Mitigating the impact of restructures and redundancies on students

As the higher education sector is facing increasing financial pressures, it has been widely reported that universities are responding to these pressures by carefully planning for restructures, redundancies and voluntary severance schemes. When doing so, universities should consider the impact that these processes will have not only on their staff but on their students.

The University’s obligations to their students

Whilst universities have flexibility in determining how to deliver services to their students, this is limited by the terms of the student contract.

Relationships between universities and their students often last years and in those years a university may need to make some fundamental changes, such as closing a course. Prevention and preparation are key, and universities should therefore ensure that their student contracts and student protection plans are clear. This will ensure that applicants are aware what might happen and what their rights are if a university needs to make any such changes.

In the absence of a time machine, there are still ways to help mitigate the impact that redundancies or restructures might have on students if these provisions are not built in from the outset. Considering these mechanisms early in the process could ultimately help to mitigate any potential claims that students might have if they do not receive what they were promised when they entered their student contract.

Mechanisms that can help to mitigate the impact on students

Universities can adopt various mechanisms to minimise the disruption caused by restructures and redundancies on students. A few of these mechanisms are:

• Teach out: This is a process whereby the staff member agrees to leave the institution but also agrees to continue teaching until the end of the course. This can be facilitated by way of a two-part settlement agreement, which can be negotiated with staff who are leaving via a voluntary severance scheme or agreeing a later end date if they are leaving as a result of a compulsory redundancy. This can help to implement some cost savings sooner rather than later and can mitigate the impact on students by ensuring that a university is not losing all staff at the same time. It is important to consider carefully what, where and why the university might be selecting one staff member to stay on longer than another and we recommend that advice is taken before considering this option.

• Honorary contracts: Some universities may choose to use honorary contracts without payment that allow them to retain the services of staff who have been made redundant or have taken voluntary severance. This works when it is not core duties which are ongoing but some ongoing commitments to, for example, supervision of a student nearing the end of their PhD. This ensures that students have continuity of academic support and guidance from their original tutors or supervisors.

• Re-engagement on a temporary basis: Universities may consider re-engagement of an individual staff member on a reduced and different basis for a time limited period to ensure continuity of teaching or supervision. This again should be distinguished and different to the core duties to avoid undermining the redundancy.

The importance of meaningful consultation

Communication is paramount and universities should engage in meaningful consultation with their staff and students when planning and implementing restructures and redundancies. From a staff perspective, there are specific timescales that are required by statute in terms of redundancy consultation. When there is a clear proposal to consult on, then the consultation can be meaningful for both staff and students. It can help to:

• Improve the transparency and accountability of the process;
• Enhance the trust and confidence between the university, staff and students;
• Identify ways of mitigating or avoiding redundancies – students may have some solutions in terms of mitigating the impact on them and joined up thinking could help to inform the process; and
• Prevent or mitigate strong reactions to the process, reducing the risk of industrial action and/or student protests.

Students are at the heart of a university’s decision making and it is clearly important not to forget the student contract when universities are considering implementing redundancies, restructures or voluntary severance schemes. Early engagement, thoughtful planning, and open dialogue are key to mitigating the impact on students.

If you need help either at the prevention stage or at the implementation stage, get in touch so that we can help from both the staff and student perspective.

This blog is based on a vlog of Kate Allan and Sian Jackson discussing these issues, visit our Talking HEds recording.