CHANGE MANAGEMENT, REDEPLOYMENT AND REDUNDANCY POLICY. 19 th December 2014

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1 CHANGE MANAGEMENT, REDEPLOYMENT AND REDUNDANCY POLICY Version: 2 Ratified by (name of Committee): JNCC Date ratified: 19 th December 2011 Date issued: 21 st December 2011 Expiry date: (Document is not valid after this date) Lead Executive/Director: Name of originator/author: Target audience: 19 th December 2014 Associate Director of Human Resources Human Resources All Staff

2 CONTRIBUTION LIST Key individuals involved in developing the document Name Human Resources JNCC Designation Associate Director of Human Resources Staff Side Chair Circulated to the following individuals for consultation Name Human Resources JNCC Designation HR Teams Staff Side 1

3 WORCESTERSHIRE HEALTH AND CARE NHS TRUST CHANGE MANAGEMENT, REDEPLOYMENT AND REDUNDANCY POLICY CONTENTS 1 INTRODUCTION 4 Page No 2 3 EQUALITY OF TREATMENT PRINCIPLES FORMAL CONSULTATION PROCESS 5 5 FORMAL COLLECTIVE CONSULTATION 6 6 FORMAL INDIVIDUAL CONSULTATION 7 7 PROCESS FOR IMPLEMENTING CHANGE 8 8 SUITABLE ALTERNATIVE EMPLOYMENT 10 9 TRIAL PERIODS PROTECTION ARRANGEMENTS PROTECTION EXCLUSIONS DEFINITIONS PROTECTION PERIODS PROTECTION OF CONDITIONS OF SERVICE CONDITIONS OF PROTECTION REDUNDANCY PROCESS ELIGIBILITY FOR REDUNDANCY PAY EXCLUSIONS FROM ELIGIBILITY EARLY RELEASE OF REDUNDANT STAFF APPEAL PROCESS MONITORING AND REVIEW 17 2

4 APPENDICES 1 CHANGE MANAGEMENT FLOW CHART 18 2 JNCC BRIEFING DOCUMENT 19 3 JNCC REPORT TEMPLATE 20 Please cross reference this policy with: Grievance Procedure Recognition Agreement Equality, Diversity and Human Rights Policy Retirement Policy 3

5 WORCESTERSHIRE HEALTH AND CARE NHS TRUST CHANGE MANAGEMENT, REDEPLOYMENT AND REDUNDANCY POLICY 1 INTRODUCTION 1.1 This Policy outlines the procedures which will apply to all staff affected by service or organisational change arising from the transfer of services, the closure and change of use of buildings where staff currently work, from improved methods of working and any other form of organisational change. 1.2 The Worcestershire Health and Care NHS Trust (the Trust) is committed to creating as secure an employment environment as possible by means of effective service and staff planning. In meeting its responsibilities in providing the best possible health care within available resources, it may be necessary to consider changes in the Trust s requirements, which will include an assessment of the staffing situation. 1.3 It is recognised that any change within the Trust can cause concern for the staff and in these situations it is the organisation s intention to consider the staff s individual interest with care and consideration. 1.4 In partnership with recognised trade unions, the Trust will take all reasonable steps to keep any changes to a minimum and agree to have meaningful consultation and discussion with all staff affected together with their representatives from the earliest opportunity 1.5 This policy, which reflects the requirements of current legislation and codes of practice, will ensure the adoption of a consistent and equitable approach to such changes and the management of any redundancy situation. 2. EQUALITY OF TREATMENT The Trust recognises the diversity of its staff and undertakes to apply this policy equitably and fairly irrespective of gender, gender identity, disability, race, age, sexual orientation, religion or belief. In the application of this policy the Trust will recognise its duty to each and every individual employee and will respect their human rights However, as an employer it also expects that its employees will treat each other in the same way as well as the patients and clients using its services Effective action shall be taken to deal with discrimination, victimisation or harassment, please see the Equality, Diversity and Human Rights Policy. 3 PRINCIPLES 3.1 The principles can be summarised as follows: a consistent approach will be adopted for all staff; 4

6 the application of these provisions will be subject to consultation with staff and staff side in good time before final decisions are made with a view to reaching agreement; the application of this policy needs to balance the requirements to achieve the necessary implementation of organisational change whilst making every effort to minimise disruption to services and anxiety to staff, retain staff commitment and at the same time ensure compliance with employment legislation and good practice; it will be of primary importance to maintain continuity of service provision and employment and stability within the workforce throughout any organisational change; the Trust shall seek to retain the skills and experience of staff within the service where practicable and compulsory redundancies will be avoided wherever possible; Where compulsory redundancies are necessary, the Trust will aim to handle these in the most fair, consistent and sympathetic manner possible; to minimise compulsory redundancies, the Trust will canvass staff to identify individuals seeking voluntary redundancy or early retirement. The cost to the Trust will have to be taken into account in determining whether the volunteer can be accepted. 3.2 Restructuring can create uncertainty and stress. Additional counselling, advice and support will be available from managers, the Human Resources Department and/or Occupational Health. 3.3 The Human Resources Department will be responsible for the overall co-ordination of appointments made as a result of restructuring and must be consulted and brought into the process at the earliest possible opportunity. This is to ensure equity in the application of this policy. 4 FORMAL CONSULTATION PROCESS 4.1 Consultation will give staff and Staff side an opportunity to influence decisions and will require the sharing of information at an early stage. The purpose of consultation is to review the appropriateness and viability of the proposals in respect of meeting the changes required, and provide the opportunity to consider and evaluate any alternatives that are put forward by the consulted staff and their representatives. The first step, as soon as management are considering a change, is to notify the JNCC and Full Time Officers via a Briefing Paper (appendix 2). 4.2 Management will then, where appropriate, informally discuss with staff about the principles of a possible change to develop a range of proposals and revise them as necessary. Staff Side representatives will be involved in this process. 4.3 Following this process the proposals will be finalised and submitted to the JNCC for consultation using the agreed JNCC Consultation Paper template (appendix 3). Complete confidentiality of the proposals will be maintained until the formal 5

7 consultation process is launched to ensure that those affected by the proposals will all hear of them for the first time at the consultation meeting 4.4 The forum for joint consultation will be the Joint Negotiating Consultative Committee (JNCC) or the Joint Local Negotiation Committee (JLNC) for issues relating to Medical and Dental staff only. However, this shall not prevent management consulting directly with staff and their full-time officers and local representatives on any changes where these are confined to an individual department or part of the organisation, as long as the JNCC is informed that this is happening. Sub-groups of the JNCC may be set up to deal with specific aspects of this consultation, if appropriate. 5 FORMAL COLLECTIVE CONSULTATION 5.1 Following informal consultation the Trust will commence formal consultation, in line with the flowchart in appendix one, with Staff Side at the earliest opportunity in the event of a proposal for change. Formal consultation cannot begin until the information required as outlined in 5.3 has been provided. Formal consultation is effective from the first agreed consultation meeting between management, staff and staff side. 5.2 The following consultation periods will be observed as a minimum: Where the Trust proposes dismissing by means of redundancy 100 or more employees within a period of 90 days, consultation will commence at least 90 days before the first of the dismissals takes effect. Where the Trust proposes dismissing by means of redundancy between 10 and 99 employees within a period of 90 days, consultation will commence at least 30 days before the first of the dismissals takes effect. Where less than 10 dismissals by means of redundancy are proposed there will be 30 days consultation. Where the change results in no dismissals the Trust will determine the duration of the consultation following discussion with JNCC 5.3 At the outset of the consultation the Trust will inform Staff Side with the following in writing, using Appendix 3: The reason for the proposed changes; Financial implications including any cost savings and benefits realisation; The number and categories of staff who are expected to be affected; The total number of staff and posts in each category employed in the current structure; The total number of staff and posts in each category in the proposed structure; A summary of the known vacancies and retirements in the current structure which will be held where possible to minimise redundancies; 6

8 Any impact on those staff remaining in the structure where staffing levels are reduced; The proposed criteria to be used for selecting the staff, who are expected to be affected; The proposed method of carrying out any redundancies and the period over which they are to take effect; Transfer of Undertakings (Protection of Employment) Regulations (TUPE) if appropriate. 6 FORMAL INDIVIDUAL CONSULTATION 6.1 Consultation with individuals who are placed at risk of change or possible redundancy by the change will take place in order to: Explain the position and discuss the timetable for change Explain why and how he/she has been placed at risk Ways of avoiding the redundancy to assist in the management of the process of redeployment/retraining 6.2 The timing of the individual consultation will be sufficient to enable the individual to respond and management to consider all representations made by the employee before any change or dismissal as a result of redundancy is confirmed. Employees can be accompanied by a trade union representative or work colleague at any individual consultation meeting. 6.3 There will be a minimum of two individual consultation meetings during consultation periods in respect of planned redundancy. 6.4 The reasons for the change must be outlined explicitly and include the following where relevant: What changes are needed What are the implications for patients, staff and services What are the financial implications Are there any other options for delivering the change What are the views of external partners Are there any quality issues What are the views of service users if appropriate Are there any external influences causing the change 7

9 What are the views of staff and their representatives What are the implications for jobs 7 PROCESS FOR IMPLEMENTING CHANGE 7.1 Please refer to flow chart at Appendix 1, each numbered step of the flow chart correlates with the numbered paragraph below. 1. Management prepare a briefing paper for the JNCC (using the template at Appendix 2) which summarises the reasons and potential implications. 2. Management will informally discuss proposals for any new structures, including posts and bands. All staff affected by the change will be consulted in good time and before the structure is finalised. Managers must liaise with Staff Side representatives to negotiate availability of attendance at formal consultation meetings. Once this the options for formal consultation have been agreed, formal written notice will be given to staff of time, date venue and purpose of the meetings. This will be no less than 2 weeks before the first meeting. 3. Management finalise proposals for JNCC consultation. 4. Prepare a full and detailed written consultation document for discussion at JNCC (using the template at Appendix 3). 5. A new structure will be consulted upon with a view to agreement with trade union representatives through the JNCC. Where agreement over a change cannot be reached following consultation, the organisation will need to consider whether or not the change should be introduced anyway. This will require the organisation to give notice of the termination of the existing contract of employment with 12 weeks notice and offer new contracts incorporating the revised conditions or arrangements. For any organisational change, the principle of ring-fencing will be applied and dependent upon the scale of the change, this may involve more than one ringfence. Because new roles may affect several employees who previously carried out similar roles but on different Bands, entry to a ringfence for the new role will be determined by reviewing current duties. Where more than 50% of the current role is in the new role, the individual will be in the ringfence, irrespective of current Band. Where it is difficult to establish the majority or the split is 50/50 the individual will have to select one ring fence. It shall be for the Trust to make the final decision on the percentage split of duties. However, if agreement cannot be reached, this will be referred to the HR Team to discuss with the manager and a staff side representative 6. When a new structure has been finalised, the manager will write to all affected staff confirming the structure, job descriptions and person specifications and any ring fencing arrangements. 8

10 Where agreement over a change cannot be reached following consultation, the organisation will need to consider whether or not the change should be introduced as in 5 above. 7. Management with the support of Human Resources will implement the change with regular updates to the JNCC. 8. Any changes agreed for implementation will remain on the JNCC agenda until completed and the Lead Manager will be required to provide regular updates to the JNCC. 7.2 Drivers for Change The methods outlined below will be adopted in accordance with the circumstances of the change process and will be developed in partnership between managers, Human Resources and staff-side to ensure robust and fair criteria for selection. Cessation of a Service Where the Trust has confirmed that a defined area will cease operating, all individuals working solely within that area will be considered at risk of redundancy and the process outlined in sections 7 and 8 below will be used before considering redundancy. Restructuring of a service Where it is decided to restructure services and posts within a defined area, all existing post holders within that area will be considered to be affected by the proposals (the ring fence ). Revised person specifications and job descriptions for the posts in the revised structure will be produced and all existing employees within the ring fence will be considered for the new posts against the new specifications. The Trust will implement a competitive selection process restricted to candidates within the ring fence. The process will be agreed as part of the collective consultation process. Employees in the ring fence will not have to complete the full online application form, but will have to confirm in writing and by a date to be determined by the Trust the role(s) for which they wish to be considered. They will also be asked to complete a simplified application form which will be used for all ring fenced posts to ensure the same information is available in the same format for every applicant. To minimise disruption, where possible slotting in will be used. This is the process of transferring an individual from an existing at risk post to a post in the new structure without going through the re-deployment process or having a selection interview. This happens where the position in the new structure is substantially similar to the existing role and there is NO competition. Substantially similar means the ability of the individual to meet all the minimum/essential criteria listed on the person specification or could be expected to do so within a time limited agreed training and development programme. The content of the employee s job description should also 9

11 match 70% of the new job description in respect of content/level of responsibility/status/skills/knowledge/qualifications and experience. Where there is more than one individual who matches the criteria, a competitive selection process will be needed (i.e. interview process as a minimum). However, if none of the ring fenced applicants demonstrate they meet the minimum level of competence for the post at interview, no appointment will be made from this pool Where an employee is either not slotted in, or is unsuccessful in a competitive process, individual consultation will commence. Reduction of numbers within a Service/the Trust Where an overall reduction in a department or directorate structure and/or across the Trust is required, selection for redundancy will be made in accordance with the procedure developed through the collective consultation process and which may include, but is not limited to, the following factors: Skills, experience, performance, attributes relevant to the service required moving forwards. At Risk staff will not be expected to enter a ring fence that is more than one Band below their current Band unless they choose to do so. If they choose to do so they will forfeit their entitlement to pay protection, unless the cost of pay protection is less than the cost of the redundancy. Staff who are still at risk will, upon submitting an application, receive priority consideration for interview for all posts at or one band below their current salary in the occupations agreed as suitable alternatives and they meet the essential criteria within their employing organisation before these posts are externally advertised*. In such circumstances, sections 11 & 12 will apply. If unsuccessful at interview at risk staff are not eligible to submit a second application when the post is offered to the wider internal pool. Should the post go out to external advert the at risk candidate may choose to re-apply but there is no expectation on them to do so. Where the Trust is seeking redeployment for a member of staff as a result of sickness or disability issues and failure to secure redeployment will result in dismissal on health grounds, that individual should be offered equal access to vacancies as at risk staff. Any staff on maternity leave have a legal entitlement to prior consideration for any posts for which they meet the essential elements of the person specification. No other applicants should be interviewed for any vacancies across the organisation until all appropriate at risk staff have been considered. Other NHS organisations will also be approached to see whether there are any suitable vacancies within that organisation. There will be individual discussion to test out the suitability of any vacancies identified. Protection of pay would not be offered automatically. However, if it is more cost effective to 10

12 offer the post with pay protection, the cost will fall to the previous employer and not the new employer. *The Trust will adhere to any RRP (Regional Redeployment Pool) Scheme or similar scheme which has been agreed in response to the re-structuring of NHS organisations. 8. SUITABLE ALTERNATIVE EMPLOYMENT 8.1 Wherever possible, employees shall be offered redeployment where there is suitable alternative employment. Any such offer must be in writing and confirm the following: The job, including job title, band, hours and duties Where the job is located Details of the Line Manager The pay offered Any changes to the terms and conditions from the previous post. 8.2 It shall be for the Trust to decide whether a post is deemed 'suitable alternative employment' and as such qualifies for protection. An individual employee may appeal against this decision by using the Grievance Procedure, without prejudice to statutory rights. 8.3 Suitable alternative employment shall be determined by reference to current employment legislation. In considering whether a post is suitable alternative employment, regard shall be given to the personal circumstances of the member of staff. Factors which will need to be considered will include family circumstance and additional travel. Staff shall, however, be expected to show some flexibility by adapting their domestic arrangements where possible. 8.4 Suitable alternative employment refers to both the place and the capacity in which the member of staff would be working. Place means suitability and will be determined with due consideration to individual circumstances. Capacity means that the job need must not be on a lower salary but must be within an equivalent level of qualification, skills and training of the individual. Where there is a reduction in salary, the Protection Arrangements sections 11 & 12 shall apply. 8.5 Assistance will be given with excess travelling expenses as stated in the section 14.5 below. 8.6 Anyone who unreasonably refuses suitable alternative employment will lose his or her right to redundancy pay. 8.7 For the purposes of this policy, any suitable alternative employment opportunities shall be brought to the member of staff's notice before the date of termination of contract and with reasonable time for the member of staff to consider it. The suitable alternative employment should be available not later than 4 weeks from that date and the contract of employment will be extended to accommodate reasonable consideration, a trial period etc. Where a suitable alternative opportunity is notified to a 11

13 member of staff but they fail to make any necessary application the member of staff shall be deemed to have refused suitable alternative employment. 8.8 Should an employee s substantive position come to an end before suitable permanent alternative employment can be found, the Trust will utilise any temporary/fixed terms vacancies which are considered suitable. In these circumstances the employee will retain their at risk status. 8.9 Anyone who has been given suitable alternative employment and as a result is on a protected salary will be expected to apply, where they fulfil the essential requirements of the person specification, for any posts which arise on the appropriate protected band during the period of protection. Applications will be made through the normal recruitment process and open competition, there will be no right to prior consideration Where a member of staff who is at risk requests to change to a new post which requires additional training, this will be supported where it is deemed reasonable. This may involve induction training, on-the-job training, courses, seminars or refresher training Specific protection is afforded to employees on maternity leave. Line managers should consult Human Resources in circumstances where an employee at risk is on maternity leave. 9. TRIAL PERIODS 9.1 In accordance with legislation, where an employee who is at risk of redundancy is offered a new contract with different terms and conditions, a trial period of four weeks will be arranged during which time the employee and the manager will assess their suitability for the new position. 9.2 The four-week period may be extended in exceptional circumstances which must be agreed with the senior Human Resources Manager in writing prior to the expiry of the original four-week period. 9.3 There will be a formal review at the end of the 4 th week of the trial period unless an earlier review has been requested by either party. 9.4 Where an employee rejects a position following a trial period, if the position is deemed suitable by the Trust then the employee will forfeit any right to redundancy payment. If rejection is deemed to be reasonable staff will remain at risk and H.R. will continue to seek suitable alternative employment options. 9.5 If, following a trial period, a member of staff accepts a suitable alternative job within the same or another NHS organisation there shall be no entitlement to redundancy pay. 10. PROTECTION ARRANGEMENTS These agreements apply to any member of staff who, as a consequence of organisational change: is required by management to move to a new post at a lower Band which carries an hourly basic rate lower than that for the previous post; or 12

14 a reduction in basic hours worked within the standard working week. Changes to work patterns resulting in a loss of pay and/or enhancements Where a change of base occurs protection of travel costs as in section 14 will apply Pay protection arrangements do not apply in cases of redeployment due to personal choice, conduct or capability and health. 11. PROTECTION EXCLUSIONS 11.1 Any downgrading resulting from either failure to perform within the band and/or resulting from implementation of capability, sickness or disciplinary policy is not within the scope of this agreement Any agreed change, which is at the request of the member of staff, such as voluntary change of post or reduction in band or hours, shall not entitle the member of staff to the provisions of this agreement A member of staff is entitled to receive the full protection period detailed above, except where: the member of staff either chooses to apply for or is moved to a further post in which the normal basic salary is equal to or exceeds the protected basic salary, or the member of staff moves on his/her own application to a post with a basic salary which is lower than that of the existing post, or the member of staff retires, or the basic salary of the post is equal to or exceeds the protected basic salary, or the member of staff's gross salary in his/her new post exceeds his/her protected elements of pay as defined in 11.2, or the member of staff leaves the Trust in circumstances other than by redeployment Following the expiry of the protection period, the member of staff will receive the salary appropriate to the hours/band of the new post. 12. DEFINITIONS The following phrases in this agreement have the meanings as described below: 12.1 Basic Wage or Salary Basic wage or salary is exclusively the weekly or monthly sum due in respect of basic hours worked by the individual concerned in their substantive post. This is within the standard working week as defined in his/her contract of employment including any long term recruitment retention premia reckoned on the day immediately preceding the first day of employment in the new post. It will not include any temporary rebanding into a higher post. 13

15 12.2 Elements of pay The total weekly or monthly average earnings, over the thirteen weeks immediately preceding the first day of employment in the new post. Where a member of staff is absent on maternity leave or sick leave during the assessment period, the thirteen weeks immediately prior to the start of maternity/sick leave will be used for assessment purposes Continuous Service Please refer to National Terms and Conditions for definitions 12.4 Mark Time Basis No further increases to the pay received (no increments or cost of living increases). 13. PROTECTION PERIODS 13.1 Any member of staff who is within the scope of this agreement and is required to take a downgrading i.e. where the new post carries a salary scale with a maximum point lower than that of the previous post, or lower than that of the personal band held in the previous post, shall receive protection of basic wage or personal salary only, as defined in paragraph This is known as long term protection and the appropriate protection periods are as follows: Up to 1 years service 3 months protection 1 up to 3 years service 1 years protection 3 up to 5 years service 2 years protection Over 5 years service 3 years protection 13.2 Where a member of staff is within a period of protection, and is affected by a further downgrading as a result of organisational change and protection is due again, then a new period of protection will commence from the date of the implementation of the further organisational change, as follows: Protection in place until 31 st December 2012 on an 8d (current protection of 3 years began on 1 st January 2010) and a new period of protection started 1 st September 2011 from 8c to 8b which runs concurrently and therefore expires 3 years later on the 31 st August In practical pay terms it would look like this: 1 st January 2010 to 31 st December 2012 current 8d salary 1 st January 2013 to 31 st August 2014 top 8c salary 1 st September 2014 appropriate 8b salary 13.3 In all circumstances other than downgrading, any member of staff who is within the scope of this agreement and is required to change their existing work pattern and as a result is faced with a reduction in regular earnings shall receive protection of elements 14

16 of pay, as defined in paragraph This is known as short term protection and the appropriate protection periods are as follows: Up to 4 months service No protection 4 months up to 5 years service 6 months protection 5 or more years service 12 months protection 13.4 Protection of elements of pay (as defined in paragraph 11.2) shall apply on a mark time basis, up to the maximum period specified in paragraph However, where the maximum of the pay band applicable to the new post increases to more than the protected salary the individual will move onto the new maximum and the period of protection ends Following the expiry of the protection period, the employee will receive the salary appropriate to the hours/band of the new post Staff with long-term protection may also have, initially, a concurrent right to short - term protection. 14. PROTECTION OF CONDITIONS OF SERVICE 14.1 Terms and Conditions- Staff required to move to a new post will acquire the contractual terms and conditions appropriate to the new post Pension Rights - Staff who are affected by organisational change and as a direct result incur protection under this agreement, can apply to the Pensions Agency, to retain existing pension rights to the end of the period of protection. The Trust will support any such application, which must be to the Pensions Agency and must be made within three months of the date on which the pensionable salary is to be reduced. The final decision rests with the Pensions Agency Pension Arrangements - If the pay protection period expires within three years of the member of staff s normal retirement age, the Trust will extend the protection on a mark time basis until normal pensionable age in order to protect pension rights. Normal retirement age as defined by the NHS Pension scheme is now 60 for members of the 1995 Section and 65 for members of the 2008 Section. Protection will cease for staff choosing to work beyond normal retirement age Notice Period - Staff required to move to a new post will retain their existing period of notice Travelling Expenses Staff who are required to change their base as a result of organisational change will be reimbursed their additional daily travelling expenses for a period of four years from the date of transfer to the new base. Excess car parking costs will also be paid for four years from the date of the move. However, in order to qualify for this reimbursement, staff must explore with their manager the cheapest options for travel and parking and keep these under review. This will need to be assessed in the light of individual circumstances and working arrangements or duties In terms of any additional travel time, this will be assessed on an individual basis and with reference to the Flexible Working Policy, for example in fulfilling contracted hours 15

17 there may be provision for flexibility with start and finish times (as long as this fits with the needs of the service), however, there will be no provision for paid travel time. 15. CONDITIONS OF PROTECTION 15.1 Protection is conditional upon the member of staff undertaking additional hours, up to the level at which earnings in the new post equal protected earnings. For example, if a member of staff is protected for 25 hours but has been currently change managed into a 20 hour post, the manager of the new post can reasonably ask the member of staff to work up to 5 hours extra each week if required for the period of protection. This should be reflected in the new contract. 16. REDUNDANCY PROCESS 16.1 The categories of employment under threat of redundancy shall be identified at the consultation stage. The organisation will take all steps to minimise the number of staff required to take compulsory redundancy. The means available shall include: restrictions on recruitment, including the use of agency and bank staff; voluntary reduction in contracted hours reductions in overtime; redeployment to other posts; removal of a vacant post; seeking applicants for voluntary redundancy. However volunteers shall be considered within the level affordable by the organisation and subject to the overall operational requirements of the services; employment opportunities with other NHS organisations Where it is necessary to select posts for compulsory redundancy, the work areas from which redundant posts are to be selected shall be subject to consultation with the JNCC Following selection for redundancy individuals will be met with on an individual basis with their manager and Human Resources and Staff Side (if requested) to discuss options available including estimates for redundancy pay/pension. At this stage estimates of redundancy pay/pension can also be discussed and Human Resources should ensure that the figures have been asked for in advance The organisation must, by law, give formal notice of redundancy whether it is voluntary or compulsory, however this notice will not be given until the redeployment process is completed The notice period must be at least that required by the contract of employment. Under employment legislation minimum statutory notice periods are laid down and staff will receive whichever of these is the greater.. It should be noted that the organisation 16

18 may or may not require individuals to work their notice, and this should be specified when formal notice is given Formal notice shall be issued by the relevant manager. Even if staff are not eligible for redundancy pay they are still entitled to written notice The Human Resources team will obtain the necessary information to enable the preparation of the following documents/submissions: - Notification of redundancy to the Department of Business Enterprise & Regulatory Reform (form HR1) when 10 or more redundancies are likely to take place; Redundancy payments; Pension benefits. A copy of the general notification of redundancy will be supplied to representatives of recognised trade unions A member of staff who has received written notice of redundancy is entitled to reasonable time off with pay to try and find suitable employment, or to arrange training. However time off, must be approved by the manager and shall be subject to the needs of the service. 17. ELIGIBILITY FOR REDUNDANCY PAY 17.1 The minimum qualifying period for payment is 104 weeks continuous full or part time service with the NHS. The period is laid down in the National Terms and Conditions of Service 17.2 Any period of reckonable service that has been used in a redundancy calculation cannot be used again when calculating another redundancy payment. 18. EXCLUSIONS FROM ELIGIBILITY 18.1 Staff shall not be entitled to redundancy payments under this Policy if they: are dismissed for reasons of misconduct, with or without notice; or at the date of termination of the contract have obtained, without a break or with a break not exceeding 4 weeks, suitable alternative employment with the same or another Health Service employer ; or unreasonably refuse to accept suitable alternative employment with the same or another Health Service employer or NHS Trust; or leave their employment before expiry of notice except as described in section 18 In addition redundancy payments will exclude: Any reckonable employment that has previously been taken into account for the purposes of redundancy Any reckonable employment for which pension benefits have been given. 17

19 19 EARLY RELEASE OF REDUNDANT STAFF 19.1 It is open to a member of staff and the organisation to agree to waive the full notice period without loss of the redundancy pay, particularly if the member of staff has been offered another job. Redundancy benefits will be calculated up to the revised date of termination If the organisation does not agree and the member of staff still leaves early then the notice pay is forfeited. 20 APPEAL PROCESS 20.1 Any individual who considers that any part of the process has been unfairly applied in his/her case may raise a grievance through the Grievance Procedure. The request must be made in writing to the Associate Director of Human Resources normally within five working days of the individual concerned receiving notification of that decision. In exceptional circumstances, such as annual leave or sick leave, a grievance may be lodged within 14 days Where a member of staff considers he/she has been unfairly selected for redundancy, he/she will have the right of appeal to a three member panel drawn from the Board The redundancy notice shall not be suspended during the appeal process, but shall be revoked if the appeal is successful. In circumstances where the organisation is unable to hold an appeal hearing during the redundancy notice period, the redundancy notice period will be extended to accommodate the appeal hearing. 21 MONITORING AND REVIEW 21.1 This policy is subject to joint monitoring and shall be reviewed by the Human Resources Department and the JNCC, upon request. Further, the Human Resources Department will be responsible for ensuring the consistent application of the policy within organisations. 18

20 Appendix 1 CHANGE MANAGEMENT FLOWCHART 1. MANAGEMENT PREPARE BRIEFING PAPER FOR JNCC Appendix 2 2. INFORMALLY DISCUSS & REVISE THE PROPOSALS WITH STAFF AND THEIR STAFF SIDE REPRESENTATIVES WHERE APPROPRIATE 3. FINALISE THE PROPOSALS FOR JNCC CONSULTATION 4. PREPARE A FULL / DETAILED WRITTEN CONSULTATION DOCUMENT FOR DISCUSSION AT JNCC Appendix 3 5. AT JNCC, DISCUSS & AGREE PROPOSALS FOR START OF FORMAL CONSULTATION (INCLUDING RINGFENCING WHERE APPLICABLE) See Section 7 6. CONSULT INDIVIDUAL STAFF AND/OR STAFF GROUPS RELEVANT AREA (WITH THE STAFF SIDE REPS PRESENT) ON THE AGREED PROPOSALS AFFECTING THEM 7. IMPLEMENT CHANGE MANAGEMENT PROCESS REGULAR MONTHLY UPDATES BY THE MANAGER ON JNCC AGENDA UNTIL THE CHANGE IS COMPLETED 19

21 JNCC BRIEFING PAPER Appendix 2 REPORT TO AUTHOR DATE OF JNCC MEETING SUBJECT Purpose of Report Briefing document to advise of drivers for change and the possible implications Glossary of Acronyms, Abbreviations contained in the paper Introduction Background to current service to set context so what it does, how many teams or staff, area covered, WTE and headcount, Drivers for change any other recent changes which have impacted Current issues to be considered Once proposals have been finalised a full report will be submitted to the JNCC for consideration. Any agreed changes will be implemented in accordance with the Change Management policy. 20

22 JNCC CONSULTATION PAPER Appendix 3 REPORT TO AUTHOR DATE OF JNCC MEETING SUBJECT Purpose of Report Recommendation Glossary of Acronyms, Abbreviations contained in the paper Introduction Background to current service to set context so what it does, how many teams or staff, area covered, WTE and headcount, any other recent changes which have impacted Current issues to be addressed Any other relevant information, an example might be as below This team has an additional one whole time equivalent trained nurse within its allocation in order to undertake across the Trust any intravenous infusions, for example, blood transfusions, which take over one hour to administer. 21

23 The population sizes of each team and the caseload per whole time equivalent qualified nurse have been examined. There is no nationally recognised tool for measuring the dependency of District Nursing caseloads, although it is recognised that the majority, although not all of their patient s are over sixty-five. In order to allow for weighting of each practice population we applied a simple calculation whereby people0 65 scored one, scored two, scored three and over 85 scored four. Using these figures we are able to show that at the present time, there are large variations in the weighted practice population per team and the weighted practice population per whole time equivalent trained nurse. See appendix one and three. Proposed changes and why needed Financial implications including any cost savings and benefits realisation Impact on staffing The total number of staff and posts in each category in the proposed structure; The number and categories of staff who are expected to be affected; The total number of staff and posts in each category employed in the current structure; A summary of the known vacancies and retirements in the current structure which will be held where possible to minimise redundancies; Any impact on those staff remaining in the structure where staffing levels are reduced; The proposed criteria to be used for selecting the staff, who are expected to be affected; The proposed method of carrying out any redundancies and the period over which they are to take effect; TUPE implications if appropriate. Any changes in hours or grades for current staff? Any changes to existing work arrangement Detail to flesh out any of the above Managing the process: Possible changes raised at XXXX meeting on XXXXX and staff asked to consider and comment on the proposals. 22

24 Paper to be sent to the management team and PEC. Paper to the JNCC Commence the formal consultation process with Staff in line with the change management policy, ensuring inclusion of local representatives of professional organisations. Discuss proposals with practices affected. Meet with individual members of staff affected in order to discuss the options and discover their preferences. Commence the recruitment process to vacant posts. Plan implementation dates for the process Who will be responsible for which elements of the change Planned timetable Conclusion Any summary you might want to include 23