1.1 This policy sets out how the Constabulary will manage employee redundancies.

Transcription

1 Procedural Guidance Security Marking: Redundancy Policy Not Protectively Marked 1. Introduction 1.1 This policy sets out how the Constabulary will manage employee redundancies. 1.2 Wherever reasonably practicable the Constabulary will seek to minimise and avoid making staff compulsorily redundant. 1.3 The policy sets out how the Constabulary will manage staff who have been identified as potentially redundant so as to ensure that they are dealt with appropriately, with dignity and within the requirements of the law. 1.4 The policy also highlights the Constabulary s continuing commitment to proper consultation throughout and to provide appropriate and relevant support to staff affected by the impact of redundancy. 1.5 This policy is non-contractual 2. Redundancy Policy 2.1 This policy applies to all permanent staff, those staff covered by the Fixed Term Work Regulations 2002 (namely, those staff who are in posts covered by date terminating contracts, defined project work and time-framed funding) as well as employees on temporary contracts with more than 12 months continuous service. 2.2 For individuals with less than 12 months service the general steps set out in the policy will be applied but the financial and notice aspects will be as set out in their contract of employment. 2.3 This policy does not apply to: Externally provided Agency and Casual Workers Contractors Employees on temporary contracts who have less than 12 months continuous service Workers on Government supported training contracts 3. Identification of the Need for Change 3.1 The need for change will be identified by the Chief Officer Group of the Constabulary (for example the need for a % budget reduction) or by the District/Departmental Head (e.g. a change in the way a particular service is delivered by the Organisation). 3.2 Once the need for change is identified, the target areas for the change must be defined together with the group(s) of staff who might be affected. This will be

2 presented in the form of a Business Case which the line manager must submit to the office of the Director of HR, before it is passed to COG for review. 3.3 Managers must conduct an Equality Impact Assessment in relation to the proposed change and submit this as part of the Business Case. 3.4 Business Cases will be returned within 10 days of receipt. 3.5 An example Business Case is attached as Appendix Pre-consultation 4.1 Once proposals set out in the Business Case have been accepted, there is a need to begin the consultation process, which must include the appropriate Trade Union, Staff Association, Line Manager and HR representative. 4.2 The aim of this consultation is to explain the proposal in detail, to seek views on the proposal itself and to hear if there are alternative ways of achieving the Constabulary s aims and objectives. 4.3 Any suggested alternatives as a result of consultation must be discussed, evaluated and, if rejected, an explanation given about why they are not suitable. 4.4 It is very important that people consulted have a clear understanding of the initial and any subsequent alternative proposals to help minimise and manage uncertainty and the impact of rumour. 4.5 At the end of the pre-consultation the proposal must be finalised, clearly identifying the corporate impact for the Organisation and the detail of impact on staff. 5. Alternatives to Redundancy 5.1 Before making any compulsory redundancies the Constabulary must take all reasonable steps to identify reasonable and practical alternatives to meet the needs of the business, which minimises the potential for compulsory redundancy. 5.2 These may include: a) Restricted external recruitment b) Reduced overtime c) The introduction of possible short-time working or temporary lay-offs d) The introduction of flexible working hours/days e) Ring-fenced internal recruitment and redeployment to alternative work f) The consideration of terminating or restricting the engagement of temporary and or agency staff g) The consideration of termination of employees who are subject to probationary period h) Considering a voluntary reduction in remuneration i) Considering voluntary redundancy and bumping (transferring the incidence of redundancy) j) The review of posts filled by Police Officers (ensure Police Officers are not occupying funded Police Staff posts)

3 k) Ensuring people only work their contracted hours 6. Voluntary Redundancy 6.1 In the event of the need for proposed redundancies to go ahead, the Constabulary may invite a defined group of staff to apply for voluntary redundancy subject to meeting set criteria, established for the particular reduction exercise. This offer may include a financial incentive. 6.2 Employees who are not directly affected by the redundancy proposal may also be invited to apply subject to ensuring that the organisational needs are met. 6.3 The application for any voluntary severance will be limited to a specific period of time. 6.4 The Constabulary reserves the absolute discretion, to accept or reject any application submitted and will carry out an Equality Impact Assessment on those staff who accept the package. 6.5 An individual application for voluntary severance is complete once the employee s application has been accepted and the employee agrees to the redundancy payment offer. 6.6 The Constabulary will not withdraw an offer made and accepted. 6.7 Should an employee wish to withdraw once accepted, the Constabulary is under no obligation to do so but will consider such a request. 6.8 Staff who are not accepted for voluntary redundancy do not have any right of appeal. 7. Consultation and Information 7.1 The Constabulary will carry out meaningful consultation with Trade Unions in respect of proposed redundancies. This will take place in accordance with legislative timescales. 7.2 The minimum requirement for consultation is 45 days prior to the effective date of the first redundancy where 100 or more redundancies may be made, or 30 days consultation where 20 or more redundancies may be made. For organisations with less than 20 redundancies there is no specified statutory period for consultation however, the Constabulary will provide 30 days consultation. The Constabulary will also ensure appropriate time is permitted for union representatives and staff. 7.3 Managers should use the presentation template available for this purpose Appendix Individual employees will also be consulted as appropriate (see Section 8) 7.5 The Constabulary is committed to providing full and proper information to Trade Union/employee representatives during the consultation process. Within the consultation period opportunities will be provided for them to consult the members whom they are representing and to respond to proposals and other information

4 presented to them during the consultation process with any alternative courses of action etc. that will minimise the need to dismiss staff. 7.6 Wherever practicable the Constabulary will incorporate the views of the Trade Union/employee representatives into its management of the proposed redundancies and will consider and respond to any alternative suggestions, which might reduce the number of compulsory redundancies. 7.7 It is the responsibility of the manager leading the change process with Corporate HR/local HR in any particular instance to initiate consultation, both with the Trade Union, Staff Associations and directly with staff. 7.8 Corporate HR will provide updates and an overview of any redundancy programmes to the Trade Union on a fortnightly basis. 7.9 For consultation to be effective it must consist of the following elements: An explanation of what is proposed and the reasons for it, including the anticipated impact on staff New job roles, structure, job profiles (new roles will be graded and will be submitted to a Job Evaluation Panel Sufficient time for the information to be understood and considered and allow for the Union to consult their members An opportunity to comment on the proposals and to raise points and alternative proposals including other measures for consideration by the An explanation, in due course of the final decision which must demonstrate that consideration has been given to any points raised and, where it is not possible to agree with these points, reasons why this is the case Proposed method of selecting those for redundancy Proposed method of carrying out the redundancies Time period over which the redundancy dismissals will take place Proposed method of calculating redundancy payments 7.10 In circumstances whereby there is a known rolling programme of relocation/change affecting the same group of staff on identical job descriptions, the change will be managed as follows: a) All staff will be consulted at the same time albeit that the change for some staff may not take effect in reality for a significant period of time OR b) If the dates for each of the element of the change programme are not known at the outset, each group of staff will be consulted and relocated as a separate group of staff and not as a full cohort in order to avoid staff having to be subject to continual change and uncertainty 7.11 It is best practice to meet with staff after the initial meeting with the Trade Union to present changes (see presentation template available Appendix 2). This group briefing will then be followed by individual consultation (see Section 8).

5 8. Individual Consultation Unique Reference Number: 52QP The line manager and a representative from HR will enter into individual consultation with all employees provisionally selected for redundancy who are therefore at risk. 8.2 Each employee will be given information about the method of redundancy selection and any criteria, together with an estimate of their personal redundancy payment. 8.3 Once the redundancy criteria have been applied, staff then at risk will be told of the situation and it will be confirmed that they are at risk. 8.4 Staff affected will have the opportunity to make representation to their line manager before any final decision is made as to who will be dismissed. Individual members of staff can be accompanied by a work colleague or Trade Union representative. 8.5 Staff selected for redundancy will be advised of this by either their manager or a member of the HR team, and an indicative date of termination explained. 8.6 Employment is subject to a four week notice period in writing on either side (eight weeks for PO grades). However, where a period of continuous service entitles the employee to a longer period of notice, they will receive the appropriate length of notice of either termination of employment or variation to conditions of service as follows: Between two years and 12 years continuous service one week for each year of continuous employment 12 years or more continuous service 12 weeks notice 8.7 At the discretion of the Constabulary, it may be decided to pay salary in lieu of notice in appropriate circumstances. 9. Redundancy Selection 9.1 The selection criteria to be used in the case of redundancy will need to change from time to time to reflect the needs of the Constabulary. The criteria to be used will be fair and consistent in application. 9.2 The selection criteria for redundancies in each circumstance and for each work group will be the subject of consultation with the Trade Union prior to application. They are likely to be on the basis of all or some of the following criteria: Voluntary redundancy Skills, qualifications and experience Current and verifiable attendance and disciplinary record Suitability for re-training Standard of work performance Cost 9.3 In establishing the criteria to be used, the overriding consideration is that the Constabulary will remain operationally fit for purpose with the right skills mix to maintain service delivery after redundancies have taken place.

6 9.4 In applying criteria there is a need to ensure that there is not a disproportionate impact on some staff that cannot be justified. 10. Alternative Work 10.1 The Constabulary will make every reasonable effort during the notice period to identify and offer suitable alternative work to those employees whom it is proposed to make redundant The question of whether a position should be considered to be a suitable alternative post will be determined by reference to factors which shall include (but not be limited to) the following: The availability and feasibility of retraining opportunities The seniority and grade of the post Remuneration Hours of work Location Prospects of career progress Similarity of skills, experience and qualifications 10.3 In the first instance, the employees will be notified of potentially suitable vacancies at the time they are notified they are at risk of redundancy. They will be given the opportunity to discuss these vacancies with a member of the HR Team Employees must meet the job and person specification and any other relevant criteria to apply for a job Further meetings may be necessary for the employee and relevant manager(s) of identified vacancies to explore the individual s suitability Any offer of suitable alternative work accepted by the employee will be subject to a statutory trial period of four weeks The Organisation reserves the right to determine suitability of a member of staff for redeployment, and to select, based on merit, the best candidate for any job. Selection will include their level in the Organisation and their skills and abilities in relation to the post If the new position during the trial period is deemed unsuitable by the Constabulary, the employee s employment will be terminated at the end of the trial period. He/she will receive a statutory redundancy payment based on the date on which their original job became redundant The trial period can, in exceptional circumstances, be extended by the Constabulary without affecting the employee s right to a statutory redundancy payment. Refer to Section Exceptionally, where an employee has been unsuccessful in a trial period, and they are still within their formal notice period, the Constabulary may decide to look for

7 further redeployment opportunities. This provision is at the sole discretion of the Constabulary. The Constabulary reserves the right to make this assessment and determine where such exceptional circumstances exist Employees during their notice period will be able to apply for any vacancies advertised as part of the redeployment process where they meet the essential criteria for the job and person specification. Employees will be able to discuss vacancies with a member of the HR Team who will provide guidance on whether they are likely to meet the criteria and be short-listed Candidates not selected for any role, or unsuccessful in any applications, or unsuccessful following any trial period will retain the right to a statutory redundancy payment Should the consider a vacancy to be suitable as an offer of alternative work, but the employee unreasonably refuses that offer, or, having taken up the offer resigns that position before the end of the trial four week period, the employee will forfeit their right to a statutory redundancy payment The particular requirements for staff at risk who are pregnant, on maternity leave, or disabled, will be taken into account in reaching any decisions Basic salaries will be frozen for the roles within the current grade and incremental point. This level of protection will apply for redeployment to a post one grade lower than the substantive post. The period of protection will be for a period of two years; in year one at 100% and in year two at 50%. Generally speaking posts more than one grade down from the individual s post will likely be deemed unsuitable Where employees wish to be redeployed to a lower graded post (two grades or more), this will be paid at the maximum incremental point of the grade for the post to which they are redeployed; namely, pay will be reduced to the closest incremental point to their former incremental point Redeployment can be to a higher graded post if circumstances allow it. In this case the redeployee will be appointed at the first incremental point of the grade for the post Where staff are relocated as part of the process of alternative employment, expenses towards the costs of additional travel may be provided. This will be discussed with the individual at a meeting with the line manager and HR and will be the Constabulary s view of the cost-benefit of such a payment. The cost-benefit of relocation packages must be included in the original Business Case. 11. Time Off to Look for Work/Undergo Training 11.1 Any employee under notice of redundancy dismissal will be given reasonable time off to look for alternative work with another employer. This will also include reasonable time off to attend interviews or to undergo training for alternative work Appropriate time off will be arranged with the employee s line manager balanced against operational needs.

8 12. Support for Redundant Employees Unique Reference Number: 52QP The Constabulary will make every reasonable step to support any employee who is made redundant Training in job search skills, CV preparation and interview skills will be available from either Corporate Learning and Development or partners such as Jobcentre Plus as appropriate. Other existing training opportunities such as IT skills, customer service and leadership workshops may also be available to affected employees Specialist workshops can be arranged to support specific circumstances such as self employment or retirement Each employee may receive up to three skills transfer analysis sessions to provide career counselling, assist with job applications and CV creation. Depending on financial resources and the individual role available at the relevant time further outplacement support may be arranged balanced against operational needs and cost An Employee Assistance Programme will be available for all staff. Services offered include structured counselling including family and dependents, debt management and tax and financial advice Any member of staff at SSG3 level or above will be offered external outplacement support if relevant. 13. Statutory Redundancy Payments 13.1 Employees who have two years or more continuous service with the Constabulary will be entitled to receive a redundancy payment based on the statutory scheme The payment will be calculated according to their age, length of service and based on actual gross weekly pay. In addition, the Constabulary will apply a compensation element equal to an amount of 50% of the redundancy pay entitlement as compensation for being made compulsorily redundant Employees aged 55 or over with three months or more continuous service in the Local Government Pension Scheme and who are made redundant, are entitled to an immediate pension and lump sum pension payment funded by the pension scheme, together with a redundancy payment if more than two years continuous service has been accrued. 14. Notice and Termination of Employment 14.1 Corporate HR may decide to waive its entitlement to contractual notice from the member of staff if felt appropriate If this situation is proposed by the Constabulary a payment in-lieu of notice (PILON) will be made. 15. Appeals

9 15.1 Staff will have the right of appeal against the decision to make them redundant if they believe: That the selection criteria are unfair or have been unfairly applied That the Constabulary s policies in relation to redundancy and redeployment (i.e. the terms of this document) and legislation have not been correctly applied 15.2 Any employee who wishes to appeal against the decision to make them redundant may do so by writing to the Head of HR Business Support, setting out the reasons for the appeal, within 10 working days from notice of redundancy. 16. Appendices 1. Business Case 2. Trade Union/Federation/Staff Presentation 3. Flowchart 4. FAQs Procedural Guidance Information Procedural Guidance Owner: Corporate HR Services Reviewed for Human Rights Compliance: December 2010 Reviewed for Equality Impact: December 2010 Reviewed for Environmental Impact: Effective Commencement Date: December 2010 Last Review Completed: Next Review Due: