The Newcastle Upon Tyne Hospitals NHS Foundation Trust. Employment Policies & Procedure. Redeployment Policy

Transcription

1 The Newcastle Upon Tyne Hospitals NHS Foundation Trust Employment Policies & Procedure Redeployment Policy Version No.: 3.1 Effective Date: 29 February 2016 Expiry Date: 20 May 2018 Date Ratified: 25 February 2016 Ratified by: Employment Policies & Procedures Consultative Group 1 Introduction This policy outlines the approach for supporting employees that are subject to redeployment. 2 Scope 2.1 This policy shall apply to all employees, including those seconded to other organisations. It does not apply to employees seconded into the Trust (they are the responsibility of their substantive employer), contractors and agency workers. 3 Aims 3.1 The policy aims to ensure that the Trust meets its obligations to maintain staff in employment in the following circumstances in each situation this policy should be read in conjunction with the appropriate policy: When, by reason of disability and/or other medical reason, the individual is no longer able to continue in his/her current role, despite consideration of reasonable adjustments to that role (i.e. staff who are disabled, or who have become disabled in the course of their employment Where, as a result of disciplinary action, the individual is deemed no longer able to continue in his/her current role Where, as a result of a dignity and respect at work investigation, the individual is no longer able to continue in his/her current role Where, as a result of organisational change, the individual s job no longer exists in its current format Where an employee is at risk of redundancy Where, as a result of a capability concern, an individual has agreed to voluntary redundancy this policy should be used in accordance with the capability procedures. Page 1 of 14

2 3.1.7 Where an individual is approaching the end of a fixed term contract 3.2 It aims to ensure that all staff subject to redeployment are treated in a fair and consistent manner and in accordance with relevant employment legislation. 3.3 Employment legislation may require that specific categories of staff are considered for redeployment opportunities before consideration of other redeployment candidates. 4 Duties roles and responsibilities Role The Executive team Individuals subject to redeployment Directorate Managers/Heads of Department Recruiting managers Responsible for The Executive Team is accountable to the Trust Board for ensuring Trust-wide compliance with policy. Putting themselves forward for suitable vacancies Considering reasonable changes in working arrangements, pay and responsibilities Preparing for interviews Not unreasonably turning down an offer of suitable alternative employment Directorate managers and heads of service are responsible to the Executive Team for ensuring policy implementation Providing support to individuals subject to redeployment Seeking appropriate opportunities to assimilate individuals subject to redeployment to alternative posts within the directorate/department Accepting corporate responsibility for Trust staff by responding positively to requests to consider staff subject to redeployment Short listing redeployment candidates against the essential criteria for the post Arranging to interview redeployment candidates at the earliest opportunity Assessing candidates against the essential criteria for the post as detailed in the job description and person specification Providing feedback when redeployment candidates do not meet the essential criteria for the role Determining suitability of the new appointee during a trial period Page 2 of 14

3 Role Human Resources Department Responsible for Advising staff on the redeployment process, as appropriate Maintaining a register of staff subject to redeployment Notifying redeployment candidates of forthcoming vacancies Determining the eligibility of redeployment candidates for specific posts Liaising with the recruiting manager to ensure prior consideration for vacant posts Ensuring UKBA are informed of the redeployment or termination of contract of any employee whose right to work is via a Certificate of Sponsorship and completing appropriate documentation in a timely manner 5 Suitable alternative employment 5.1 Wherever possible, the Trust will seek to maintain individuals in employment and in work of a broadly comparable nature. An audit of the employee s skills will be conducted by a Human Resources Officer, with the employee, using the Skills Audit Form (appendix 1). The line manager will be in attendance at this meeting and the employee will be entitled to request accompaniment by a colleague or Trade Union representative. 5.2 The following criteria will be used to determine the suitability of alternative employment:- The nature of the work The qualifications, skills and experience required to carry out the work The aptitude or capability of the individual to undertake the work Working arrangements i.e. hours of work, shift arrangements, etc. Level of responsibility relative to previous role Band and pay Location 5.3 Redeployment opportunities will usually be to a post at the same band or level, although posts at a lower band or level may also be included as an alternative to termination of employment, or as a workplace adjustment to support an employee who has a disability. Pay protection would not normally be available (e.g. this would usually only apply in certain circumstances where redeployment is by reason of risk of redundancy) and it will not apply in circumstances where an employee moves of their own volition to a post at a lower band or level. 5.4 The Trust will not consider a request for redeployment to a higher banded post unless the employee is covered by the Equality Act. Employees may apply for posts at a higher band or level via the normal recruitment process. Page 3 of 14

4 6 Redeployment procedure 6.1 Employees subject to redeployment will be added to the Trust s redeployment register which will be maintained by the HR Department. The HR Department will review staff on the register against vacancies (and approved RCG requests) on a weekly basis to determine potential redeployment opportunities. These will be brought to the attention of the relevant staff accordingly. 6.2 In addition, employees will be given information regarding where to find vacancies and will be asked to identify any preferences. A record of vacancies notified to an employee and the reasons for accepting/rejecting will be kept by the HR Department using the form at Appendix Line managers should identify suitable opportunities for redeployment of individuals within their own department. A structured and competitive selection process must be undertaken where more than one individual on the redeployment register wishes to be considered for the position. 6.4 Individuals subject to redeployment will be required to advise their Human Resources Officer if they wish to be considered for a vacancy within five working days of receiving information about it. Where the vacancy is open to a competitive process (i.e. if more than one individual on the redeployment register wishes to be considered for the post), individuals will also be required to submit an application form for consideration. The Human Resources department will determine their eligibility for consideration for the vacant post in accordance with the criteria outlined above (see paragraph 5), using the skills audit form and/or application form. If the post is deemed to be suitable alternative employment, the application form/skills audit form will be forwarded to the recruiting manager who will assess the candidate against the essential criteria for the post. 6.5 If the vacancy is not open to a competitive process, a meeting should be arranged between the individual and recruiting manager, to discuss the position and to allow the manager to ask questions to assess eligibility for the role, against the essential criteria. If the vacancy is open to a competitive process, interviews should be arranged. 6.6 If suitable alternative employment is being sought for an employee whose right to work is via a Certificate of Sponsorship then advice must be sought from the Human Resources Department to ensure UKBA regulations are adhered to at all times and advice sought regarding the validity of the current Certificate of Sponsorship for an alternative post. 6.7 Staff who are likely to be considered to have a disability, as defined by the Equality Act and/or staff deemed to be at risk of redundancy, will be given prior consideration for a post provided they meet the essential requirements of the person specification. Prior consideration means staff will be considered for appointment in advance of other internal or external candidates. In a redundancy situation, staff who are on maternity, paternity, parental, shared Page 4 of 14

5 parental leave or who are pregnant, must be given first refusal for suitable alternative vacancies. In order to prevent any undue delay in the recruitment process, it is anticipated that assessment will take place within a reasonable timescale. Any external advertising will be delayed pending the outcome. 6.8 Should an employee be likely to be considered to have a disability, as defined by the Equality Act, it may be considered appropriate to seek guidance from Occupational Health when considering whether a vacancy is a suitable alternative and to seek advice on any potential reasonable workplace adjustments. 6.9 Once appointed, a trial period of up to four weeks will occur, as agreed by the HR Officer, line manager, individual, and with guidance from Occupational Health, as necessary. The HR Officer will inform the Recruitment team who will commence the processing of any required pre-employment checks, in anticipation of the trial being successful During the trial period, weekly reviews will take place between the recruiting manager, employee and, where appropriate, the HR Officer. Meetings will be documented and retained on file. The employee and manager will have the opportunity to identify any areas of development and to determine at the end of the trial period if the redeployment is to be confirmed During the trial period, contractual terms of the individual s substantive post will apply (where contractual hours are reduced as a condition of a return to work, i.e. in cases of redeployment due to illness/disability, the employee will be paid for the actual hours worked) The Registration Authority (RA) Manager must be informed by the HR Officer if an employee is undertaking a trial period. The RA Manager will ensure the individual has the appropriate Spine access If a trial period is not successful, the individual will return to their substantive post and the HR Officer must immediately inform the RA Manager, to ensure the correct Spine access is reinstated. In instances where a return to the substantive post is not suitable (for example, if the redeployment is by reason of incapacity due to ill health), an alternative option will be given, as determined by the HR Officer, line manager and with guidance from Occupational Health Once redeployment has been confirmed, the HR Officer will inform the Recruitment team who will confirm the individual in post (i.e. ensure the required pre-employment checks have been completed and make amendments on ESR). A new contract/revision to contract will be issued An employee will remain on the register for a maximum period of eight weeks, after which a formal review meeting will be held, in accordance with the appropriate policy/procedure (see section 3) here termination of their contract may be considered. Notice of a provisional date of a formal review meeting Page 5 of 14

6 will be given as soon as is practicable, but no later than as defined in the appropriate policy/procedure In the event of an employee being added to the register at the same time as being given their statutory notice to terminate employment and where the notice period is longer than 8 weeks, the maximum period on the register will be extended to reflect the period of notice If an employee is undertaking a trial period at the end of the maximum period, arrangements for a final meeting will be deferred until the outcome of the trial period is known Where an employee is redeployed or termination of their contract occurs, the Human Resources Department will ensure that, for any employee whose right to work is via a Certificate of Sponsorship, UKBA are informed as per their regulations and any necessary documentation is completed Eligibility for redeployment will cease on expiry of a fixed-term contract or the expiry of notice issued in relation to redundancy or ill-health. Individual employees should therefore put themselves forward for consideration for any suitable vacancies prior to expiry of their notice period. 7 Redundancy situations In cases of redundancy, the provisions of the redeployment policy will apply from the point at which an individual s post is deemed to be at risk, or prior to this point, when appropriate. In accordance with Appendix 3, section 4.3e) of the Organisational Change and Redundancy policy, any entitlement to protection of basic salary and the applicable terms cease if the employee refuses to accept, or apply for, suitable alternative employment within the Trust without an acceptable reason. 8 Support Wherever practicable and reasonable, the Trust will consider the possibility of providing training and development or other forms of support to help employees to adjust to change and prepare for suitable alternative jobs within or outside the organisation. 9 Requests for redeployment It is recognised that there may be occasions when individuals wish to seek redeployment to an alternative role within the Trust. Whilst there is no requirement for the Trust to support or facilitate such requests, departments may wish to give consideration to redeployment in some circumstances. The HR Department should be contacted for further advice on such matters. Page 6 of 14

7 10 Training Training will be provided by the Human Resources Department to key staff following implementation of the policy. 11 Equality and Diversity The Trust is committed to ensuring that, as far as is reasonably practicable, the way we provide services to the public and the way we treat our staff reflects their individual needs and does not unlawfully discriminate against individuals or groups on any grounds. This policy has been properly assessed. 12 Monitoring Compliance with the Policy Standard / Process / Issue a. Ascertain the number of employees redeployed within the Trust in the last 12 month rolling period and the reasons for redeployment b. Ascertain the number of employees who were not successfully redeployed within the Trust in the last 12 month rolling period and the reasons why suitable redeployment could not be found Monitoring and Audit Method By Committee Frequency Reporting Director of Heads of Annually of Human Human information Resources Resources from the Meeting redeploym ent register and ESR 13 Consultation and review of this policy This policy has been reviewed in consultation with the Employment Policies and Procedures Consultative Group 14 Implementation of the policy (including raising awareness) A summary of the key changes will be notified to managers following implementation. Further advice and guidance will be available from the Human Resources Department. 15 References 1) Equality Act 2010 Available at 2) NHS Jobs Available at Page 7 of 14

8 16 Additional Documents Organisational Change and Redundancy Policy Recruitment and Selection Policy (Junior Medical and Dental Trust Doctor posts) Recruitment and Selection Policy (Non Medical) Recruitment and Selection Policy (Senior Medical and Dental Staff) Recruitment Control Group Constitution and Terms of Reference Dignity and Respect at Work policy Disciplinary policy and procedure Capability policy and procedure (non medical and dental) Employee Wellbeing policy Page 8 of 14

9 Appendix 1 The Newcastle upon Tyne Hospitals NHS Foundation Trust Redeployment - Skills Audit Name of Employee... Date of Meeting.... Name of HR Representative conducting meeting Name and job title of Line manager, in attendance Name of Staff Representative, if in attendance Current Position... Job title... Band... Contractual Hours... Normal working hours/shift... Hospital/Base... Ward/Directorate... Employment History (last 10 years) Page 9 of 14

10 Qualifications/Previous Training Courses Attended Skills Redeployment opportunities What areas/types of work have Occupational Health recommended as suitable alternative employment? What areas/type of work have Occupational Health recommended as unsuitable alternative employment? What areas/types of work would you consider as suitable alternative employment? What type of work would you consider as unsuitable? (reasons why) Page 10 of 14

11 Future training and development requirements to assist you with alternative employment (reason why) Number of contractual hours/shift patterns you are able to consider working (reasons why) Any hours/shift patterns you are unable to work i.e. weekends, night shift (reasons why) Any site/department you are unable to work at (reasons why) Any additional information HR Officer Comments Page 11 of 14

12 Employee Signature... Date... HR Officer Signature... Date... Page 12 of 14

13 The Newcastle upon Tyne Hospitals NHS Trust Redeployment Pro Forma Appendix 2 ESR ASSIGNMENT NO Staff Details TITLE FORENAME......SURNAME JOB TITLE...BAND... WARD/ DEPARTMENT.... HOSPITAL/ COMMUNITY BASE. DOES THE EMPLOYEE CURRENTLY HOLD A CERTIFICATE OF SPONSORSHIP? YES/NO Skill Audit form completed YES/NO Date Completed.... Date termination notice issued.... Notice Expiry Date... Condition falls under remit of Equality Act YES/NO Posts Identified Post Details/RCG Ref No Date allocated HR Officer Date employee advised posts available Posts employee pursuing Outcome * Page 13 of 14

14 *Offered Interview, Trialled Job, Offered Post, Unsuccessful Page 14 of 14

15 The Newcastle upon Tyne Hospitals NHS Foundation Trust Equality Analysis Form A This form must be completed and attached to any procedural document when submitted to the appropriate committee for consideration and approval. PART 1 1. Assessment Date: 2/2/ Name of policy / strategy / service: Redeployment policy 3. Name and designation of Author: Karen Pearce, Senior HR Manager (Projects) 4. Names & designations of those involved in the impact analysis screening process: Natalie Barkwill, HR Manager (Projects), HR Heads, EPPCG 5. Is this a: Policy X Strategy Service Is this: New Revised X Who is affected Employees X Service Users Wider Community 6. What are the main aims, objectives of the policy, strategy, or service and the intended outcomes? (These can be cut and pasted from your policy) This policy outlines the approach for supporting employees that are subject to redeployment and it aims to ensure that all staff subject to redeployment are treated in a fair and consistent manner and in accordance with relevant employment legislation. 7. Does this policy, strategy, or service have any equality implications? Yes No X If No, state reasons and the information used to make this decision, please refer to paragraph 2.3 of the Equality Analysis Guidance before providing reasons: See below

16 8. Summary of evidence related to protected characteristics Protected Characteristic Race / Ethnic origin (including gypsies and travellers) Sex (male/ female) Religion and Belief Sexual orientation including lesbian, gay and bisexual people Age Disability learning difficulties, physical disability, sensory impairment and mental health. Consider the needs of carers in this section Evidence, i.e. What evidence do you have that the Trust is meeting the needs of people in various protected Groups on the grounds of race/ethnic origin on the grounds of sex on the grounds of religion and belief on the grounds of sexual orientation on the grounds of age Staff who are likely to be considered to have a disability, as defined by the Equality Act will be given prior consideration for a post, provided they meet the essential requirements of the person specification Does evidence/engagement highlight areas of direct or indirect discrimination? If yes describe steps to be taken to address (by whom, completion date and review date) Does the evidence highlight any areas to advance opportunities or foster good relations. If yes what steps will be taken? (by whom, completion date and review date) Gender Re-assignment Marriage and Civil Partnership Maternity / Pregnancy on the grounds of disability on the grounds of gender reassignment on the grounds of marriage and civil partnership Staff who are on maternity, paternity, parental, shared parental leave or who are pregnant, must be given first refusal for suitable alternative vacancies on the grounds of maternity/pregnancy 9. Are there any gaps in the evidence outlined above? If yes how will these be rectified?

17 10. Engagement has taken place with people who have protected characteristics and will continue through the Equality Delivery System and the Equality Diversity and Human Rights Group. Please note you may require further engagement in respect of any significant changes to policies, new developments and or changes to service delivery. In such circumstances please contact the Equality and Diversity Lead or the Involvement and Equalities Officer. Do you require further engagement? Yes No 11. Could the policy, strategy or service have a negative impact on human rights? (E.g. the right to respect for private and family life, the right to a fair hearing and the right to education? PART 2 Name: Date of completion: (If any reader of this procedural document identifies a potential discriminatory impact that has not been identified, please refer to the Policy Author identified above, together with any suggestions for action required to avoid/reduce the impact.)