Version: 3.0 New or Replacement: Policy number: Document author(s): Contributor(s): Approved by (name of committee): Replacement ULH-HR-CMP Becky Mawell, Jody Richmond Human Resources Team Policy Approval Group Date approved: 17 th June 2014 Review date: 30 September 2016 Policy is: Trust-wide Version History Log Version Date Published Details of key changes 1.0 October 2009 Legislative changes, separation of policy from pay protection, redeployment and redundancy. 2.0 August 2014 Legislative changes, separation of policy from pay protection, redeployment and redundancy. 3.0 February 2015 The term At risk of organisational change replaced by At risk of Redundancy. Medical job plans to be in place before organisational change can take place for medical staff.
Contents 1. Introduction... 3 2. Purpose... 3 3. Objectives... 4 4. Scope... 4 5. Responsibilities... 4 6. Definitions... 4 7. What is our policy?... 5 8. Delivering the Policy... 5 9. Implementation, Monitoring and Review... 7 Equality Analysis... 9 Bibliography... 11 Signature Sheet... 12 ULH-HR-CMP 2 of 12
1. Introduction 1.1. The ever-changing healthcare environment poses a number of challenges to the Trust, for eample, the need to improve standards of care, to achieve integrated care pathways, to respond to financial challenge or to respond to a change in patient service requirements. As a result, organisational change will sometimes be necessary in order to meet these challenges. 1.2. The Trust recognises that any changes required will be achieved most effectively with the understanding and co-operation of its staff and that this will be most likely forthcoming if staff are informed and involved in proposals for change at the earliest practicable opportunity. 1.3. The Trust will enter into consultation with recognised staff professional organisations and trade unions before decisions are taken with a view, wherever practicable, to taking account of the views epressed. 1.4. The Trust will seek to introduce and effect change by agreement, but also to establish a climate within the organisation which actively encourages staff at all levels themselves to participate in and to support changes which affect them. 1.5. The Trust is committed to ensuring that it treats its employees fairly, equitably and reasonably, that it complies with legal requirements and that it does not discriminate against individuals or groups on the basis of their ethnic origin, physical or mental abilities, gender, age, religious beliefs or seual orientation or trade union membership. 1.6. The Trust also accepts that it has a responsibility to maimise the employment security of its staff, as far as this is possible and consistent with operational efficiency. There can be no guarantees however that organisational or service changes will not result in changed staffing requirements. The following policy applies to all staff within the Trust and is intended to minimise the effects of such changes. 2. Purpose 2.1. The purpose of having People Management policies is to provide individuals with an understanding of the organisation s commitment and approach to a variety of people management matters. 2.2. Trust policies aim to combine integrity with good standards of people management and provide details on how matters will be addressed. It is not possible to cover every eventuality and therefore on occasion it might be necessary to vary from the stated policy or procedures. Such variations will be for the purpose of ensuring equity and fairness and ensuring that matters are dealt with in the most efficient/appropriate way. Any variance should be justifiable in these terms and agreed with the HR Director and Staff Side representative. 2.3. This policy has been created in line with the requirements of, but not limited to, the Employment Act 2008, Employment Rights Act 1996, ULH-HR-CMP 3 of 12
3. Objectives 4. Scope Equality Act 2010, Trade Union & Labour Relations (Consolidation Act 1992), the Maternity and Parental Leave etc Regulations 1999. 3.1. The objectives for this document are; to provide managers with a process to enable them to implement change across the Trust and to ensure a consistent and equitable process. 4.1. This policy applies to all Trust employees on substantive contracts. It includes those on: 4.1.1. A fied-term contract, (provided that the fied term contract remains in operation during the proposed period of change); 4.1.2. Long-term leave i.e. maternity leave, paternity leave, adoption leave, parental leave, long term sickness absence or career break; and 4.1.3. Secondment to another organisation. It does not apply to staff employed elsewhere and seconded into the Trust (those staff are the responsibility of their substantive employer). 4.2. It does not apply to agency staff. 4.3. Any individual affected who is on a temporary movement to a higher banded post will be treated on the basis of their substantive post. 5. Responsibilities 5.1. It is essential that all individuals ensure they fully understand their responsibilities. Should an individual not fulfil their responsibilities appropriate action will be considered. This could range from development needs through to consideration of misconduct proceedings. 5.2. It is essential that Line Managers ensure all stages in the process of pay protection management are followed consistently. 6. Definitions 6.1. Organisational change is driven by business needs and change management relates to how a business manages this change. Change can be triggered either by the eternal environment or by an internal review of service requirements. Eamples of significant organisational change include the reorganisation, relocation, merger, epansion or closure of a service, competitive tendering, outsourcing, or a major change in working practice. 6.2. At risk of redundancy will be used when staff are facing a redundancy situation. This may be due to a reduction in the number of posts and/or posts in the new structure being at a lower band. ULH-HR-CMP 4 of 12
7. What is our policy? The purpose of this policy is to set out the Trust s approach to the management of organisational change. The principles support the aim of managing strategic and operational change in a way that is both supportive to staff and enhances the provision of the highest quality patient care. 8. Delivering the Policy This policy is supported by a series of practical procedures to assist with its effective/consistent implementation. The overriding principles of the policy are: 8.1. Eligibility 8.1.1. This policy applies to all employees of the Trust, including Medical and Dental staff. Please note any change management process that involves changes to Medical Staff Job Plans will have to wait until the Job Plans have been accepted. 8.2. Consultation 8.2.1. Managers should prepare a consultation document on the proposed organisational change having gathered information to support the need for change. Early informal discussion with the trade unions/professional bodies on the proposed options for change should occur before any formal consultation begins. All affected staff should then be advised they are under organisational change, informed of the proposed change and the consultation process which will follow. 8.2.2. To commence the formal consultation all affected staff will be invited to a meeting to participate in a discussion about the proposed changes. Where appropriate, they will also be provided with copies of the proposed organisational changes. The consultation document will include the timescale and regular reviews for the change, which need to be realistic and whether termination and re-engagement may be considered if staff do not agree to the change. 8.2.3. Operational issues affecting service delivery will be subject to discussion not consultation. 8.2.4. Formal consultation will be for a minimum of 2 weeks for any number of affected staff, subject to longer statutory collective consultation periods for situations where proposed organisational change or changes in staff requirements indicate potential redundancies and/or dismissal and re-engagement of 20 or more employees, as detailed below. 8.2.5. In a collective redundancy situation, consultation must begin: ULH-HR-CMP 5 of 12
8.2.5.1. at least 30 days before the first dismissal where between 20 and 99 redundancies are proposed within a period of 90 days or less; 8.2.5.2. at least 45 days before the first dismissal where over 100 redundancies are proposed within a period of 90 days or less. 8.2.5.3. In this situation the Department of Business Innovation and Skills must be notified. 8.2.6. Where consultation has commenced with one group regarding proposed redundancy dismissals and it is then found a further group needs to be considered for redundancy, the numbers do not need to be combined to total the miminum period for either group. 8.2.7. The purpose of the formal consultation meetings will be to receive and address any questions on the consultation document, to consider comments including alternative proposals and to clarify timeframes specific to the proposed organisational change. In eceptional circumstances where changes need to be made quickly, the trade unions will be briefed immediately and this will be followed by a written brief. 8.2.8. At the end of the consultation period the manager will make a decision on the way forward and will advise of their decision in a written report to the relevant staff and trade unions. At this point staff will also be advised whether they are still affected by the change and the process that will be followed to implement the change. Staff will be placed at risk of redundancy as soon as the potential for redundancy is identified. This may be at the commencement of the consultation process. When the potential for redundancy is identified the Redundancy Policy should be referred to. 8.2.9. Affected staff will be offered the opportunity of at least one individual meeting with their manager, at which they have the right to be accompanied by a trade union representative, or workplace colleague. 8.2.10. A minimum of 2 weeks notice should be given of the change. 8.2.11. If apparent at an early stage of the process that there is no objection to the change, there may be mutual agreement to reducing the time scales described above. 8.3. Implementation 8.3.1. The process for filling posts in the new structure will happen in two stages (Please see Redeployment Policy for further eplanation) ULH-HR-CMP 6 of 12
8.3.1.1. Stage One takes place amongst the staff that are affected by the change. Posts in the new structure are filled either by Slotting In or by Ringfencing. 8.3.1.2. Stage Two is where wider competition takes place for any posts that remain vacant following Slotting In or Ringfencing. The posts can be opened up to any staff at risk of redundancy for whom the post is considered suitable alternative employment or to open competition internally and eternally, in line with the normal recruitment process. 8.3.2. If reductions in staffing levels are proposed, management will identify the positions, individual staff or pool of staff who are at risk of redundancy as a result of the changes. (Please see Redundancy Policy). 8.3.3. If changes to working pattern are proposed, at the end of the formal consultation staff will be given notice of the implementation date of the new working pattern which will be a minimum of 2 weeks. Staff refusing to move to the new working pattern will have their contracts terminated by the Trust and reengagement will be offered on the new terms. There is no entitlement to redundancy pay in this situation. 8.3.4. If an employee is on maternity leave during a restructure then regulation 10 of the Maternity and Parental Leave etc Regulations 1999 applies. This states that a woman on maternity leave must be offered any suitable alternative vacancy that eists. The manager must consider whether a suitable alternative vacancy eists between the time she is put at risk of redundancy and the time when her maternity leave period is ended by redundancy. The terms and conditions of this new job must be not substantially less favourable than her original job. She should be given first refusal of any suitable alternative job and should not have to attend interviews as she has priority over other employees being made redundant (who are not on maternity leave). 9. Implementation, Monitoring and Review 9.1. The policy will be reviewed every two years or sooner if appropriate in response to eceptional circumstances or relevant changes in legislation or guidance. 9.2. Various strategies will be used to raise awareness of this policy and staffs and managers responsibilities under the policy. Manager briefings Information on Newslinc HR news for managers ULH-HR-CMP 7 of 12
HR Polices intranet page Staff Engagement Sessions 9.3. This Policy is owned by the Director of HR, who will ensure a review of this policy is undertaken every two years. Monitoring Compliance Minimum requirement to be monitored monitoring against standards set out in policy Process for monitoring e.g. audit Responsible individuals/ group/ committee Frequency of monitoring/ audit. In cases of continuous audit, include frequency of reporting also Responsible individuals/ group/ committee for review of results and determining actions required Review after initial 6 months of the policies launch Application of Policy. Human Resources, HR Policy Development Group. On-going. HR Senior Management Team, HR & OD Committee, ER Lead. Review in line with any changes to AfC. Application of Policy. Human Resources, HR Policy Development Group. On-going. HR Senior Management Team, HR & OD Committee, ER Lead. ULH-HR-CMP 8 of 12
Equality Analysis Introduction The general equality duty that is set out in the Equality Act 2010 requires public authorities, in the eercise of their functions, to have due regard to the need to: Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act. Advance equality of opportunity between people who share a protected characteristic and those who do not. Foster good relations between people who share a protected characteristic and those who do not. The general equality duty does not specify how public authorities should analyse the effect of their eisting and new policies and practices on equality, but doing so is an important part of complying with the general equality duty. It is up to each organisation to choose the most effective approach for them. This standard template is designed to help ULHT staff members to comply with the general duty. Please complete the template by following the instructions in each bo. Should you have any queries or suggestions on this template, please contact the Equality and Human Rights Lead. Section 1 [to be completed for all policies] Name of Policy Change Management Policy A. Briefly give an outline of the key objectives of the policy; what it s intended outcome is and who the intended beneficiaries are epected to be B. Does the policy have an impact on patients, carers or staff, or the wider community that we have links with? Please give details C. Is there is any evidence that the policy\service relates to an area with known inequalities? Please give details To provide managers with a process to follow when leading organisational change. Staff No D. Will/Does the implementation of the policy\service result in different impacts for protected? Yes No Disability Seual Orientation ULH-HR-CMP 9 of 12
Se Gender Reassignment Race Marriage/Civil Partnership Maternity/Pregnancy Age Religion or Belief If you have answered Yes to any of the questions then you are required to carry out a full Equality Analysis please go to section 2 The above named policy has been considered and does not require a full equality analysis Equality Analysis Carried out by: Rebecca Mawell Date: 23 rd December 2013 The Equality and Human Rights Lead must agree that the policy does not require a full equality analysis. Their approval must appear in the signature sheet. ULH-HR-CMP 10 of 12
Bibliography 1. ACAS 2. Employment Act 2008 3. Employment Rights Act 1996 4. Equality Act 2010 5. Maternity and Parental Leave etc Regulations 1999 6. Trade Union & Labour Relations (Consolidation Act 1992)
Signature Sheet Names of people consulted about this policy: Name Trust Managers Staff Side Representatives through Policy Group Equality Analysis Approval Approved on Equality and Diversity Manager (if full analysis is not required) 15 th July 2014 Name of General Manager/Director Ian Warren 24 th June 2014 Names of committees which have approved the policy Approved on Eecutive Partnership Forum 17 th July 2014 Policy Approval Group 17 th June 2014 ULH-HR-CMP 12 of 12