Common use of Surplus Staffing Clause in Contracts

Surplus Staffing. 35.1. The Employer recognises the serious consequences that the loss of permanent employment can have on employees and proposes to minimise this by relocation and/or retraining where possible. The parties agree that it is preferable that employees be encouraged to remain in relocated employment, rather than be paid redundancy pay. Every endeavour shall be made to enable mutually agreed relocation in accordance with 35.2 of this Agreement. 35.2. Where relocation is an option, it shall be offered to employees as an alternative to redundancy. Employees relocating shall, wherever possible, be offered a position substantially the same in terms of job designation, content, responsibility and seniority, providing that such position is acceptable to the employee who will not unreasonably withhold their acceptance. 35.3. However, in the event that the employee’s position becomes surplus to the needs of the Employer, the employee shall be given six weeks’ notice of termination of employment or at the discretion of the Employer, be paid in lieu thereof. The notice period specified in this clause shall be inclusive of the notice period specified in the Termination clause above. 35.4. Redundancy compensation shall be calculated on the basis of four weeks’ pay for the first year of current continuous service and two weeks’ pay for each subsequent year of service. Both such amounts are to be pro-rated on the basis of the number of days worked by the Employee as a percentage of the number of days in the year commencing on the Employee’s start date. Notwithstanding the provisions of this clause 35.4, redundancy compensation is capped at a maximum of 12 months’ earnings. 35.5. For the purposes of this clause, a week's pay shall be calculated as the average number of hours worked in the four weeks prior to the notice of redundancy being given. 35.6. The payment of redundancy compensation shall be contingent upon the employee remaining at work and performing their assigned duties normally until the expiry of the notice period, if so required by the Employer. 35.7. If the employee finds an alternative position during the notice period, the employee may with the prior consent of the Employer, terminate their employment prior to the expiry of the notice period without forfeiting their right to redundancy compensation, but the employee would not be paid for the unworked period of notice. 35.8. Except where a transfer has been arranged, the employee will be given reasonable time to attend interviews for alternative employment without loss of pay, provided that they obtain the prior consent of the Employer and that proof of having attended an interview can be furnished to the Employer if required. 35.9. No redundancy compensation shall be payable in any situation where the termination of the employee’s employment arises as a result of the merger, amalgamation, or reconstruction of the whole or part of the Employer's business if the person acquiring the business or part being merged, amalgamated, or reconstructed has offered the employee employment in the business or part of it and the conditions of employment offered to the employee by the person acquiring the business or part of it are generally no less favourable than those provided for by this Agreement. 35.10. The Employer shall supply written references at the request of the redundant employee. 35.11. The Employee’s entitlements and the process that will apply in the event of a restructuring are set out in the Employee Protection Provision in Clauses 36 or 37 below.

Surplus Staffing. 35.1. The Employer recognises the serious consequences that the loss of permanent employment can have on employees and proposes to minimise this by relocation and/or retraining where possible. The parties agree that it is preferable that employees be encouraged to remain in relocated employment, rather than be paid redundancy pay. Every endeavour shall be made to enable mutually agreed relocation in accordance with 35.2 34.2 of this Agreement. 35.2. Where relocation is an option, it shall be offered to employees as an alternative to redundancy. Employees relocating shall, wherever possible, be offered a position substantially the same in terms of job designation, content, responsibility and seniority, providing that such position is acceptable to the employee who will not unreasonably withhold their acceptance. 35.3. However, in the event that the employee’s position becomes surplus to the needs of the Employer, the employee shall be given six weeks’ notice of termination of employment or at the discretion of the Employer, be paid in lieu thereof. The notice period specified in this clause shall be inclusive of the notice period specified in the Termination clause above. 35.4. Redundancy compensation shall be calculated on the basis of four weeks’ pay for the first year of current continuous service and two weeks’ pay for each subsequent year of service. Both such amounts are to be pro-rated on the basis of the number of days worked by the Employee as a percentage of the number of days in the year commencing on the Employee’s start date. Notwithstanding the provisions of this clause 35.4, redundancy compensation is capped at a maximum of 12 months’ earnings. 35.5. For the purposes of this clause, a week's pay shall be calculated as the average number of hours worked in the four weeks prior to the notice of redundancy being given. 35.6. The payment of redundancy compensation shall be contingent upon the employee remaining at work and performing their assigned duties normally until the expiry of the notice period, if so required by the Employer. 35.7. If the employee finds an alternative position during the notice period, the employee may with the prior consent of the Employer, terminate their employment prior to the expiry of the notice period without forfeiting their right to redundancy compensation, but the employee would not be paid for the unworked period of notice. 35.8. Except where a transfer has been arranged, the employee will be given reasonable time to attend interviews for alternative employment without loss of pay, provided that they obtain the prior consent of the Employer and that proof of having attended an interview can be furnished to the Employer if required. 35.9. No redundancy compensation shall be payable in any situation where the termination of the employee’s employment arises as a result of the merger, amalgamation, or reconstruction of the whole or part of the Employer's business if the person acquiring the business or part being merged, amalgamated, or reconstructed has offered the employee employment in the business or part of it and the conditions of employment offered to the employee by the person acquiring the business or part of it are generally no less favourable than those provided for by this Agreement. 35.10. The Employer shall supply written references at the request of the redundant employee. 35.11. The Employee’s entitlements and the process that will apply in the event of a restructuring are set out in the Employee Protection Provision in Clauses 36 or 37 below.

Surplus Staffing. 35.138.1. The Employer recognises the serious consequences that the loss of permanent employment can have on employees and proposes to minimise this by relocation and/or retraining where possible. The parties agree that it is preferable that employees be encouraged to remain in relocated employment, rather than be paid redundancy pay. Every endeavour shall be made to enable mutually agreed relocation in accordance with 35.2 clause 38.2 of this Agreement. 35.238.2. Where relocation is an option, it shall be offered to employees as an alternative to redundancy. Employees relocating shall, wherever possible, be offered a position substantially the same in terms of job designation, content, responsibility and seniority, providing that such position is acceptable to the employee who will not unreasonably withhold their acceptance. 35.338.3. However, in the event that the employee’s position becomes surplus to the needs of the Employer, the employee shall be given six weeks’ notice of termination of employment or at the discretion of the Employer, be paid in lieu thereof. The notice period specified in this clause shall be inclusive of the notice period specified in the Termination clause above. 35.438.4. Redundancy compensation shall be calculated on the basis of four weeks’ pay for the first year of current continuous service and two weeks’ pay for each subsequent year of service. Both such amounts are to be pro-rated on the basis of the number of days worked by the Employee as a percentage of the number of days in the year commencing on the Employee’s start date. Notwithstanding the provisions of this clause 35.438.4, redundancy compensation is capped at a maximum of 12 months’ earnings. 35.538.5. For the purposes of this clause, a week's pay shall be calculated as the average number of hours worked in the four weeks prior to the notice of redundancy being given. 35.638.6. The payment of redundancy compensation shall be contingent upon the employee remaining at work and performing their assigned duties normally until the expiry of the notice period, if so required by the Employer. 35.738.7. If the employee finds an alternative position during the notice period, the employee may with the prior consent of the Employer, terminate their employment prior to the expiry of the notice period without forfeiting their right to redundancy compensation, but the employee would not be paid for the unworked period of notice. 35.838.8. Except where a transfer has been arranged, the employee will be given reasonable time to attend interviews for alternative employment without loss of pay, provided that they obtain the prior consent of the Employer and that proof of having attended an interview can be furnished to the Employer if required. 35.938.9. No redundancy compensation shall be payable in any situation where the termination of the employee’s employment arises as a result of the merger, amalgamation, or reconstruction of the whole or part of the Employer's business if the person acquiring the business or part being merged, amalgamated, or reconstructed has offered the employee employment in the business or part of it and the conditions of employment offered to the employee by the person acquiring the business or part of it are generally no less favourable than those provided for by this Agreement. 35.1038.10. The Employer shall supply written references at the request of the redundant employee. 35.1138.11. The Employee’s entitlements and the process that will apply in the event of a restructuring are set out in the Employee Protection Provision in Clauses 36 clauses 39.7 or 37 39.8 below.

Surplus Staffing. 35.137.1. The Employer recognises the serious consequences that the loss of permanent employment can have on employees and proposes to minimise this by relocation and/or retraining where possible. The parties agree that it is preferable that employees be encouraged to remain in relocated employment, rather than be paid redundancy pay. Every endeavour shall be made to enable mutually agreed relocation in accordance with 35.2 of this Agreement. 35.237.2. Where relocation is an option, it shall be offered to employees as an alternative to redundancy. Employees relocating shall, wherever possible, be offered a position substantially the same in terms of job designation, content, responsibility and seniority, providing that such position is acceptable to the employee who will not unreasonably withhold their acceptance. 35.337.3. However, in the event that the employee’s position becomes surplus to the needs of the Employer, the employee shall be given six weeks’ notice of termination of employment or at the discretion of the Employer, be paid in lieu thereof. The notice period specified in this clause shall be inclusive of the notice period specified in the Termination clause above. 35.437.4. Redundancy compensation shall be calculated on the basis of four weeks’ pay for the first year of current continuous service and two weeks’ pay for each subsequent year of service. Both such amounts are to be pro-rated on the basis of the number of days worked by the Employee as a percentage of the number of days in the year commencing on the Employee’s start date. Notwithstanding the provisions of this clause 35.437.4, redundancy compensation is capped at a maximum of 12 months’ earnings. 35.537.5. For the purposes of this clause, a week's pay shall be calculated as the average number of hours worked in the four weeks prior to the notice of redundancy being given. 35.637.6. The payment of redundancy compensation shall be contingent upon the employee remaining at work and performing their assigned duties normally until the expiry of the notice period, if so required by the Employer. 35.737.7. If the employee finds an alternative position during the notice period, the employee may with the prior consent of the Employer, terminate their employment prior to the expiry of the notice period without forfeiting their right to redundancy compensation, but the employee would not be paid for the unworked period of notice. 35.837.8. Except where a transfer has been arranged, the employee will be given reasonable time to attend interviews for alternative employment without loss of pay, provided that they obtain the prior consent of the Employer and that proof of having attended an interview can be furnished to the Employer if required. 35.937.9. No redundancy compensation shall be payable in any situation where the termination of the employee’s employment arises as a result of the merger, amalgamation, or reconstruction of the whole or part of the Employer's business if the person acquiring the business or part being merged, amalgamated, or reconstructed has offered the employee employment in the business or part of it and the conditions of employment offered to the employee by the person acquiring the business or part of it are generally no less favourable than those provided for by this Agreement. 35.1037.10. The Employer shall supply written references at the request of the redundant employee. 35.1137.11. The Employee’s entitlements and the process that will apply in the event of a restructuring are set out in the Employee Protection Provision in Clauses 36 clauses 38.7 or 37 38.8 below.