Management of Change (Police Staff)

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1 PG 043 Type of Document: Management of Change (Police Staff) Manager s Guide Version: 1.1 Registered Owner: Author: Head of HR & OD Jill Samuels, HR Projects Effective Date: October 2014 Review Date: October 2017 Replaces document (if applicable) Linked Documents: PS 122 Management of Change Policy PD 587 Management of Change Procedure PS 173 Recruitment & Selection Policy PD 381 Police Staff Recruitment & Selection Procedure Functional owner Signed: Name: Margaret Monckton Post: ACO Resources Date: Authorised (Head of Dept/FEG) Signed: Name: Sharon Ault Post: Head of HR & OD Date: PG 043 Management of Change (Police Staff) Managers Guide Page 1 of 23

2 Table of Contents SECTION 1 VERSION CONTROL... 2 SECTION 2 AIM OF GUIDE... 3 SECTION 3 WHO DOES THE POLICY AND PROCEDURE APPLY TO?... 3 SECTION 4 PROJECT LEAD RESPONSIBILITIES... 4 SECTION 5 GETTING STARTED THE CHANGE PROCESS Change situation identified Development of case for change Prepare documentation for change programme Commence consultation End of formal consultation - Feedback received Implement change as approved Post status determination process Right of appeal Status decision of post Right for employees to be accompanied at meetings SECTION 6 AT RISK The 1:1 meeting to advise an individual they are at risk What does at risk mean for individuals? Alternative employment support Suitable alternative employment Prioritised open recruitment (Alternative employment) Exceptional at risk priority status Trial periods Extended trial period SECTION 7 REDUNDANCY Notice of redundancy Appeal against selection for redundancy Time off to seek employment Early release of redundant employees Redundancy payments New employment covered by The Modification Order Re-engagement after redundancy/early retirement SECTION 8 CHANGES WHICH DO NOT INVOLVE REDUNDANCIES SECTION 9 INFORMATION SECURITY SECTION 10 CONFIDENTIALITY AND RECORDING INFORMATION SECTION 11 MONITORING AND REVIEW SECTION 12 LEGISLATIVE COMPLIANCE SECTION 13 APPENDICES SECTION 1 VERSION CONTROL Version Date Post Post Reason for Issue No. Holder/Author 1.0 July 2014 Jill Samuels HR Projects New Management Guide 1.1 October 2014 Sandra Brown HR Manager Corrected Flow Chart, Appendix B PG 043 Management of Change (Police Staff) Managers Guide Page 2 of 23

3 SECTION 2 AIM OF GUIDE The management of change policy and procedure will provide a framework that sets a consistent standard for all to follow. As a project lead you will support the implementation of organisational change, whilst supporting individuals throughout the change process. It is intended that this guide will provide you with practical guidance and helpful information on managing the process and individuals during what can be a difficult period. A key factor to managing change is to manage it sensitively, fairly, consistently and transparently. It is also important to recognise individual differences and understand that individuals can be affected by change in different ways. How people respond to change can impact on the quality of their work and thereby on service delivery, your role is crucial in maintaining employee engagement and motivation levels throughout, and importantly after, the period of change. By working closely with Human Resources and by consulting with GMB, UNISON and employees you will aim to ensure that those affected by the change are treated in a fair, transparent and consistent manner. To ensure we adhere to employment legislation within the change management process a lead from Human Resources will be appointed who will support you throughout the change management programme. You will also be sent a Managers Tool Kit which will provide you with standard letters, forms and further guidance on specific areas. To allow you to have the full picture this guide must be read in conjunction with PS122 Management of Change Policy and PD 587 Management of Change Procedure. SECTION 3 WHO DOES THE POLICY AND PROCEDURE APPLY TO? The Management of Change policy and procedure applies to Police Staff only. Police Officers are governed by Police Officer Regulations. The following groups are covered: Substantive post holders And those: on Fixed Term Contracts on secondment outside of the Force away from the organisation, for example, on long term sickness absence, maternity leave, career break It does not apply to: People seconded into the Force who are employed by another organisation Volunteers Agency staff Or to staff in situations where: Cases relate to discipline, capability or medical grounds, for which corporate procedures apply Decisions are taken to outsource services Transfer of Undertaking (TUPE) Regulations apply PG 043 Management of Change (Police Staff) Managers Guide Page 3 of 23

4 SECTION 4 PROJECT LEAD RESPONSIBILITIES As the project lead you will be responsible for the successful delivery of the change programme. People will react differently to change and at a different pace; for some the change will be welcome and for others it can be a concern; it is important that their reactions (be they positive or negative) are recognised and addressed appropriately. The key to any successful change project is a willingness to engage with people by listening to their views and providing feedback to questions and concerns they may have. For this reason, it is essential that you are both active and visible throughout the consultation process by maintaining regular contact with the affected members of staff. Be a role model for change by communicating a clear understanding of the vision, goal and objectives for the proposed changes. You will also need to consider how employee productivity and motivation will be sustained through the period of uncertainty and be sensitive to people s individual needs; for instance, changes in someone s behaviour could indicate the person requires additional support. Section of the management of change procedure (PD 587) provides further guidance on your responsibility as a project lead - refer to the headings Senior Manager/Line Manager in this section. Please note that the points in this section are only headlines and are not an exhaustive list. You may be required to produce key documents throughout the project as well as managing relationships with various stakeholders. Your HR lead will be able to support and guide you as required. By developing a timeline, managers should aim to conclude change projects as quickly as feasible, whilst adhering to legal requirements. Change can be a very difficult time for employees, our employee assistance programme run by CiC is an external provider that offers free, independent and confidential advice and counselling to all employees and their families. Counselling Service (CiC) Employee Assistance Programme CiC are an external organisation which the Force contracts with to provide a confidential support service 24 hours a day, 365 days a year to all police officers and police staff free of charge. They can provide: Counselling by phone, face to face and online Financial and debt advice Legal advice Information services for family care and everyday matters Managerial advice line for new and existing managers giving advice on coaching, coping with pressure and stress, dealing with difficult situations and decision, etc Online resources Telephone: PG 043 Management of Change (Police Staff) Managers Guide Page 4 of 23

5 SECTION 5 GETTING STARTED THE CHANGE PROCESS A change process has a number of stages as identified below, this section will explain these stages for you, however further information and guidance is available in the Management of Change procedure and the Managers Tool Kit: Change Process Flow Chart Change situation identified (Complete Scoping Document) Development of case for change (Full Business Case or Formal Consultation) Approval Received (FEB or Chief Officer Lead) Pre-work and headlines informally shared with trade unions (Informal Consultation) Prepare documentation for change programme (Pre-work Section and Formal Consultation) Consultation periods: Less than 20 Redundancies 14 days Commence Consultation (Formal) Statutory Legislation periods for consultation: 20 + Redundancies min. 30 days 100+ Redundancies min. 45 days Please note these numbers relate to a cumulative number of possible redundancies from a force wide perspective, it is not only for your own project. End of Formal Consultation (Final Decision document produced) Implement Change as approved i.e. - Slotting-in - Redeployment - Redundancy notices 5.1 Change situation identified Once it is identified that there is a requirement for organisational change, you will be required to prepare a scoping document which will detail your proposals, it should define the level of change which you initially think is required in your process. (A sample of a completed scoping document and guidance notes can be found in the Managers Tool Kit) 5.2 Development of case for change Based on the scoping document you provide, the Programme Office will determine which documentation path you need to follow for the initial stages of your change programme. You will need to complete either a Full Business Case or a Formal Consultation Document. PG 043 Management of Change (Police Staff) Managers Guide Page 5 of 23

6 Your approval route to get authority to start formal consultation varies for these as shown below: FULL BUSINESS CASE Where the change is deemed to be significant by the Programme Office then a full business case will need to be developed seeking advice and guidance from various relevant specialists such as HR, Finance and IS. You will be given a project manager from the Programme Office who will assist you with the development of the business case. FORMAL CONSULTATION DOCUMENT Where the change is not determined to need a full business case by the Programme Office but still involves proposed changes to individuals terms and conditions of employment, a Formal Consultation Document should be prepared by the project lead. You will complete this in full consultation with both your HR and Finance Business Partners. The level of detail required in this document will be determined by the type and scale of the proposed changes. APPROVAL ROUTE: Your completed business case will follow a process for quality assurance and then final approval will be sought from FEB, for the business case to proceed to Formal consultation. Final approval will be sought by the relevant Chief Officer lead. Points to note: PROCEED TO CONSULTATION (A HR Consultant will be appointed to support your change project) An Equality Analysis (EA) needs to be completed for the change project, advice should be sought from your HR Consultant. Any changes made to the proposals may need further authorisation and consultation with Trade Unions and employees. 5.3 Prepare documentation for change programme Once the business case has been approved to move to consultation, you will complete the Formal Consultation Document (See Managers Tool Kit for a completed example) supported by your HR Consultant. The document will be used throughout the change programme and will contain the proposals approved to be presented in draft form for consultation. (Following the conclusion of formal consultation, a final decision document will be produced which summarises the comments received and your responses) This consultation document will be shared with all affected employees, and a copy will also be placed on the Intranet on the HR change project page. PG 043 Management of Change (Police Staff) Managers Guide Page 6 of 23

7 In addition to the Formal Consultation Document, you will need to ensure the following are prepared (where applicable) before consultation can begin, please note a copy of these proposals will be given to employees as part of their briefing pack: - Job descriptions and person specifications (See note 1) - Proposed status position for each post in the existing structure (See note 2) - Selection process for competitive slotting-in process, including selection criteria, assessment information, benchmarks etc. (See note 3) - Relocation process (See note 4) - Shift pattern changes (See note 5) - Voluntary redundancy (See note 6) - PowerPoint presentation for consultation briefing (See note 7) Note 1 Job descriptions and person specifications for all posts in the proposed structure need to be completed in a draft format and checked by HR. It may be that these are existing job descriptions with no or with minor amendments or that they are new job descriptions. [See the Job Evaluation Procedure for more details] Note 2 The proposed status position for each post in the existing structure should be documented. Therefore based on the draft proposed job descriptions you will undertake the job status determination process (This process is detailed further in section and also Appendix B) by comparing old job descriptions against new job descriptions to determine if the old posts are likely to hold a status of either slotted-in ; not slotted-in or job redundant. Staff will be able to give initial feedback on this for you to consider, but also bear in mind that the job descriptions used for the comparison exercise were draft and therefore following staff feedback these may change, therefore, the determination of the post status may also change. Note 3 Should the programme involve a proposed number reduction to posts (competitive slotting-in process) then the proposed method of assessment/ selection should be detailed for staff to have an opportunity to be consulted on the approach being considered. It will be your responsibility to design the assessment process, with support from your HR Consultant. The selection criteria for the competitive slotting-in will be based on fair, consistent, objective and non-discriminatory grounds. It must be consulted uponwith the trade unions and aim to assess individuals skills in relation to the future requirement of the organisation. [The full assessment process, including questions, presentation topics, marking guides etc must be prepared at this stage; the questions will not be part of the consultation process however.] The assessment process may consist of a number of elements, for example interview, skills testing, presentation, role play. There will be no requirement for a benchmark in these circumstances; positions will be given to the highest scoring candidates. Note 4 If relocation is part of the programme then the proposed method of assessment/ selection should be detailed for staff to allow the opportunity to consult on the approach being considered (See Managers Tool Kit for an example). PG 043 Management of Change (Police Staff) Managers Guide Page 7 of 23

8 Please note relocation can result from either the whole function moving to different office accommodation or as an outcome from a competitive selection process where the role is used at various locations i.e. Detention Officers are based at specific custody suites. The payment for excess travel costs will only be considered where a case for change requires a location move, but will not result in redundancy. Where excess travel costs are agreed, the individual can choose if they wish this to be paid for a period of either 6 months (monthly payments) or as a lump sum payment equivalent to 3 months travel. Note 5 Proposed new shift patterns should be created and include details of the shift allowances which the patterns attract. You should consider the possibility of flexible working in the shift pattern and how this could be achieved, and the relevant details of this. All flexible working requests will be explored on a 1:1 basis in line with the force policy on Flexible working. If there is a set part time shift pattern which is explicit to the business needs this will also need to be detailed. The shift pattern consultation process (See Managers Tool Kit for process) will also be shared as part of the pack. Note 6 Voluntary Redundancy options which will be considered during the programme should be documented. It may be that some programmes will offer VR as an option across all staff affected by the programme or it may be that it will only be offered to those staff in the situation where there is a specific number reduction to posts. This detail should be made clear for staff at the consultation briefing. It should be made clear to staff that the organisation retains the right to approve or not any requests for Voluntary Redundancy. Note 7 The PowerPoint presentation will follow a standard format (See Managers Tool Kit); any specifics in relation to your programme should be added in (your HR Consultant will advise). 5.4 Commence consultation Once you have completed the pre-consultation work and the Formal Consultation Document, informal consultation with the Trade Unions and then formal consultation with employees will commence. Informal consultation (held with the trade unions) This will take place with the Trade Unions, in confidence, to enable them to have notification in advance of any proposed organisational change and to provide the opportunity for them to give feedback to you on the proposals, prior to speaking with the employees affected. Formal consultation (Held with the employees) Following the completion of the informal consultation, you will be able to commence the group briefings with the employees this is Formal Consultation. Consultation must be undertaken for any change that may result in redundancies or a restructure and for any changes to terms and conditions for example changes to hours of working or shift patterns. The processes are described further in this guide. Note: Where 20 or more redundancies are proposed there is a legal requirement to notify the Secretary of State for the Department of Business, Innovation & Skills (via The Insolvency Service). In consultation with HR you will complete and send the HR1 PG 043 Management of Change (Police Staff) Managers Guide Page 8 of 23

9 form. A copy of this form is also provided to the Trade Unions. You should be aware that whilst your own change project may not propose 20 or more redundancies, if other change projects are being implemented concurrently within Force, this may take the total number of proposed redundancies to be 20 or more and this will extend the required minimum period of consultation. This should be discussed with your HR Consultant when you are developing the timeline for the project. Please be aware that should your programme require more than one group briefing to allow you to capture all employees affected (i.e. due to large employee numbers involved /shift working) these should be held as close together as possible, as the start date of the formal consultation will not commence until the completion of all the group briefings. You will chair the briefing and present the proposals to the affected employees, HR will be there to provide you with support and assist you in answering questions. Trade Unions will also be invited to attend to allow representation for their members. Note: Where the impact of the proposals is deemed highly sensitive for an individual or a small group of employees, such employees should be informed of the proposal before it is generally circulated. Individuals may be accompanied by a Trade Union representative or work colleague at such a meeting (see section 5.7). Should you have anyone who requires this type of pre-meeting please seek advice from your HR Consultant. All affected employees must be invited to the meeting. Typically at least 5 working days notice of the meeting should be given. Anyone from the affected area who is away from the organisation [eg on secondment, long term sick, maternity or paternity leave] must be invited to attend all consultation meetings, or alternative arrangements made to ensure that they are fully engaged and in receipt of all necessary information (including access to job opportunities and alternative employment support activity if they are at risk during the process). Note: Failure to properly consult an employee on maternity/adoption/additional paternity or parental leave about possible redundancy is likely to be unlawful discrimination. You should outline the proposals and take any questions from the group or the Trade Unions. Any questions that cannot be immediately answered should be taken note of and a commitment made to provide a response through an appropriate channel. You should conclude the briefing by outlining the consultation timeline (HR will prepare this with you, a completed example can be seen in the Managers Tool Kit), what activities are involved and what the next steps will be. All affected employees will be provided with a pack of information at this briefing which will include all the pre consultation work which you will have completed for the programme plus a copy of the Formal Consultation Document, contact details and FAQ s. As the consultation and plans for implementation progress, you need to ensure that employees are kept up to date with what is happening and also give them the opportunity for meetings with you should they request these. NOTE: All staff who may be potentially put at risk will be offered the opportunity to have an individual [1:1] meeting with you after the group briefings have been held. HR will support you at this meeting and if the individual wishes they can arrange for a trade union representative or a colleague to accompany them (refer to section 5.7). PG 043 Management of Change (Police Staff) Managers Guide Page 9 of 23

10 Individual consultation During the group briefing, it should be communicated that any individual affected by the change programme may request a 1:1 as part of the consultation process. Individuals may choose to request such a meeting to discuss their personal circumstances and any personal impact that the proposals have on them. Where requested, you should ensure that this is arranged, with the meeting taking place during the consultation period wherever possible. The individual has the right to be accompanied by a trade union representative (refer to section 5.7), and where required an HR representative will also attend. You must keep a record of the meeting, using the relevant Individual Consultation form from the Manager s Toolkit. Any concerns raised by the individuals should be taken in to consideration as part of the consultation feedback. Where any reasonable adjustments are requested, these should be given full consideration and feedback given to the individual. 5.5 End of formal consultation - Feedback received At the end of the consultation period with the support of HR, you will consider any additional proposals and comments that have been put forward. If any of these result in a more viable and preferred business solution, you must discuss these with your senior manager and, if required, the initial proposal can be amended. Remember that any change may require authorisation from FEB or the relevant Chief Officer lead prior to implementation. Once approval is given, then a final decision document is produced, which summarises the comments received and your response. The document will detail exactly what changes are going to be implemented and should set out the steps to be taken to implement them together with the timetable. The final decision document should be given to the Trade Unions, in confidence, prior to sharing with affected employees. The decisions detailed in the Final Decision Document will be shared with the affected employees; this would normally be done through a briefing process but must be backed up in writing; however, on occasion, the final Decision Document may be sent out to all affected employees without a need for a briefing session to be held. This is the exception and your HR support will advise on this. NOTE: Those who raised individual issues e.g. querying if they should be in the group of employees affected, should receive an individual written response explaining the decision in their case either during or at the end of consultation. 5.6 Implement change as approved Once the consultation is complete and the final decisions have been taken there will be a process for transitioning people as appropriate. The process has now moved from the consultation stage and into the implementation stage Post status determination process With reference to the pre work completed prior to consultation (briefly explained earlier on page 6, note 7), once consultation has been completed there is a need to review the documentation and determine if any of the post status determinations needs to be revisited and possibly amended. PG 043 Management of Change (Police Staff) Managers Guide Page 10 of 23

11 Individuals may, or may not, automatically transition from the old to the new structure based on the status of their existing post. The transition into the new structure can clearly be seen on the flow chart in Appendix A, Potential Outcomes for Individuals, however, a summary of each of these is also noted below for you. The outcome of this process should be confirmed to individuals at an individual/ group meeting (whichever is more appropriate) as well as being given to them in writing (see letters in managers toolkit), as soon as reasonably possible. Post Status Slotted-in Competitive Slotting-in (If unsuccessful there is a right of appeal against the selection decision) When this occurs and what it means There are either no changes or minor changes to the job descriptions The post remains the same grade in the new structure* There are the same or more number of positions for the post in the new structure The post holder will have secured a post and will transition automatically into the new structure This occurs as above however if there are less number of positions for the post in the new structure, then we refer to the process being competitive slotting-in as the post holders will have to go through a competitive process to secure a post in the new structure. (See Appendix B for the process) Post holders in this situation are advised that they are At Risk of Redundancy and are placed on the At Risk register. This means the post holders also have the opportunity to apply for other posts under the banner of Prioritised Recruitment (see Appendix C) for the period they remain on the At Risk register and in accordance with their notice period. The important point to note at this stage is that the post holders have not been given their notice of redundancy this would only happen if they are unsuccessful in securing one of the posts at the end of the competitive process. *In extraordinary cases, where a job has no or very minor changes but is re-evaluated one grade lower, the slotting-in process may apply. This situation would incur a period of salary protection for a period of 12 months or the option as a lump sum payment equivalent to 6 months protection at the higher salary. Not Slotted-in (There is a right of appeal against this decision) Job Redundant (There is a right of appeal against this decision) This is where it is deemed that there is significant change to the existing job and/ or a change of grade to the post. The post holder will be placed on the At Risk register and will have the opportunity to apply for other posts under the banner of prioritised recruitment (see section 6.6 and the process on Appendix C). The post does not exist in the new structure. Therefore the post holder will be placed on the At Risk register and will have the opportunity to apply for other posts under the banner of prioritised recruitment (see section 6.6 and the process on Appendix C) Right of appeal Status decision of post Once individuals have been notified of their post status, they have the right of appeal in the following circumstances: Appeal after competitive slotting-in Process PG 043 Management of Change (Police Staff) Managers Guide Page 11 of 23

12 If an individual is unsuccessful following the completion of a competitive slotting-in process, they have the right of appeal against the selection decision, which is detailed in writing. However, prior to submitting an appeal, the individual should meet with the chair of the panel to seek an informal resolution. Meetings should be held as soon as possible, time needs to be planned into the process to allow this. Should the individual still wish to appeal following the informal meeting then they should submit this in writing within 5 days from receipt of their letter confirming the unsuccessful outcome. Unless the individual specifically requests a hearing, appeals will normally be dealt with by a written response. The decision will be communicated in writing to the individual within 3 working days of receipt of the written appeal. Appeal Post Status of Not Slotted-in If an individual s status decision of their post has been confirmed as not slotted-in then they have the right of appeal against this decision. Prior to submitting their appeal they must meet with you to try and seek an informal resolution first. It is important that you have some time in your diary blocked for the informal meetings, as if the individual wishes to formally appeal they only have 5 days from receiving their letter to do so. Unless the individual specifically requests a hearing, appeals will normally be dealt with by a written response. The decision will be communicated in writing to the individual within 3 working days of receipt of the written appeal. Appeal Post Status of Post Redundant If it has been confirmed that a post will not be in the new structure then the individuals affected have the right to appeal this decision. This should be put in writing and addressed to the Senior Manager as detailed in their letter within 5 days of receipt of their letter. An appeal hearing will be arranged and the individual will be advised of this as soon as possible with sufficient time for them to arrange representation to attend with them, if they wish. The decision will be communicated in writing to the individual within 3 working days of appeal hearing. Note: When an individual submits a formal appeal in writing the letter should include: - Specifically why they believe the decision is not correct, and; - What they see as a reasonable outcome of the appeal Following this formal route there is no further right of appeal with regards to the job status or selection process decision. 5.7 Right for employees to be accompanied at meetings Employees involved in organisational change meetings have the right to be accompanied by a Trade Union representative or a workplace colleague who is an employee of the organisation. Individuals should advise the Manager/HR prior to the meeting that they wish to be accompanied and confirm who that representative will be. Arranging representation to attend is the employees responsibility and they should ensure that there are no undue delays to the scheduling of the meetings. PG 043 Management of Change (Police Staff) Managers Guide Page 12 of 23

13 SECTION 6 AT RISK At the close of formal consultation where an individual has been identified as at risk, they will be placed on the at risk register. They will remain on this for a period of no less than three months. During this time individuals will be given formal notice of redundancy, which will be either the statutory minimum notice or their contractual notice, whichever is the greater. For your reference contractual notice periods and statutory notice periods are detailed below: Contractual Notice period (employer to employee) Grade Up to grade A1 All P grade posts All M grade posts and above Contractual Notice period One month Two months Three months Statutory Notice period (employer to employee) Length of Service (continuously employed) One month or more, but for less than two years Statutory Notice Period One weeks notice. 2 years Two weeks notice. Two weeks + add one additional weeks notice More than 2 years for each further complete year of continuous employment, up to a maximum of 12 weeks The flow chart in Appendix C details the process which an individual who is at risk will follow. Note: Whilst an individual is on the at risk register, the staffing costs will be met by the existing division / department. 6.1 The 1:1 meeting to advise an individual they are at risk When you are advising an individual that they are at risk following the determination of their post status (competitive slotting-in; not slotted-in or post redundant), this should be offered as a 1:1 session and individuals should be advised of the date and time of this meeting in writing. For those involved in a competitive slotting-in process, individuals may not wish to take this meeting up immediately. They may choose to go through their competitive slotting-in process first, and then have their 1:1 meeting if they are unsuccessful. This is their choice, however they will still be placed on the At Risk register which will allow them to have the opportunities which are available through this. For all other situations a 1:1 meeting must be held. During the 1:1 meeting, the following should be discussed: PG 043 Management of Change (Police Staff) Managers Guide Page 13 of 23

14 The final consultation document should be shared The change and position of the individuals posts status/ process they will follow (as shown in Appendix A) should be clearly explained to them Individual can give feedback and other options in relation to their personal situation Share concerns and preferences hours etc. Individuals preferences for re-deployment Advise of the process for open recruitment and what priority status means for them The individual will be asked to complete a skills profile template for return to the HR Consultant. This information will be used during the search for alternative employment. Advise that if they would like to, they can request a redundancy pay estimate, for their information. It is important that at this meeting the individual realises that this meeting is being held to advise them that they are At Risk and that this is not them receiving their notice period. That this would happen at another meeting should they have not yet secured an alternative post. Your HR Consult will attend this meeting with you and the individual may chose to be accompanied by a trade union representative or a colleague (see section 5.7). You must keep a record of the meeting, using the relevant Individual Consultation form from the Manager s Toolkit (The form completed is dependent on the circumstances of the individual). Where the individual is not at work (maternity, sickness etc.) you should make contact with them and arrange for a suitable date, time and place to undertake the 1:1 meeting. If it is not possible to meet then agreement should be sought as to the best way of communicating. This may be via , telephone or through a representative. You must keep a record of this contact. The HR Consultantant will place the individual on the at risk register and will regularly review progress with the individual on their search for either suitable alternative employment, or alternative roles at a different grade. 6.2 What does at risk mean for individuals? Any individual who does not have a post following the restructure, or going through a competitive slotting-in process, will be at risk and on the at risk register. This will be for a minimum of 3 months, with formal notice of dismissal, by means of redundancy, being served at the appropriate time. Employees who are at risk are expected to actively engage in the alternative employment search process, where applicable, and make every effort to apply for suitable posts as they are advertised, giving serious consideration to opportunities so that they do not prejudice their right to a redundancy payment. Once placed at risk, individuals will have a priority status attached to any applications they submit for vacancies (Please refer to the procedure and the Managers Tool Kit for more information on this area) PG 043 Management of Change (Police Staff) Managers Guide Page 14 of 23

15 Individuals who are placed at risk will also be able to access alternative employment support programmes which the Force supports. This will be available throughout the period of search for alternative employment until their notice period ends. 6.3 Alternative employment support Engagement in alternative employment support activity is a two way process. Employees are expected to engage with a positive and constructive attitude and approach so that they maximise their own opportunity for success. Details of what support may be available will be discussed at the initial briefing. 6.4 Suitable alternative employment The Force will work with the employee to identify any opportunities which may be classed as either a suitable alternative to their previous role, or an alternative. The definition of a suitable alternative role below identifies the difference between this and an alternative employment role: A suitable alternative role is one where the following factors indicate the degree of similarity in the terms and conditions between the old role and the new one: The same grade/pay No loss of status Location within a reasonable distance (NB: Mobility clause) Working environment (this may be important for those employees who suffer with a health complaint or physical disability) Hours of work (in relation to previous ) This distinction is important in relation to the employee s right to a redundancy payment if they leave the organisation. If a role is considered by the organisation to be a suitable alternative, and the individual chooses not to accept it (or apply for it) they may lose their right to a redundancy payment should they subsequently leave the organisation, as a result of a change programme, at the end of their formal notice period. In considering whether a post is suitable alternative employment, regard should be made to the personal circumstances of the individual. Employees will be expected to demonstrate some flexibility by adapting their domestic arrangements where possible. 6.5 Prioritised open recruitment (Alternative employment) The process for seeking alternative employment within the Force is called prioritised open recruitment. All unfilled, vacant and new posts in the new structure will be advertised openly within the Force together with other Force vacancies and where applicable externally. Applicants will be placed into one of three priority groups: Priority Group 1 At risk individuals within the area of change Priority Group 2 At risk individuals on the redeployment register from other areas Priority Group 3 Other internal / external candidates PG 043 Management of Change (Police Staff) Managers Guide Page 15 of 23

16 HR will give advice and guidance to recruiting managers during the selection process on this area. 6.6 Exceptional at risk priority status Anyone who is on the at risk register, in one of the groups below, in the stated order, will supersede any other at risk candidate in the priority groups stated in open recruitment process: 1. On Maternity, Adoption or Additional Paternity Leave 2. Disabled according to the Equality Act 2010, as amended, where reasonable adjustments may make the role suitable for that individual They must meet the essential criteria and the benchmark (unless directly slotted-in) or, if they do not meet the benchmark, the manager must be confident that they are capable of meeting it within a reasonable timeframe with appropriate training/support. The manager must also take into account that additional support may be required by anyone with a disability in the search for alternative employment process. Employees who are pregnant or on maternity leave, adoption or additional paternity leave must be treated more favourably during their redundancy notice period than any other redundant employees. A failure to meet this obligation could result in the dismissal being automatically unfair as well as being unlawful discrimination. However if there are no suitable/alternative vacancies, an employee may be made redundant during or after maternity, adoption or additional paternity leave providing: There is a genuine redundancy situation There is no suitable/alternative work available Redeployment has been considered The correct procedures have been followed Further advice and support can be provided by the HR Consultant supporting the Change. 6.7 Trial periods An employee who is at risk of redundancy, and accepts alternative employment, must be given a 4 week trial period to decide if it is suitable, during which time they retain their right to a redundancy payment. The Manager should use the trial period to assess an individual s suitability for the new role. The trial will run concurrently with the individual s notice period, if they are under formal notice of redundancy. During a trial period, an employee is removed from the at risk register and therefore will not be considered for any other alternative employment opportunities that may arise. If the individual has an unsuccessful trial period and still has a period of notice to serve they will be placed back onto the at risk register. The circumstances will be reviewed to identify where the individual will work in the intervening period should this occur. 6.8 Extended trial period In certain circumstances, by agreement with the line manager and HR, an alternative employment offer will be made where the selected individual does not fully meet the PG 043 Management of Change (Police Staff) Managers Guide Page 16 of 23

17 requirements of the new post but, in the manager s judgement, can reasonably be expected to acquire the necessary knowledge, skills or experience within a reasonable time following appropriate training/support. It is essential that the Manager, with support from HR, clearly documents the arrangements in writing detailing the dates of the agreed extended period with an appropriate development plan. A reasonable time will depend on the operational impact of the knowledge, skills or experience gap, including the capacity of the service to cover the gap in other ways, but would not normally exceed 3 months. SECTION 7 REDUNDANCY 7.1 Notice of redundancy Notice of redundancy will be given at either point of the change programme: - At the close of consultation where a role significantly changes or no longer exists in the new structure - On completion of the selection process where a competitive slotting-in process takes place and an individual does not secure a role As previously advised in Section 6, individuals are entitled to different notice periods (statutory or contractual, whichever is more favourable) however this needs to be issued in coincidence with the individual having at least 3 months on the redeployment register. You should arrange a 1:1 meeting to issue formal notice of redundancy (see letters in managers toolkit) and ensure that the meeting covers the following points: Confirm that the individual has been selected for redundancy Explain the basis for the decision Inform the individual that their employment will end on the grounds of redundancy and the effective date Provide details of their entitlement to redundancy payment Advise the individual of the provisions of the redeployment procedure including right to a reasonable amount of time off to look for work Explain the right of appeal Note any comments that the affected individual or their representative may wish to make in relation to their selection for redundancy Your HR Consultant will attend this meeting with you and the individual may chose to be accompanied by a trade union representative or a colleague (see section 5.7). You must keep a record of the meeting, using the relevant Individual Consultation form from the Manager s Toolkit (The form completed is dependent on the circumstances of the individual). 7.2 Appeal against selection for redundancy An individual has the right to appeal this decision. They have to put this in writing directly to the named person who will be hearing the appeals for the department within 5 days of receiving their letter. PG 043 Management of Change (Police Staff) Managers Guide Page 17 of 23

18 An appeal hearing will be arranged and the individual will be advised of this as soon as possible with sufficient time for them to arrange representation to attend with them, if they wish. The decision will be communicated in writing to the individual within 3 working days of appeal hearing. 7.3 Time off to seek employment The employer is required to allow, reasonable time off to allow employees who are under notice of redundancy to seek alternative employment, including (but not limited to) training courses, alternative employment support and attending interviews. The requirement to provide paid time off can extend to 2/5ths of the individuals working week. The manager has discretion to allow more time off as long as this does not in any way affect service delivery, and any additional time off is unpaid. 7.4 Early release of redundant employees Any employee who obtains alternative employment within the Force, or secures a position externally and wishes to be released from the Department/Force early, will need to discuss this with their line manager. Their line manager will determine the suitability of the request, paying consideration to business needs, staffing requirements and the handover period that may be required. If a redundancy payment is applicable, then any early release requested by the individual, and agreed by the manager, will result in a recalculation of the final redundancy payment based on the agreed final leaving date. Any arrangement of this nature must be confirmed in writing and the individual must sign to confirm understanding of the impact of their request. 7.5 Redundancy payments Employees who are made redundant (voluntary or compulsorily) and who qualify under statutory redundancy provisions are entitled to receive a redundancy payment. Details of entitlement to payments are contained in Management of Change Procedure. 7.6 New employment covered by The Modification Order Under the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) (Amendment) Order 2004, individuals who receive an offer of employment in local government or a related service, to commence immediately or within four weeks of the date of termination of their contract, will not be entitled to redundancy payments. The employee will be regarded as having obtained alternative employment and that service will be classed as continuous. For further information on which bodies are covered by this order and any other guidance, managers should consult with HR. 7.7 Re-engagement after redundancy/early retirement It is Force policy not to re-employ anyone within 12 months of the termination date, where the individual has been made redundant from the Force, either voluntarily or through compulsory redundancy, or has taken early retirement. PG 043 Management of Change (Police Staff) Managers Guide Page 18 of 23

19 This applies not only to contracted re-employment with the organisation but also a return to the Force via an employment agency or a services contract. However, the Force reserves the right to vary this if there are exceptional circumstances, and there is a justifiable business need. The Head of Human Resources & Organisational Development will be responsible for making a decision about re-engagement in these circumstances. In the exceptional circumstance that the Force wish to offer re-employment, within the 12 month period, to an individual who left the organisation due to redundancy, the individual would be required to repay, pro-rata, any outstanding compensatory payment. For example, if an individual was re-employed 12 weeks after leaving the organisation, and was in receipt of a compensatory payment equivalent to 16 weeks, they would be required to repay 4 weeks pay to the organisation. The terms of the Redundancy Pay (Modification) Order 2004 remain as detailed above. SECTION 8 CHANGES WHICH DO NOT INVOLVE REDUNDANCIES Where affected employees are in agreement with the proposals then the organisational changes can take effect as soon as practicably possible. Where affected employees are not in agreement with the proposals then all relevant statutory notice periods will apply. A reasonable amount of formal notice will be given before such changes are implemented. The amount of notice given will depend upon the change, but will not be less than that required by statute. NB: Where there is a change in shift pattern, the minimum period of notice, as contained within the Police Staff Council handbook or local agreement as applicable will be given. Where all parties agree to the change, implementation can take place in less time. SECTION 9 INFORMATION SECURITY Documents relating to any change programme which hold any personal information must be treated as confidential, and be managed in accordance with the Data Protection Act 1988 and the Force Information Management Policies. SECTION 10 CONFIDENTIALITY AND RECORDING INFORMATION Managers must be aware that the information they hold as a result of organisational change must be managed in a secure manner in order to prevent inappropriate access. The manager must keep written records of all consultation meetings held with groups of employees and individual employees. All meetings and documentation relating to individual employees generated as part of the organisation change process, together with any appeals, will be conducted in a confidential manner and access to information restricted to those involved in the process. PG 043 Management of Change (Police Staff) Managers Guide Page 19 of 23

20 Individuals may make a subject access request for data about themselves, therefore all documentation can be requested for disclosure. SECTION 11 MONITORING AND REVIEW Once the piece of organisational change has been completed the manager, with the HR Consultant, should undertake a review of the project using the review template (Managers Toolkit). The HR Consultant is responsible for ensuring that any learning taken from the review is fed back to the Senior HR Manager - Operations. SECTION 12 LEGISLATIVE COMPLIANCE This document has been drafted to comply with the general and specific duties in the Equality Act 2010; Data Protection Act; Freedom of Information Act; European Convention of Human Rights; Employment Act 2002; Health and Safety at Work Act 1974; Employment Relations Act 1999, and other legislation relevant to policing. PG 043 Management of Change (Police Staff) Managers Guide Page 20 of 23

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