice must be sought from HR Services to determine if the new role can be defined by the same SOC Code as stated on the individual’s existing Certificate of Sponsorship. Redeployment to a role within the same SOC Code will prompt reporting actions which must be facilitated within 10 working days. Where redeployment will be to a role which is not defined by the same SOC Code, the individual will be required to apply for a new Skilled Worker Visa and that must be granted before the new role can commence. HR Services can advise on applicable timescales for the latter scenario.   All redeployment is subject to the priority candidate having the legal right to work in that role. If in doubt as to an individual’s ability to be redeployed in the context of their right to work status, please contact HR Services for guidance.

4.13 Where a priority candidate wishes to maintain their current FTE and/or other flexible working arrangements (including hybrid working), the recruiting manager (in consultation with the future line manager where different) should carefully consider that request, and is ultimately responsible for determining whether such arrangements can be accommodated.

4.14 Priority candidates who are unsuccessful in their application are entitled to receive feedback from the recruiting manager upon request.

4.15 Some posts at the University (for instance established posts) require selection by a Board of Electors, Selection Committee, Appointing Body or other panel (see University Selection Panel guidance under Recruitment Guidance for advice on where these are required). Where this is the case, the term recruiting manager refers to the relevant board, committee, body or panel.

4.16 The HR Division will routinely monitor the decision making under this policy to ensure it is applied consistently and fairly and will share high-level data on an annual basis with the trade unions.

4.17 The University reserves the right to permit employees affected by local restructures under the Organisational Change Policy to apply for vacancies which arise under sections 3.3.6 (i)-(iv) of that policy, before these vacancies are made available to other employees, including priority candidates under this framework. 

Exceptional circumstances

4.18 Where research forms a significant part of a post and it is part of the essential criteria that the appointee is at the forefront of the relevant field, the University reserves the right to appoint the most suitable candidate, whether or not they are a priority candidate.  This exception may also be applied to roles requiring teaching expertise at a level that is at the forefront of academic practice.  Further, senior posts (Grade 11 +) may be filled by the candidate with the most relevant experience, in exceptional circumstances, where the post-holder's performance could have a significant impact on the success of the University, or a significant part of the University.

4.19 Notwithstanding these exceptional provisions, certain categories of employees will be prioritised for redeployment were legally required (see section 4.22 below).

4.20 For the avoidance of doubt, it is anticipated that the following roles will not usually require the appointee to be at the forefront of the relevant field:

4.20.1 the majority of research support roles; and

4.20.2 research posts which are neither leading nor critical to the relevant research project/work.

4.21 Where recruiting managers are intending to rely on the exceptions at 4.18, their reasons should be carefully documented.  If they are unsure, they should refer to the relevant HR Business Partnering Team to ensure that the use of this exceptions route can be justified. Any decision that cannot be shown to be properly justified may expose the University to allegations that the resulting redundancy (or other termination of employment) is unlawful.

Family leave

4.22 An employee who is pregnant or on maternity leave, adoption or shared parental leave and who is at risk of redundancy is legally entitled to be offered a suitable alternative vacancy where one exists before it is offered to other employees (including those who are also at risk of redundancy). This includes roles covered by the exception at 4.18. For all types of leave covered in 4.23 to 4.26, the protected period applies even if the employee does not take their full statutory entitlement. 

4.23 For employees who are pregnant or on maternity leave, this additional protection starts when notice of the pregnancy is given and lasts until 18 months after either:  

• the date of the child’s birth, or  
• the expected week of birth if notice of birth is not provided.  

This includes where the employee suffers a miscarriage after 24 weeks of pregnancy. 

4.24 Where an employee is pregnant but suffers a miscarriage before 24 weeks, this additional protection ends two weeks after the end of the pregnancy.  

4.25 For employees who are on adoption leave, this additional protection starts at the beginning of adoption leave and lasts for 18 months from that date.  In the case of overseas adoptions, this protection starts from the date of entry into Great Britain and lasts for 18 months from that date. 

4.26 For employees who are on shared parental leave, and who have not taken maternity or adoption leave, this additional protection lasts until either: 

• the end of the shared parental leave, where this is less than six weeks in duration, or 
• 18 months from the date of the child’s birth, where this is more than six weeks duration. 

4.27 The alternative role should in all cases be offered before the end of the original contract and begin the day immediately following the day on which their original contract comes to an end. The new post must be suitable and appropriate for the employee in the circumstances and the new contractual provisions must not be substantially less favourable than those of the previous contract.   

Disabilities and Reasonable Adjustments

4.28 Where the University is aware that an employee is disabled within the meaning of the Equality Act 2010, reasonable adjustments to the process and how the duties could be performed (if appropriate) will be considered.   If the University is not aware, the employee should (if they wish to do so) raise it with their relevant HR Business Partnering Team.

Accepting or declining redeployment

4.29 For guidance on makings offers of employment or rejecting unsuccessful candidates, recruiting managers should refer to the University’s Recruitment Guidance.

4.30 Where an offer is accepted, the Redeployee will be expected to withdraw from any other applications for University posts. 

4.31 Should a priority candidate decline an offer of redeployment, they should notify the recruiting manager without delay, setting out reasons for their decision. They may continue to be treated as a priority candidate under this framework up to and including their last day of service or until they have accepted an alternative post with the University or entered into a voluntary severance arrangement, whichever is earlier.

4.32 For details on how declining an offer might affect any entitlement to a redundancy payment, see Section 6 below.

Complaints and Appeals

4.33 Priority candidates who feel that they are being treated unfairly under this framework should raise the matter with their line manager, recruiting manager or the relevant HR Team without delay in order that the matter can be addressed expediently. They may also seek the support of the trade unions.

4.34 In cases of dismissal, priority candidates have the right to appeal against a decision to be dismissed in accordance with the relevant University policy, for instance; the Organisational Change Policy, Sickness Absence Policy, Guidance on the use of fixed-term and open-ended contracts, Capability Policy or Disability and Employment Policy as applicable, where they feel that they were unfairly denied a suitable redeployment opportunity.

4.35 In other cases not falling within 4.29, they may raise a grievance under the procedure relevant to their staff category.

6.1 The following provisions apply to employees at risk of redundancy:

6.1.1 An employee is not dismissed where their contract is renewed or they start alternative employment with the University within 4 weeks of their current contract ending and where the offer is made before the end of their current contract. Where the rewed or new terms and conditions differ wholly or in part from the employee’s existing terms, an employee has a statutory right to a trial period of four weeks during which time they and the employer can assess the employee’s suitability for the new role. The trial period may be extended by agreement of both parties, but only for the purposes of retraining.

6.1.2 If during the trial period the employment is terminated (or notice to terminate is given) by the University for a reason connected to the change in roles, the employee will be treated as having been dismissed by reason of redundancy on the date their original contract ended and will remain eligible for a redundancy payment (if they were eligible for one). The same will apply if the alternative employment was not “suitable”, and the employee nonetheless attempted a trial period but terminated the employment (or gave notice to terminate it) during the trial period.

6.1.3 If an employee unreasonably refuses an offer of suitable alternative employment (or unreasonably terminates, or gives notice to terminate, the contract during the trial period), they will be treated as having been made redundant but will lose their right to a redundancy payment (if they were eligible for one), including any entitlement to a statutory redundancy payment.  They will also lose their right to claim statutory redundancy pay if they do not give notice within the 4 week trial period.

6.1.4 When considering whether or not an alternative role is suitable, regard should be given to the employee’s skills and experience, and the terms of the alternative role, including how the status, place of work, duties, pay, hours and responsibility compare with those of the previous role. Whether the refusal of suitable alternative employment is reasonable or unreasonable will depend on the particular employee and their circumstances. The reasonableness of an employee’s decision to refuse suitable alternative work should be assessed from the perspective of the employee at the time the decision to refuse the offer was made.

6.1.5 If a trial period is successful, employment in the role will continue and this will be confirmed in writing to the employee.  The employee will no longer be entitled to a redundancy payment (if they were eligible for one), including any entitlement to a statutory redundancy payment.

6.1.6 Employees at risk of redundancy by reason of organisational change should refer to the Organisational Change Policy for further details.

8.1 This framework should be read in conjunction with the University’s Pay Protection Policy, which sets out the circumstances in which pay will be protected on redeployment.

• Redeployment Procedural Guidance
• Recruitment Policy
• Recruitment Guidance
• Guidance on the use of fixed-term and open-ended contracts
• Organisational Change Policy
• Organisational Change Guidance
• Pay Protection Policy
• Assistant Staff Employment Protection Code (can be provided in hard copy on request)
• Capability Policy
• Disability and Employment Policy
• Statues and Ordinances (Statute C, Schedule)
• Sickness Absence Policy
• 2019 Research Concordat ‘The Concordat to Support the Career Development of Researchers’