Frequently asked questions

A redundancy is when an employee is dismissed and the reason for dismissal is either: 

  •  The employer has ceased (or intends to cease) carrying on the business completely at the current location or 

  •  The requirements of the business for employees to carry out work of a particular kind or carry it out at the place they are employed, has ceased or diminished. 

The definition is quite wide:

  •  It can cover workplace reorganisations which lead to reductions in work 

  •  It covers changes in work which have the effect of making the new job quite different from the old one 

  •  It can include situations where the employer decides to contract work out. 

The basic test is whether the employer requires NO workers or fewer workers to do work of a particular kind. If there is a reduction in one aspect of an employee's work, this does not always mean there has been a redundancy. 

When an employer needs to reduce the number of employees in a workplace, unions will normally ask the employer to consider using VR to do this. This gives employees the opportunity to decide whether they wish to stay with their employer, or not. 

It also enables the employer to avoid having to select people for compulsory redundancy, as this would involve creating a redundancy selection process which always presents its own unique difficulties. 

Terms on offer in redundancy situations are based on weekly wage at the time of redundancy as is required by law. 

Therefore, the total number of years (regardless of whether they are full-time or part-time service) are paid at the same weekly rate - the current weekly wage (at the time of redundancy) determines the weekly rate. 

Exactly the same as if you had got another job and left of your own accord, i.e. the pension is frozen. If you have paid in for more than two years then the money is unavailable to you until you retire, although you can transfer the pension to any new employer's pension scheme at any time (after you leave). 

However, we recommend that you seek the services of an IFA (Independent Financial Advisor) - they will need information about your current pension before they can recommend a course of action (even if their recommendation is to leave the money where it is!). 

An IFA normally does not charge for advice, unless you agree to purchase/take out a product they have recommended. 

Initially, you will have to consider taking up the offer of employment. As long as the alternative job is 'suitable', an employer can withhold the redundancy payment. The offer of 'suitable alternative employment' can be very subjective. Factors considered when determining suitability can include the nature of the work, the responsibility, physical effort required, location, etc. In comparison with the work/job already being undertaken. Even so 'suitable' jobs do not have to be exactly the same - they only need to be similar. 

For example: A Supervisor may have responsibility for 15 staff before his/her job is made redundant. If the employer offers a job which will result in responsibility for only 5 staff, with broadly similar responsibilities for their work, training, etc, then the job is more than likely to be 'suitable'. If the employer offers a similar job which is located 100 miles away, then the job is likely to be 'unsuitable'. 

Although this may seem to be a very difficult decision to make, an employer is obliged by legislation to ensure that the redundant employee is given a trial period to ensure that the work is truly suitable - so it may be in the interests of a redundant employee to actually accept the 'alternative' on a trial basis (as opposed to just accepting the job with no conditions). This means that any objections to the suitability of the alternative can be demonstrated by 'on the job' experience. 

Note that if the employee uses the trial period and does not think the alternative is suitable, the employer must be notified before the end of the trial period. 

The general rule is that redundancy notice has only been given once an employee has been given a termination date. Once the redundancy notice has been given an employee is free to leave work while retaining the right to receive redundancy pay, as long as the employer and employee fulfil special requirements laid down in legislation.

  • The employer has given notice to terminate the employment contract first 

  • The employee gives written notice (counter notice) to the employer to terminate the contract on an earlier date [which must be during the legal notice period] to that given by the employer 

  • The employer agrees to the employee's request. 

Please note that if the employer does not agree and the employee decides to leave anyway then the redundancy payment is at risk. 

If you genuinely feel you are being regularly singled out for unfair treatment by a boss or colleague, then you are probably being bullied. Although there is no comprehensive list of bullying behaviours, and there is no one type of person who is likely to be a bully, the list below should give an idea of some behaviour which constitutes workplace bullying.  

Bullying behaviour can include: 

- Competent staff being constantly criticised, having responsibilities removed or being given Giving out trivial tasks to do 

- Shouting at staff 

- Persistently picking on people in front of others or in private 

- Blocking promotion 

- Regularly and deliberately ignoring or excluding individuals from work activities 

- Setting a person up to fail by overloading them with work or setting impossible deadlines 

- Consistently attacking a member of staff in terms of their professional or personal standing 

- Regularly making the same person the butt of jokes. 

Stress and ill-health can become part of the daily life of those being bullied. 

Symptoms can include: anxiety, headaches, nausea, ulcers, sleeplessness, skin rashes, irritable bowel syndrome, high blood pressure, tearfulness, loss of self-confidence, various illnesses of the organs such as the kidneys, thoughts of suicide, etc. 

If you feel you are being singled out or bullied at work, there are steps you can take:

- First, speak to the bully. A direct approach is usually the best. Tell the person that you find their behaviour unacceptable and ask them to stop. This is sometimes all that is needed. Bullies do not like being confronted particularly by someone who is calm and civilised. 

- The majority of bullying goes on behind closed doors. So, tell a friend or work colleague. You may well find out you are not the only one who has suffered. It is important that you do not try to cope on your own. 

- If you are in the union, speak to a union rep. This will be in confidence and does not mean that a formal complaint will automatically be made. A rep will only do what you want them to and will give you advice and support.  If necessary, they can also help you with a formal complaint. 

- Keep a diary. This will give a vital record of the nature of the bullying and when it occurred. Many of the incidents may appear trivial in isolation so it is important to establish a pattern over a period of time. 

Where colleagues worked flextime prior to the implementation of Project Alliance, the existing flextime rules continue to apply to them. (See page 27 of the Project Alliance booklet). 

Staff on flextime are contracted to work a 34.6-hour week / 138.6-hour 4-week flex period.  

Staff have to work during core hours, and can work during the optional bandwidth if they have work to do. This shouldn’t be a problem because in most areas as there is always more than enough work to do. The maximum working day is 9.5 hours, and the minimum working day is 4.5 hours (3.5 on a Friday). 

They are not required to work a 35-hour week / 140-hour 4-week flex period.  Such a change is the equivalent of an extra 18.2 hours per annum, which translates to 2.6 days. 

Bandwidth

Monday to Friday

8.00 am to 6.00 pm 

Core time

Monday to Friday  

9.30 am to 12.00 noon, 

2.00 pm to 4.00 pm (3.00pm on Friday) 

The flex accounting period lasts 4 weeks, and is equivalent to 138.40 hours (4 x 34.60 hours, or 20 x 6.92 hours).  Staff on flextime are not required to work a 35-hour week / 140-hour 4-week flex period – no such change has been agreed with Unite. 

Time recording used to be done by the use of flex clock recording. However, the clocks have now been removed, and all colleagues are now trusted to keep their own detailed records of the hours they work. Staff who work flextime still work a 6.92-hour day, a 34.6-hour week and 138.4 hours every 4 weeks. They are not contracted, nor are they required to work a 35-hour week / 140-hour 4-week flex period.

Carry over is the amount of time worked above the 138.4 contracted hours in the 4-week flex period. A credit of up to 15 hours, or a debit of up to 7 hours may be carried over into the next flex accounting period.  

May be taken at the rate of two days per 4-week flex period, to a maximum of 13 days in a rolling year. Staff should only book flex leave with prior approval of their line manager, which should not be unreasonably withheld.  

Staff do not have to be in credit to book a flex day.  Flex leave may be taken if staff are in credit, even if that is just above the contracted hours at the time of booking. At the end of a 4-week flex period worked hours must fall within the carry over rule, i.e. +15 or –7 hours.

Staff may book flex leave in advance, with a view to working up enough time to allow the flex leave.  If enough time has not been built up, then staff may need to convert a flex day to a holiday. 

Flex leave may sometimes be refused due to business need. However, where staff encounter repeated difficulties taking flex leave over a given period, this may indicate a shortage of staff or resource, which may need to be addressed by the line manager concerned. Members experiencing such difficulties should seek advice from the Unite union office as flex leave should not be unreasonably withheld, or withheld for extended periods. 

Lunch may be taken any time between 12.00 and 2.00, and is a minimum of half an hour, up to a maximum of 2 hours. 

Flextime is compatible with arranging work rotas, such as those needed to cover an area after 4.00pm, or to cover the phones at lunchtime. Where cover is needed, this can usually be accommodated within the flextime bandwidth (8.00am – 6.00pm).  Obviously rotas should consider individual circumstances where possible.  

Ideally line managers should be able to detail their cover requirements, and then staff should be able to arrange the required cover amongst themselves. The line manager should then only need to intervene if staff are unable to arrange the required cover amongst themselves.  

Staff should be credited with the appropriate time taken, up to a maximum of 6.92 hours for a full day away from the office. 

There are occasions when changes to flextime rules may be necessary for business reasons.  Any changes will need to be dealt with through HR, and must negotiated and agreed with Unite.   

Staff are expected to adhere to the flextime rules, and to work appropriately at all times. Abuse of the flextime system is treated very seriously, by both the business and Unite.  

Flextime doesn’t usually need to be closely managed, as peer pressure will usually ensure that the scheme runs smoothly.  Managers are responsible for ensuring that staff have enough work to fill their time. If managers are concerned that staff are abusing the flextime system, they should take advice from either HR or Unite as it may be a disciplinary matter. 

All staff who work flextime have a responsibility to act professionally and adhere to the rules. 

If members or managers have difficulties with flextime, they can approach Unite in confidence for further advice. The Unite union office can be contacted on Miller St x2085, or by internal e-mail to Union Office.   

Advantages to the business:

• It is well documented that productivity is noticeably better where flextime is in operation, since employees tend to work better once they are treated as responsible, trustworthy individuals. 

• Less overtime needs be worked as employees can cope more easily with busy and slack periods. 

• The number of hours worked is the focus of flextime, not punctuality. The person who arrives late and leaves at the end of core time is merely credited with fewer hours. Considerable time can be lost by lateness in companies working fixed hours. 

• Absenteeism has been shown to reduce in companies with flextime. Instead of taking the odd day off because of a hangover or simply because they slept in, staff have the chance to get in later yet before the start of core time. 

• With flextime an employee knows that he or she can take time off to compensate for extra hours worked, when a job needs to be finished. Arriving at work at different times allows staff to come in at their own time and settle down to work quicker. 

• Flextime allows for the arrival of staff to be staggered, and hence use of the car parks, lifts, etc. 

• Concentration may be difficult in a busy office, but during the flexible part of the day there are always quiet times when people can get down to doing a difficult job. 

• Uneven workloads are much clearer to identify by the number of hours worked by individuals. This enables appropriate alterations to be made to staffing or resources. 

• Flextime is an aid to recruitment as it can be listed as a major benefit, one that is particularly useful to parents with young children. 

• People who are happy in their work tend to be more reliable and productive. 

• Flextime is largely self-regulating, as peer pressure generally ensures adherence to the scheme rules. 

Advantages to employees:  

• Travel can be undertaken at the best time for the individual, saving time, money and stress. 

• The amount of time getting to the office and back again can be reduced. 

• Personal matters can be sorted out without having to take time off, e.g. taking the children to school, visiting the doctor or dentist, caring responsibilities, etc. 

• Personal rhythms vary. Some people work better first thing; others take a while to get going. By choosing the starting and finishing times people can work to suit their own patterns. 

• Local communities benefit through a more even spread of use of facilities, such as roads, banks, post offices, shops and public transport. 

• Work-life balance can be substantially improved by flextime. 

• Some responsibility for working hours is devolved to staff. 

Disadvantages:

Obviously, departments will not be fully staffed during flexible times. But people do tend to set their own patterns of arrival and departure and usually stick to them, which means a manager can be fairly sure of knowing what time he can find each of his/her staff in. 

The taking of flex leave is sometimes perceived as a detriment. However, the number of hours worked is the focus of the scheme, not necessarily when they are done. Consequently, if staff have worked up enough time to have a flex day, the business should see no detriment in terms of hours of work done.   

What are the Flextime Rules?

Bandwidth: 

Monday to Friday 8.00 am to 6.00 pm 

Core time:

Monday to Friday 9.30 am to 12.00 noon, 2.00 pm to 4.00 pm (3.00pm on Friday) 

Lunch Break: 

Minimum ½ hour: maximum 2 hours. 

Total Minimum Working Hours: 

Staff working on a flextime basis have the benefit of the afternoon wash break arrangement, so that for recording purposes the working day is 6 hours 55 minutes (6.92) and the working week 34.60 hours (5 x 6.92 hours). 

Flex Accounting Period: 

Four weeks – equivalent to 138.40 hours (4 x 34.60 hours). 

Working Day: 

The maximum working day is 9.5 hours Monday to Friday. 

Maximum Carry Forward: 

Plus 15 hours of minus 7 hours 

Flex leave:

Flexleave is subject to prior approval and may be taken at the rate of two days in an accounting period.  This is subject to a maximum of 13 days’ flexleave in a rolling 12-month period.  Where an employee is absent for the whole of an accounting period, this period will be excluded and the 12 months prior to the absence will be considered. 

Holidays:

These will be credited at the rate of 6.92 hours per day or 3.46 hours per half day.  Statutory holidays will reduce the four-week total of 138.40 hours by 6.92 hours per day. 

Sickness Absence:

Sickness absence will be credited at the rate of 6.92 hours per day.  Staff who are sent home during office hours will be credited as if they had worked until 4.25 pm, with 45 minutes for lunch where applicable. 

Work Outside the Office: 

Individuals should be credited with the appropriate time taken, up to a maximum of 6.92 hours for a full day away from the office. 

• Bandwidth: covers the time during which the business is open (excluding call centers) – 8am to 6pm. 

• Flexible time: is normally in the morning, at lunchtime and at the end of the day. This enables staff to choose their times of arrival and departure, e.g. 8 to 9.30am, 12 to 2pm and 4 to 6pm (3 to 6pm on Friday). 

• Core time: is the mandatory attendance period when all staff must be present, e.g. 9.30 to 12pm and 2 to 4pm (3pm on Friday). 

• Debit and credit: are the variance between actual hours worked and the target for the accounting period. A debit of 7 hours, or a credit of 15 hours can be carried over from one accounting period to the next. 

• Adjustments: are made for absence from the business, e.g. time off for training, sick leave or holidays, etc., - the due credit is given via adjustment. 

• Flexleave: is time taken in lieu of credit hours with the prior permission of team leaders / managers.  Time is taken in half or full day periods. 

If there is a need to temporarily move staff to cover staff shortages, this may need to be done at short notice. However, when staff are asked to move branches on a more long-term basis, they should be given appropriate notice. The amount of notice will depend on individual circumstances, i.e. travelling distance, caring responsibilities, etc. However, being told on a Friday that you are moving on a Monday is not usually appropriate notice, and does not allow time to explore any difficulties that may arise from the move. 

As a rule of thumb staff should not be out of pocket from a branch move if they have been asked to relocate - the business should pay any additional travel/parking costs. The Co-op Bank policy can be found at - Openworld/Good with People/People Policies and Advice/Additional Travel Allowance. 

The business should also consider any domestic difficulties caused by the move, and try to accommodate them as far as possible. In essence the business should try to ameliorate any problems caused by relocating branch staff, when it is not at their request.

Similarly, if staff have particular working arrangements in their original branch, these should be honoured in the new branch. These issues should be explored before a member of staff moves branch, so that all parties are clear as to what issues there may be. If that doesn't prove to be possible, then justification needs to be made, as a change of working hours is a change to contract. A proper consultation held with the member of staff to try and reach a suitable alternative arrangement. The need to change working arrangements should be an exceptional circumstance though. 

It would be unfair to make a member of staff move branches, only to change their working arrangements once they have started work in their new branch. Staff should not be disadvantaged because a relocation was made with undue haste. 

Union members who are affected are advised to contact the Union Office (Miller St x2085), and get some advice.

The Union Office have received a number of calls, particularly over recent months from colleagues across the Branch network with queries regarding staying beyond working hours due to till not balancing or shortages. 

There does not appear to be a clear or consistent approach across the network for dealing with these situations. Unite is taking this issue up with Co-op Bank with a view to developing appropriate guidance.  

If you have an issue, please let us know - or chances are we may never know about it.