February 17th, 2012

In November 2011 UKIO & Unite signed a new Security of Employment. The agreement is detailed in full below.
The agreement was signed by Cathy Lewis, UKIO HR Director and Steve O’Donnell, Unite Prudential Section Senior Rep

SECURITY OF EMPLOYMENT AGREEMENT – UKIO & UNITE
1. Parties
1.1 This agreement is between UKIO (hereinafter referred to as “the Company”) and Unite (hereinafter referred to as “the Union”).
2. Scope of Agreement
2.1 The agreement will be applied in accordance with the principles of equal opportunities policy regardless of gender (sex, marital status and gender re-assignment), religion, disability, sexual orientation, age, race (ethnic origin, colour, nationality and national origin), pregnancy, childbirth, parenthood or other caring responsibilities.
2.2 This agreement covers all “employees” at the Company who form part of the bargaining unit defined by existing procedural arrangements between the Company and the Union.
3. General Aims and Principles
3.1 The Company agrees to abide by, as a minimum, the statutory requirements for consultation in respect of redundancies proposed by the Company.
3.2 Both parties agree that such security of employment can best be safeguarded by the Company managing its business to ensure continual efficiency, and through the Company maintaining its competitive position. It is also recognised by the parties that it will be important to ensure an adequate level of resourcing sufficient to achieve the Company’s business objectives.
3.3 When proposing any organisational change that may involve a significant risk of redundancies, the Company will enter into meaningful consultation with the Union at the earliest opportunity.
3.4 Both parties recognise that the possibility of redundancy cannot be entirely eliminated, but through consultation, alternative measures will be fully explored and exhausted to ensure that compulsory redundancy is used only as a last resort.
3.5 Where agreed by both parties, this agreement will be applied flexibly, taking full account of the circumstances relating to the proposed change.
4.0 Objectives of this Agreement
4.1 To be binding in honour only and not intended to be legally binding as between the parties and it is not intended to confer any legal rights on any employee or to be incorporated into any contract of employment.
4.2 To establish agreed procedures relating to engagement between the Company and the Union in respect of organisational changes which pose a significant threat to jobs.
4.3 To define consultation arrangements in the event of an organisational change involving proposed redundancies.
4.4 To outline the approach to minimise the number of compulsory redundancies.
4.5 To establish a set of principles for defining the selection criteria for each organisational change.
4.5 To determine the outplacement support available to employees leaving the Company through redundancy.
5. Consultation
5.1 Trade Union
5.1.1 The Union will be consulted whenever the Company is proposing any organisational change that may place 10 or more employees at risk of redundancy. The Company will give details of the proposed organisational change, the business rationale and the proposed timelines. If the changes affect less than 10 employees, the Company, where ever practicable, will inform the Union in advance of communications to the individuals.
5.1.2 Consultation will continue throughout any redundancy process triggered by a proposed organisational change.
5.1.3 The Union will not disclose confidential information provided during consultation to any person, company, business entity or other organisation whatsoever except in the proper performance of its duties as a union representative.
5.2 Individual Employees
5.2.1 All employees at risk of redundancy will be notified in writing. The letter will explain the changes proposed and the next steps. Employees will also receive information covering the selection criteria and process.
5.2.2 Each employee will be offered the opportunity of a 1:1 meeting to discuss their personal situation. Wherever possible, this meeting will take place within seven working days of being notified that they are at risk.
5.2.3 Employees will be advised of the outcome of the selection process and, in the event that they are unsuccessful, they will be offered feedback and invited to a formal redundancy consultation meeting. If served formal notice, the individual terms of the redundancy will be confirmed in writing.
6. Measures to Avoid or Limit Redundancy
6.1.1 The Company will consult the Union on redeployment opportunities for each organisational change including consideration of current recruitment activities that would impact on redeployment opportunities.
6.1.2 There will be a review of overtime and the use of temporary staff and contractors, unless the requirement is for a specialised skill or qualification which cannot reasonably be replaced internally. These will be shared with the Union as appropriate on a case by case basis.
6.1.3 Priority consideration (where legally permissible) for suitable alternative vacancies which may arise within the Company for those at risk of redundancy and notification of all vacancies occurring within the Company. Consideration will be given to providing notification of vacancies in other Group companies.
7. Redundancy
7.1 Employees at risk of redundancy will be given the opportunity to express a preference for redundancy. All preferences will be considered but only granted at the absolute discretion of the Company. Where practicable substitutional redundancy (‘Bumping’) will also be considered.
7.2 Through consultation, the Company will seek to identify opportunities for employees not directly impacted by the organisational change in the same job role to be given the opportunity to express a preference for redundancy.
7.3 Timescales on individual exit dates are driven by business needs. The Company retains the right to determine an individual exit date in any particular case.
7.4 Both parties agree that an unsuccessful request for redundancy will not have an adverse affect on that individual employee’s career.
7.5 The process adopted for redundancy selection decisions will be overseen by Human Resources.
8. Grievances
8.1 There is a separate process for raising an appeal against redundancy. This process will be confirmed in writing at the point of formal notice.
9. Discipline
9.1 If a colleague is dismissed for gross misconduct under the disciplinary procedure during the period of notice, then the procedure set out in this agreement will not be followed in respect of that individual and the individual will not receive a redundancy payment from the Company.
10. Outplacement and career counselling
10.1 All employees who receive formal notice of redundancy will have the opportunity to receive outplacement support (e.g. CV writing, interview skills) at no cost to themselves.
10.2 The outplacement service will continue for a maximum period of 12 months after the effective date of termination.
11. Redundancy Terms
11.1 The terms which currently apply in cases of redundancy are at the Company’s discretion and are outlined in ‘How will redundancy impact me’. Any changes to these terms will be the subject of separate discussion.

Tags: Security of employment
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