WILTSHIRE POLICE CONSULTATION FRAMEWORK

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1 WILTSHIRE POLICE CONSULTATION FRAMEWORK INTRODUCTION Wiltshire Police recognise that organisational change is a feature of a modern developing organisation. By effective communication and consultation, it aims to ensure the maintenance of good employee relations throughout. Moreover, Wiltshire Police recognise the benefit of constructive dialogue in advance of change. This consultation framework is part of achieving that and adhering to the Force Values and Code of Ethics. However, harmonious relationships will require effective and sensitive engagement at all levels. The bodies that represent the views of Police Officers and Police Staff respond to and support the effective delivery of change and recognize the importance of constructive dialogue. Participants in this framework are: OPCC Wiltshire Police Unison Superintendents Association Police Federation Employees (staff and officers) BACKGROUND This framework has been established in order to provide all parties with an agreed framework of consultation. This will help to ensure that consultation is effective in establishing the views of police colleagues and representative bodies. The Information and Consultation of Employees Regulations (often abbreviated to the ICE Regs) were introduced on 6 April The regulations give employees the right, subject to certain conditions, to request that their employer sets up or changes arrangements to inform and consult them about issues in the organisation. If a negotiated agreement is not reached then the fall-back provisions (known as the 'standard provisions' of the ICE regulations) set out the areas where the employer is obliged to inform and consult employees. Under these provisions an employer must: Inform employees about the business's economic situation Inform and consult employees about employment prospects Inform and consult employees, with a view to reaching an agreement, on decisions likely to lead to substantial changes in work organisation or contractual relations APPLICATION This framework will apply in the event of Wiltshire Police planning an organisational change. The framework will include the formal consultation required before implementation of redundancies, role or structural change. Less significant actions of organisational change will not be covered by this framework, for example minor change to job content, change of role title, reporting line changes or the assignment of police officers would not qualify. However, as part of ensuring good employee relations, Wiltshire Police will endeavour to ensure that all change events are well communicated and managed. 1

2 STATUS This remains an informal process which all parties will use best endeavours to apply effectively and consistently. It does not have the status of a collective agreement nor does it change employment terms and conditions or Police Regulations. It does act as an aid to the processes required under the Information and Consultation Regulations The Consultation Framework applies to Police Staff and Police Officers and sets out best practice but it does not restrict the right of Wiltshire Police to post officers in accordance with Police Regulations and related policy. DEFINITIONS To assist readers it may help to have a general definition of the difference between communication, information, consultation and negotiation: Organisational Change - is both the process in which an organisation changes its structure, strategies, operational methods, technologies, or organisational culture to affect change within the organisation and the effects of these changes on the organisation. Organisational change can be continuous or occur for distinct periods of time. Communication one of the underpinnings of successful employee relations is ensuring that the parties to it are aware of small changes, developments or initiatives before they are implemented. This basic exchange of information in advance of events is on-going through routes between the differing parties in the organisation Information - means transmission by the employer to the employees' representatives of data in order to enable them to acquaint themselves with the subject matter and to examine it. Consultation means the exchange of views and establishment of dialogue between the employees' representatives and the employer. When an opportunity is taken by one of the parties to seek the views of other parties to help inform and shape the final outcome. An intention to act upon these views is implicit. Consultation is required under certain regulations and legislations. The difference being that it is a recorded exchange and is compulsory in those events. A Consultation process may vary and depending on the impact of the change and the individual variation to contract. Sometimes there may be occasions when one meeting is sufficient however there may be other circumstances when more in depth negotiations need to take place. Negotiation A more formal event where both parties accept the need to reach agreement COMMUNICATION OF CHANGE The leaders of a change event will consider the communication implications thereof. All parties recognise the need to establish timely, meaningful and regular communications which support rather than unsettle those affected by the change. No single communications model can be established but Wiltshire Police will negotiate the Communications Plan for each change event This framework assumes that effective communications mechanisms are in place and will continue to be maintained by the parties, to allow information sharing and consultation to take place: Within each of the parties group Between the parties groups 2

3 TERMS AND CONDITIONS OF EMPLOYMENT (Police Staff only) The current environment is one of transformation due to technological developments and the economic pressures we face within our day to day business. These elements can see the Force undergoing significant change. In view of this and during the course of employment, the organisation may seek to vary or amend an individual terms or conditions of employment. As a result of these changes, an individual s contract of employment may change. When any amendments to a contract of employment occur it is termed a Variation to Contract. Some contractual changes will affect only one employee, whereas other proposed changes may impact on all employees in a particular department or the workforce as a whole The contract of employment is binding on both parties. It is unlawful for one party to vary the terms and conditions in the contract without the agreement of the other. Changes may be agreed on an individual basis or through a collective agreement (i.e.: agreement between employer and employee or their representatives. Possible changes could include: Pay Job Description A change to hours or days worked Duties Location When the Force look to vary an individual s contract it must ensure: the changes are justified by the management of the organisation, both informal and formal consultation is undertaken the selection of individual employees for such variation is made fairly; full consultation takes place with the employee due notice of the change is given. 3

4 THE FRAMEWORK IN OPERATION The Framework is segmented and normally will not move to the next stage until such time as a previous stage has been completed. This is displayed visually in a process chart below. Stage 1 Statement of Intent This will procede the scoping process of a proposal. This will be issued after discussions with representative bodies and will be created once Wiltshire Police has established the potential exists for fundamental change. Prior to this stage, there may be an examination of options before a reasonable proposal for change arises. The general principle of early engagement with change is supported by all parties and this is encouraged through participation in planning events such as DSP. The content of the discussion and statement will be (but not limited to): The background giving rise to the change The nature of the change The present status of the proposal What roles and functions are known to be affected Whether and to what degree individual roles are affected Timescales for the next stage An agreement over communication to and involvement (if appropriate) of those affected Financial details Informal Consultation Within Wiltshire Police we do have a good working relationship with both Unison and Police Federation and we have worked hard to ensure as soon as we are made aware of any pending Stage changes 2 End of in any Scoping form we notify them at the earliest opportunity as this will aid the discussions when we look to go to formal consultation. 4

5 The scoping phase is intended to establish whether a business case exists to make a change. At this point, a detailed update will be discussed with representative bodies and any of their representations considered as a part of initial consultation Agreement may be sought by any parties for further communication to those in the business area. Stage 3 End of Detailed Planning At this point, sufficient information should be available for a decision to be made that a change is likely. Formal consultation should commence as soon as this has been established and should include written details of: The nature of the change The roles affected The number of employees and officers affected An agreed communication plan Details of plans for redeployment Details of redundancy terms if applicable Planned timescales for implementation If necessary individual consultation begins at this point. Individual Consultation Whenever the Force is considering implementing a change to terms and conditions, (other than when awarding a pay rise or an additional benefit,) the employee will be invited to attend a consultation meeting with his/her line manager. The employee will be given prior written notice of the meeting to allow him/her adequate time to prepare. Individuals have the right to be accompanied by a Trade Union representative or a colleague from within the Force. One consultation meeting may be sufficient, but further meetings will be held as necessary. Consultation meetings are normally scheduled for an hour. The length of consultation will vary and may on occasion be several weeks. However, it is difficult to predict the exact duration as it depends on the outcome of discussions between the Force and employee. It is acknowledged that the number and size of change events under way at any one time will determine the ability of representative groups to respond rapidly to consultation. This will be managed on a case by case basis with Wiltshire Police recognising that it is important to present consultation in good time to allow sufficient time for quality analysis by representative bodies. For their part representative bodies recognize the need to progress change proposals swiftly in order to deliver operational requirements and allay damaging speculation by colleagues. In the event of unusually large numbers of such events occurring simultaneously HR will assist representative bodies by identifying the priority events to be considered. This stage marks the beginning of formal consultation 5

6 Collective and Formal Consultation Formal Consultation in respect of any individual changes to terms and Conditions of Employment or larger restructures or change/transformation projects will be carried out with Unison and Federation in respect of proposals to change terms and conditions. The following needs to be provided as part of formal consultation: A Business Case including a rationale for changes. With individual changes on a smaller scale this is not going to be appropriate, and an will suffice. The Business case will need to include any costings which may be applicable Old and New Job Descriptions Identifying the Changes Names and location An as is and to be organisational charts (This will only be applicable in certain circumstances) People Impact Summary (Where Appropriate) Equality Impact Assessment (Where Appropriate) Further information on the context of consultation can be found in Appendix A. Stage 4 Implementation Before this commences, final representations can be considered and may be incorporated in the plan. The final approval is then given to make the change, the implementation steps having been part of earlier consultation. A communications plan will be agreed as part of the final phase. Stage 5 - Recording the change Whenever terms or conditions are varied, the organisation will retain them with the original contract of employment on the employee's personnel file: the letter informing the employee of the change, sent via /post; a copy of the document signed by both the organisation and employee detailing the permanent change to the employment contract. Stage 6 Review After a designated time period, if applicable. 6

7 THE RIGHT TO DISAGREE While APPENDIX consultation A will THE be CONSULTATION entered into with a FRAMEWORK view to reaching agreement, it is acknowledged that consultation does not assume that all parties will reach agreement on all issues being discussed. Parties may disagree on issue(s) under consultation, may record such disagreement and pursue early resolution of those disagreements through appropriate channels. We will seek to resolve any difference of opinion during this period of consultation however once the consultation period is concluded implementation will progress as appropriate. AVOIDING DELAYS It is accepted that information sharing and consultation will be entered into in good faith by the representatives of all parties concerned. It is accepted that the primary purpose of agreeing a formal approach to information and the consultation processes is: 1. To keep all the parties fully informed, as early as possible, about developments of mutual interest which may involve substantial change in the organisation. 2. To provide the best opportunity for the reasons for such change, the nature of change being considered and the means for implementing that change, to be discussed as early as possible by the parties. 3. To ensure that there are no unreasonable and/or unnecessary delays in providing information, entering consultation or implementing desired change. 4. To fulfil the requirements of the Act. Dealing with Unexpected Circumstances It is recognised that some change and associated decisions need to be made in an expeditious and timely fashion, in order to respond effectively to unexpected circumstances and compromise may be necessary on some of the rigour envisaged by this framework. All employees and their staff representatives should be informed of such circumstances at the earliest possible opportunity. 7

8 Appendix A The Context of Consultation Effective Change Management Consultation involves taking account of as well as listening to the views of employees and must therefore take place before final decisions are made. Consultation does not mean that employees views always have to be acted on since there may be good practical or financial reasons for not doing so. However, whenever employees views are rejected the reasons for doing so should be carefully explained. Equally, where the views and ideas of employees help to improve a decision due credit and recognition should be given. It is acknowledged that change should be managed in the most effective and efficient way possible to serve the best overall interests of Wiltshire Police, its staff and the community. The consultation framework is based on the acceptance by the parties that effective change management is founded on the need: To identify the parties likely to be affected by proposed change. To provide information about the proposed change to those likely to be affected. To consult with the parties likely to be affected by proposed change. Where appropriate, to carry out a change impact analysis, the purpose of which is to identify the effects (both positive and negative) of introducing the proposed change. To take due account of the possible impact of the proposed operational and/or strategic changes on established workplace practices and terms of employment, and the (associated) need to consult with employees representatives. For the parties and/or their representatives to fully engage with the preparation for and implementation of change. To provide opportunities for staff and their representatives to contribute ideas, views and solutions within the change management process, adding value, improving the quality of decision making and outcomes. Subject of consultation Consultation (meaning the exchange of views and establishment of dialogue between the employees representatives and the employer) shall take place on all decisions relating to: Probable developments of the activities of Wiltshire Police Probable development of employment within the Wiltshire Police or any measures envisaged, in particular where there is a threat to employment All decisions likely to lead to substantial changes in work organisation or in contractual relations. Basis of consultation Consultation shall be based on information/data exchanged between the employer and the staff representatives in order to enable them (all participants) to: Acquaint themselves with the subject matter, from each other s perspectives To examine the details (of it) and to formulate opinions (which they are each entitled to) To enable employee representatives to meet the employer To obtain a response The reasons for that response And any opinions they (the employer) might formulate about the employees views 8

9 Appropriate Structures for Consulting Mindful of our collective understanding of consultation as an exchange of views, with a view to reaching agreement, one of the expected outcomes of having and implementing this framework is the on-going development of a consultative partnership culture at every level within Wiltshire Police. In order to support and develop this culture, there is a need to acknowledge the various places, occasions or structures in which information and consultation currently take place. In doing so, it is also acknowledged that the structures envisaged in this framework should not be taken as either prescriptive or exclusive. Equally, any of the parties may seek to use some particular structure(s) to deal with specific issues of concern to them Ideally, it is envisaged that consultation will take place within the following structures: Any statutory body or standing committee set up for the purpose of conducting industrial relations or staff engagement Any partnership working group or committee set up on an agreed basis between the parties, for the specific purpose of engaging in a consultation process Any normal operational structures within which the parties should share information and consult with each other as a normal part of effectively carrying out their work Any partnership committees/groups where there is a specific requirement to formally acknowledge that consultation has taken place on any given issue(s), a structure and/or process should be specified and agreed by the parties for that particular purpose. 9