Ask the panel

六月 24, 2005

Worried about your employment, maternity, pension rights? Send your questions to The Times Higher advice panel.

I am about to be made redundant as my department is being closed. I am 50 and have been working here for ten years. What are my rights and in what ways can I negotiate a deal that surpasses these rights?

Unions have counted more than 1,000 job cuts in universities in the last year so you are not alone.

* Our Universities and Colleges Employers' Association panellist says:

"Your basic rights are protected under the Employment Rights Act 1996, which covers a range of issues, including the circumstances in which employees can be made redundant, periods of notice and redundancy payments.

But you should look at your institution's redundancy policy, as this may go beyond the legal minimum. Your ability to maximise your benefits will depend on your institution's policy, but a starting point would be to discuss the issue with your line manager or human resources officer."

* Our Natfhe panellist stresses that if your department is being closed down, then your employer is required to consult with trade unions on whether redundancies can be avoided. "If they can't, then the employer must try to offer you suitable alternative employment. This need not be on your own campus. It need not be doing the same job, but must be similar and suitable for you. If you receive an offer you are allowed to try it for four weeks without losing rights to redundancy payments. Any selection process identifying who gets offered such jobs must be fair. If you get such an offer and turn it down, you can lose redundancy payments."

He goes on: "There are two elements to any compensation. After working ten years for the same employer, you will be entitled to state benefits based on one week's pay for each complete year worked between the ages of 22 and 40 and one and a half weeks' pay for each year worked between 41 and 65. You should note that these payments are limited to a maximum of £0 a week and 20 years' service in making that calculation.

You may also be entitled to compensation through locally agreed redundancy payments. Such payments are likely to be greater than state compensation."

* The Association of University Teachers panellist says that if no local agreement exists, then you may be able to negotiate one. "Most employers would be willing to negotiate terms," he says. "It is common practice in higher education to discount the maximum weekly limit used in the statutory formula and use actual weekly earnings. For members of the Teachers Pension Scheme, where Department for Education and Skills regulations apply, there is usually a limit of 66 weeks pay to redundancy terms.

"A common element in negotiated arrangements could be provisions for early retirement whereby an agreed amount could be made available to purchase added years in your pension scheme if you wish to receive an immediate pension."

* The Research Councils UK panellist says: "As far as surpassing your rights is concerned, if you are a supervisor of students it is extremely important that their interests are looked after and if you are a grantholder on a research council grant the university should consider how best to fulfil its obligations.

"Conditions of grant clearly state: 'The research council must be consulted in the event of any major change in the proposed research, including failure to gain access to research facilities and services, or to gain ethical committee approval for the research, particularly those that make it unlikely that the objectives of the research can be achieved. If appropriate, revised proposals may be required. The research council reserves the right to make a new grant in place of the existing grant, or to revise, retain or terminate the existing grant.'

"If either of these is the case, you could reasonably expect to be involved in making suitable arrangements, which could involve your own future. Bear in mind that studentships and grants can be transferred, and your involvement with them could be an asset."

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