1 NHS Eastern & Coastal Kent Community Services Managing Change Policy Page 1 of 6 People Management Policy Managing Change Policy Policy Reference Number 052 Version 2 Ratified by JNCC Date Ratified April 2010 Name of Author Human Resources Responsible Committee JNCC Date Issued April 2010 Review Date April 2012 Target Audience PCT-wide
2 NHS Eastern & Coastal Kent Community Services Managing Change Policy Page 2 of 6 Policy Document Control Sheet Reference Number:- 052 Status Draft Author Human Resources Original copy held: Document Objectives: Intended Recipients: HR Office, Trinity House, 110/120 Upper Pemberton, Eureka Park, Kennington, Ashford This policy is intended to provide the basis for the fair and consistent management of organisational change for all staff. It will also take account of the rights of staff who have transferred into the Trust under the Transfers of Undertakings (Protection of Employment) Regulations 2006 (TUPE). PCT Staff / Staff Net Group / Person Consulted: JNCC Distribution: PCT wide Training / Resource Implications: Approving Body: JNCC Date approved April 2009 Date of Issue: April 2009 Contact for Review Helen Bennett Human Resources Review Date: April 2012 Version Control (to be logged by HR Officer) Version Date Author Status Comment 1 April 2009 Human Resources Ratified 2 April 2010 Human Resources Ratified Section 4.1 clarify who decides whether consultation will take place at JNCC or local level. Section Appeal to slotting to new panel rather than via Grievance.
3 NHS Eastern & Coastal Kent Community Services Managing Change Policy Page 3 of 6 1. POLICY STATEMENT 1.1 This policy is intended to provide the basis for the fair and consistent management of organisational change for all staff. It will also take account of the rights of staff who have transferred into the Trust under the Transfers of Undertakings (Protection of Employment) Regulations 2006 (TUPE). 1.2 For the purposes of this policy organisational change is defined as any structural or managerial change in the organisation of PCT Services. It could include restructuring of a department or a transfer of services where the number of jobs remains the same or, a closure or reduction of a service where the number decreases. 1.3 Service changes may arise for a variety of causes ranging from government strategy, internal plans, restructuring and, economic necessity and may include service transfers, restructuring of departments and adoptions of new working practices which this policy aims to cover. 1.4 Careful planning and regular consultation are essential to best provide security of employment and minimise unnecessary disruption to service and staff in these circumstances. 1.5 In exceptional circumstances the Strategic Health Authority may produce documents and policies which may supersede this policy e.g. in PCT reconfiguration circumstances, but these will be negotiated, with union officials at the Strategic Health Authority 1.6 This policy has been written after consultation with accredited employee representatives. The PCT welcomes the continued involvement of employees in implementing this policy. 2. SCOPE 2.1 This policy applies to all staff employed within the PCT. 3. PRINCIPLES 3.1 This policy is based on the following key principles that the PCT will adopt: The PCT will consult directly with staff involved at the appropriate opportunity to provide both information with regard to the need for change and to develop an understanding of staff issues as a result of the change. This will follow on from formal consultation with staff side organisations. An integrated HR process should be applied which will be fair and transparent. This process should also be mindful of the need to move quickly and to continue to deliver a high quality service. No employee should receive less favourable treatment on grounds of age, gender, marital status, race, religion, creed, sexual orientation, colour, disability, working patterns, or on the grounds of trade union membership. All appointment and selection procedures must be seen to be fair and transparent, and meet the requirements both of equal opportunities legislation and best practice. The procedures recommended in this framework are designed to ensure that there is no direct or indirect discrimination against any particular individual or group.
4 NHS Eastern & Coastal Kent Community Services Managing Change Policy Page 4 of 6 Staff who are likely to be affected by changes can be assured that they will be given proper consideration and treated fairly and with respect. 4. PLANNING A FRAMEWORK FOR EACH CHANGE 4.1 When an organisational change is being considered which affects an individual service/department, the lead manager, HR Representative and Staff Side Convenor or Staff Side Secretary will meet to discuss the proposed changes and decide whether consultation should take place at JNCC or local level. This may lead to regular meetings, depending on the scale of the changes. 4.2 Any organisational wide change or other development affecting the workforce will require formal communication with the Joint Negotiating and Consultation Committee (JNCC). 4.3 An appropriate timescale and workforce plan which will identify the people and posts involved and any interim measures which may be taken to maintain services and support staff will be identified. 4.4 All proposals relating to change within the organisation will be supported by a consultation paper. 4.5 In addition to consultation with appropriate locally accredited Staff Side Representatives, the individual employees affected by the change/development will also be consulted. 4.6 The lead / responsible manager will ensure meaningful consultation and appropriate and effective mechanisms to involve and communicate with staff whose jobs are likely to be affected are implemented. These may include: Open meetings Department meetings Individual meetings to discuss specific personal issues 4.7 At the end of the consultation period, a final consultation paper should be produced including any amendments that have been made including structures. This should include a written response to comments and suggestions that have been made by staff and their representatives. 4.8 Staff affected by proposals for change will be encouraged to have a Staff side representative or workplace colleague present at any individual meetings if they wish. 4.9 Where organisational/service change results in the displacement of staff, this will be facilitated in accordance with the PCT s Redundancy Policy. 5. IMPLEMENTATION 5.1 Where an organisational/service change results in the introduction of a new staffing structure and there are the same number of posts, at the same grade, undertaking the same type of work (as a general guide, 66% or more of the duties of the post remain unchanged) in the new structure, as compared with the existing structure, a process of 'slotting' may be followed Managers must ensure that posts which are likely to be affected by the proposed change are correctly graded well in advance of/ the commencement of any change process.
5 NHS Eastern & Coastal Kent Community Services Managing Change Policy Page 5 of A one to one will be held with the individuals affected to discuss options and preferences for slotting. The individual will have the right of representation. 5.4 A slotting in panel consisting of the line manager, a HR representative, a staff side representative and an independent line manager will meet to decide whether or not the individual s job meets the slotting in criteria. 5.5 The slotting panel will consider any substantial similarity in an existing role to a role within the new structure on the basis of job purpose, knowledge and skills and freedom to act within the role. 5.6 Slotting will only be considered on the basis of current grade to a same band post within the new structure. 5.7 Employees may appeal against a slotting decision. This must be made in writing within 7 working days of receipt of the letter confirming the outcome of the slotting. An appeal panel comprising of the next in line manager (or appropriate manager as delegated by the next in line manager), an independent manager, a HR representative and staff side representative not previously involved in the initial slotting panel will be established The appeal hearing will be held within 10 working days. The appellant should forward any relevant documentation within 5 working days of the appeal date. The appellant will be advised in writing of the outcome of their appeal by the manager hearing it within 5 working days. 5.8 Where more than one person carries out the core activities of the new role, and there is a requirement within the new structure for fewer people to perform that role, a process of competitive selection interviews will be applied. 6. TRANSFER TO A NEW EMPLOYER (TUPE) 6.1 Organisational changes which involve a transfer of service to another employer will be covered by the Transfer of Undertakings Protection of Employment Regulations 2006 (TUPE) which protect the rights of employees involved in such a transfer as if their contracts had simply transferred to the new employer. 6.2 The Transfer of Undertakings (Protection of Employment) Regulations 2006 contain a number of legal provisions relating to employees' rights and employers' obligations when businesses (or parts of businesses) are transferred. There are two elements that have particular implications in respect of redundancy: Where a transfer occurs which is covered by the Regulations the relevant employees will retain continuity of employment and the contractual rights they previously had with the transferor. An employee who refuses to transfer, despite being protected in this way, will have their employment statutorily terminated at the date of transfer and will not be entitled to a redundancy payment. Employers must inform and consult with the appropriate staff side organisations in sufficient time for meaningful consultation to take place. 6.3 If TUPE is not deemed to apply, the PCT will safeguard the employment rights of its staff where possible. The application of TUPE to particular organisational changes will be
6 NHS Eastern & Coastal Kent Community Services Managing Change Policy Page 6 of 6 clarified as part of the required consultation depending on the characteristics of the changes proposed. 7. TERMS & CONDITIONS OF PROTECTION 7.1 Hours and Annual Leave An employee who as a result of organisational change moves to a new post will receive protection in accordance with current Agenda for Change terms and conditions. Annual Leave allowances, when applicable, will be protected for the duration of the period that basic salary is protected. 7.2 Period of Notice An employee required to move to a new post due to organisational change will be entitled to receive protection of the period of notice appropriate to the former post provided that it is not less than that provided for under Section 49 of the Employment Protection (Consolidation) Act The period of protection will be reflected in the Pay Protection Policy. 7.3 Protection of Pay Where an employee is redeployed to a lower banded post and/or a post involving a reduction in hours as an alternative to redundancy and thereby would suffer a drop in pay, they will be eligible for protection in accordance with the Pay Protection policy. 7.4 Protection of travel Reimbursement of the costs of additional travel arising from a compulsory change in an employee's workplace will be made in accordance with the Excess Travel policy. If the employee voluntarily accepts a different, permanent post at any location entitlement to excess travel ceases. 7.5 When down-grading occurs the employee must give an undertaking that they must not unreasonably refuse to apply for or accept a more senior appropriate post. If they do not comply with this they may forfeit their right to protection. For further explanation please see the pay protection policy. 7.6 Entitlement to all protection will cease when an employee voluntarily applies for and accepts a different, permanent post at any location.