1 Agenda Item No: 8A Wolverhampton City Council OPEN EXECUTIVE DECISION ITEM (AMBER) Cabinet / Cabinet Team CABINET (RESOURCES) PANEL Date Portfolio(s) ALL Originating Service Group(s) CUSTOMER AND SHARED SERVICES Contact Officer(s)/ ANNE DOKOV/SARAH BIDWELL KEY DECISION Telephone Number(s) FORWARD PLAN NO Title/Subject Matter REDUNDANCY AND REDEPLOYMENT REVISED POLICY FOR A TRANSFORMING COUNCIL Recommendation 1. Members are requested to approve the proposed revised: i. Redundancy selection policy and procedure ii. Voluntary Redundancy policy and procedure 2. To agree to receive a revised Assimilation policy and procedure and revised Redeployment procedure at the Cabinet (Resources) Panel meeting on
2 1. Purpose of Report 1.1 To advise Members of proposed revisions to Wolverhampton City Council s Redundancy policies and procedures and to seek Members approval to these changes. 2. Background 2.1 Wolverhampton City Council is undergoing a period of fundamental business restructuring with the aim of providing unified frontline customer services underpinned by streamlined professional business support services. The investment in IT infrastructure that will facilitate the transformation will lead to a need for fewer jobs. In this context, the Council s existing Redundancy and Redeployment policy needs refreshing to support the needs of the organisation and support employees and managers through the change process. This forms part of a suite of measures to help deal with unprecedented change in the Council. 2.2 Cabinet (Resources) Panel has already agreed a policy of Managed Recruitment to help mitigate against compulsory redundancy. This was subject to call-in and will be considered by Scrutiny Board on 2 September. 2.3 The Employment Equality (Age) Regulations 2006 also required essential changes to the Redundancy Policy, particularly as they affect redundancy selection criteria and the calculation of redundancy pay. The latter was addressed in a report to Cabinet in November 2007 Early Termination of Employment. 2.4 This report outlines proposed policies to update redundancy selection and voluntary redundancy procedures. 2.5 A further report outlining revised policies and procedures for Assimilation and Redeployment will be brought to the next Resources Panel meeting ( ). 2.6 Appendix 1 outlines the overarching process to be used in moving from one structure to another requiring post changes and reductions. 3. Redundancy Selection Procedure 3.1 As shown in Appendix 1 there are two potential ways of handling restructures in the Council that may lead to a reduction in posts and place employees at risk of redundancy. One is to select to posts in the new structure via normal recruitment and selection methods. Those who are unsuccessful at selection are then without a post and potentially at risk. Alternatively, selection criteria may be applied to the work group in question. Those who score the least points in this process would then be without a post and at risk of redundancy. This report goes on to revise the criteria for this second route. 3.2 The current selection criteria route applied to selection out (on the right of the process chart) uses a points evaluation scheme covering the following factors:
3 Factor Points Skills and Experience 0 30 Length of Service 0 15 Attendance 0 15 Disciplinary Record 0 15 All employees within an affected Service are assessed against these criteria. The person receiving the lowest points allocation from within the group is selected for redundancy. 3.3 The proposed revised selection criteria are attached at Appendix The Employment Equality (Age) Regulations 2006 make it unlawful to discriminate against an employee on the basis of age. The law requires employers to focus on skill rather than age. For this reason it is proposed that the length of service factor is removed from the selection criteria. 3.5 The skills and experience factor is unchanged in that the assessment of an individual employee will be derived by comparing his/her skills and experience with the personnel specification. Within the personnel specification, skills and types of experience are listed; these can no longer be detailed in terms of number of year s experience. Time linked experience is indirectly discriminatory (under the Employment Equality Regulations) unless it is objectively justified. Instead, consideration needs to be given to the quality of experience of the individual, focussing on the outcomes achieved and roles and functions experienced (i.e. what practical events or facts the employee has been acquainted with). The scoring remains unchanged, with the exception that managers can now determine weighting of the desirable criteria. Greater emphasis is placed on the recording of the points allocation process and its justification. 3.6 The points assessment form has been designed to minimise the risk of a successful unfair dismissal claim based on unfair selection. Recording details to demonstrate that the criteria have been applied consistently and fairly and can be justified on verifiable facts will save considerable time and resources in defending any legal challenge, as well as ensuring that the criteria have been applied in an impartial way. 3.7 Selection on the basis of attendance is fair, if objectively verifiable facts are measured in a consistent way. This factor has been developed to take into account the actual number of days lost and reasons for absence in order for them to be discounted if maternity, disability or industrial injury related. If there is no cross check against the reason for absence, the Council is at risk of a finding of unfair dismissal (failure to consider all reasonable circumstances) and possibly a disability discrimination claim if disability was the reason for the absence. 3.8 There is no change to the disciplinary factor Right of Appeal A copy of the revised appeal procedure can be found at Appendix 3. The current procedure provides two separate routes of appeal. One has been retained with some adaptation, the other, where the Chief Executive acted as arbitrator, has been removed. The amount of time that an employee has to submit an appeal has been revised to 5 working days to align it with the Council s disciplinary and dismissal appeals procedure.
4 4. Voluntary Redundancy 4.1. The proposed Voluntary Redundancy Scheme is attached at Appendix 4. The basis for redundancy pay was determined in a report to Cabinet by the former Director for Resources and Support on 14 November It took effect from 1 April The attached scheme does not vary the terms agreed last year but rather seeks to set out a way of implementing a Voluntary Redundancy Scheme for the PaCES programme in particular and any other programmes which may place jobs at risk. 4.2 The Scheme seeks to mitigate against any compulsory redundancies by asking for volunteers to leave after successful applicants have been selected to posts in the new structure. This ensures that only employees truly at risk are able to opt for voluntary redundancy. This will mean that no redundancies are approved, which subsequently turn out to be superfluous. 5. Equality Impact Assessment An Equality Impact Assessment was carried out when the new redundancy payment scheme was introduced in November last year. As far as is possible in the current circumstances, a further Equality Impact Assessment was carried out on the specific proposals for changing selection criteria and the scheme for voluntary redundancy. What information/data was gathered? No information on the ethnic breakdown of volunteers for redundancy is currently available because this has not previously been monitored. The age and gender is available but because the numbers of those who have been approved for voluntary redundancy so far this year are so small, this data cannot be used to determine any trends. The changes to the Redundancy selection criteria have been based on legislative changes and good practice; as such considerable research on redundancy selection procedure models was carried out and the revised proposals incorporate an approach modelled on ACAS (Advisory, Conciliation and Arbitration service), CIPD (Chartered Institute of Personnel and Development) and BERR (Department for Business Enterprise and Regulatory Reform) advice. Who was consulted? The Voluntary Redundancy Scheme and Redundancy selection procedure have been developed in conjunction with the HR Leadership Team, Chief Officers Group and CMT. They have been shared with all the Council s recognised trade unions. From those that responded on the Voluntary Redundancy Scheme, GMB and UCATT agreed with the proposal. UCATT stressed the need to invest in training for redeployees, which will be the subject of a further report to the next meeting of Cabinet (Resources) Panel. UNISON were in favour of a large-scale voluntary redundancy trawl as a way of mitigating compulsory redundancies. They supported the criteria in sections 2 and 3 of the Scheme but believed (with reference to paragraph 5) that voluntary redundancy should be offered before recruitment rather than afterwards.
5 As redundancy pay is linked to length of service it is inevitable that older people will receive more benefit than younger people. However they are likely to take on average longer to find another job, which is one of the reasons for the difference in redundancy pay. Unison and UCATT responded on the Redundancy Selection process and both agreed in principle with the proposed changes and raised a number of issues for clarification; the majority of these relate to the application of the scheme and will be incorporated into the managers guidance document which is being produced (for example, guidance on ensuring that robust and verifiable data is used in assessing attendance; guidance on the development of fair and objective assessment criteria for skills and experience). Were changes made to proposals/actions proposed for the future as a result of the EIA? If so what? No changes are proposed at this stage until a significant amount of data on those opting for voluntary redundancy has been gathered or until the selection criteria are used. What arrangements are being made for monitoring impact when the policy is in operation? The Voluntary Redundancy approval form has been amended to capture data on gender, ethnicity, disability and age of those applying for voluntary redundancy. A monitoring report on those applying for and those approved to leave on the grounds of voluntary redundancy will be made to the Cabinet (Resources) Panel on a six monthly or annual basis, depending on the numbers involved. Monitoring reports on the impact of Redundancy selection processes in order to achieve the changes required by the transformation programme and other major organisational restructuring will also be reported. Monitoring leavers and the reasons for leaving (including redundancy) is a requirement of the equality monitoring reporting process established through equality legislation. 6. Further Guidance 6.1 A management guidance document to support the application of the new policies is being drafted and will also be subject to consultation. Training workshops will be developed to support the changes. 7. Financial Implications 7.1 The selection criteria do not directly impact on the number of redundancies, which may be needed in the Council. They aim to ensure that fair selection decisions are reached. Therefore there are no direct financial implications resulting from revising the criteria. It is important to stress that the authority will aim to mitigate against compulsory redundancies through the use of Managed Recruitment, Voluntary Redundancy and increased redeployment support. 7.2 A balance needs to be struck between the potential increased costs of voluntary redundancy and the benefits in employee relations terms. There is a central budget allocation that amounts to 5m in total to contribute towards the cost of any redundancies that are necessary as a consequence of transformation initiatives during the years 2008/9 to 2010/11.
6 Restructuring and Redundancy - High Level Process Chart APPENDIX 1 HR1 Notification Consultation with Trade Union Agree selection into new posts or selection out of posts Selection in to posts in new structure Selection out of posts Agree Assimilation posts & process if any - implement Agree ringfenced selection posts & process - implement successful Appeal unsuccessful Apply Redundancy Selection criteria Appeals against redundancy selection Competitive selection if required Offer Voluntary Redundancy Issue At Risk Notice Decision on Voluntary Redundancy Issue At Risk Notice Redeployment Successful Redeployment Unsuccessful Terminate Contract Text in bold indicates Policy areas under consideration in this report.
7 APPENDIX 2 Selection for Redundancy REDUNDANCY SELECTION PROCEDURE Wolverhampton City Council will always attempt to minimise the number of employees to be declared compulsorily redundant. In consultation with the recognised Trade Unions, Wolverhampton City Council will seek volunteers and attempt to redeploy to alternative employment/retrain where this is available and appropriate. Where compulsory redundancy cannot be avoided, the Council will handle each case fairly and consistently and in the most sympathetic manner possible. The criteria to be used by the City Council in selecting employees for compulsory redundancy are set out below. Before applying the selection criteria, consideration must be given to the following stages: STAGE 1 Is just one person affected, or one group of employees affected? There is no need to apply selection criteria if there is only one employee doing the type of work, or working at the place, which is vulnerable to redundancy, or if all employees doing that work or working in that place are to be declared redundant. STAGE 2 Are there any new posts that should be considered for assimilation? Where a service has been restructured and there is a pool of potentially at risk employees, assimilation can be used to absorb an at risk employee into a new job because it is either the same grade and virtually unchanged from, or a very close match to his/her substantive post. If there are more people at risk for the same role than roles available, competitive selection must be used. STAGE 3 Are there any new posts or posts for which duties have substantially changed? Where a Service Group or Division is being reorganised and staffing establishments reduced by restructuring in order to effect a reduction in budget expenditure, new posts or posts for which duties have substantially changed will be filled by competitive selection from within that Service Group or Division. The normal recruitment and selection procedures will apply; the type of selection event will be dependent on the post requirements. Non-selected employees must be given the opportunity to receive formal feedback before an offer is made to the successful employee. Employees whose jobs are substantially changed, but who fail to secure appointment after competing in a fairly conducted selection event, will be redundant (or remain at risk.)
8 STAGE 4 Application of the Selection Criteria Where a number of similar posts remain unchanged, but there is a requirement to reduce the number of post holders, the primary criteria for selection will be: a) The need to maintain services, and b) Retention of an adequate mix of skills, aptitude and experience to deliver these services. Selection will be based on the following factors: Skills Experience Attendance Disciplinary Record The purpose of having objective criteria is to ensure that employees are not unfairly selected for redundancy. As an employer, the City Council needs to show that in selecting a particular employee, he/she has been compared against the agreed selection criteria with those others who are at risk of redundancy and that as a result the employee was fairly selected. The criteria must be applied in a fair, consistent and even handed manner. All scores must be fully recorded and verifiable. The points assessment form shown as Appendix A to this document must be used for each individual employee. Selection criteria must be neither directly or indirectly discriminatory on grounds of sex, race, disability, sexual orientation, religion, beliefs or age. The selection criteria used in this policy therefore take into account the legal requirements of the Employment Equality (Age) Regulations Points Assessment (A) Initial Assessment (i) (ii) (iii) An initial assessment of all employees within an affected Service Group/Division will be made by the Line Manager (at no less than third tier level) in conjunction with the Human Resource Manager. The initial assessment will categorise all employees in descending points order and identify those employees with the lowest point score sufficient to satisfy the number of employees required for redundancy. The line manager in conjunction with the Human Resource Manager will rigorously re-examine the points score of those employees so identified, together with the points scores of the employees in the two places on the descending list immediately above, to ensure that points have been allocated fairly and accurately. Any adjustments made must be recorded together with the reason.
9 (B) Departmental Verification (i) (ii) (iii) The line manager and the Human Resource Manager will present the results to the Director, or a Chief Officer nominated by the Director, for verification. The point score in a) (iii) above will be rigorously re-examined to ensure points have been allocated fairly and accurately. In the event of an equality of points after re-examination, selection will be based on the employee with the lowest score against the most highly weighted desirable factor of the personnel specification. (C) Consultation The line manager must consult with all potentially redundant employees individually, even if there is collective consultation. There must also be consultation with the appropriate Trade Union(s) prior to the selection process taking place and once employees have been identified for redundancy. (D) Redeployment An individual declared redundant must be registered with the Council s redeployment pool. He/she will be subject to the principles and rules governing the pool until such time as alternative employment is found or the period of notice with which s/he has been served has expired. (E) Presentation All scores should be presented in the following format to ensure consistency. FACTOR NAME Skills and experience Attendance Disciplinary points Total points The selection criteria focus on four factors; Skill - i.e. the employee s practised ability. Experience i.e. the employee s practical acquaintance with facts or events. Attendance i.e. the employee s level of attendance at work, taking into consideration both the causes and number of occurences of absence. Discipline i.e. the employee s current disciplinary record.
10 Skills and Experience The assessment of an individual employee will be derived by comparing his/her skills and experience with the personnel specification. Whilst a job description outlines the duties required of a particular post holder, the personnel specification details the essential and desirable skills, knowledge and experience required to carry out those duties. Both the essential and desirable criteria will be taken into account. Where the duties and responsibilities of the post remain unchanged, the current personnel specification will be used, However, consideration should be given to whether or not the specification is up to date. If the specification is out of date, any changes made to update it should be recorded, justified and where possible agreed with the recognised trade unions prior to selection. Any reasons for a failure to agree should be recorded. Personnel Specification Within the personnel specification, specific skills and types of experience should be listed. This should not include any factors which specify x years experience. Time linked experience is indirectly discriminatory (under the Employment Equality (Age) Regulations 2006) unless it can be objectively justified (e.g. as part of a statutory or regulatory framework governing employment in the field.) Time linked experience may rule out younger people who have the skills required but have not had the opportunity to demonstrate them over an extended period. Instead, the quality of the experience an employee is expected to have, focusing on outcomes achieved; roles or functions experienced and the practical events or facts the employee needs to have been acquainted with, should be considered. Scoring In order to have been appointed to his/her current post, the employee should have been required to meet all of the essential criteria in place at that time. Those criteria may change over time, it is therefore accepted, that all post holders facing potential redundancy will have some elements of, though not necessarily all of the essential criteria. The objective of the skills and experience selection factor is to determine those who, when tested objectively against the essential and desirable criteria of the specification meet the most criteria or the most relevant criteria to the highest degree. The aim is to ensure that those employees retained have the necesary skills and experience to best fulfill the role and meet the needs of the service. When scoring, the points assessment form shown at Appendix A should be used in conjunction with the individual s personal file and data held on the Computerised Personnel Information System. Employee Performance review records may also provide information for the points assessmentt, where these have been done to a consistent standard for all relevant employes. Points will be allocated on the following basis Essential Criteria Up to 15 points Desirable Criteria Up to 15 points
11 The majority of employees will be expected to score a full 15 points against the essential criteria. Where fewer than 15 points are awarded the specific reason must be recorded. Reasons might be for instance, where the postholder was previously redeployed to the at risk post, or where the job has changed over time and the criteria have not been updated. In terms of the desirable criteria, assessment will only be based on an evaluation of two factors, Special Knowledge/Skills and Experience. The elements of the personnel specification for the desirable criteria only, can be weighted, dependent upon the extent to which they are required in order to undertake the role for the future. The weighting of these criteria must not exceed 15 points and must be justified on page 2 of the points assessment form. A maximum of 30 points can be allocated using this factor. Attendance The selection factor of attendance is considered fair given that the facts are objectively verifiable and that it should be easy to apply the criterion in an impartial way. Certain types of absence are excluded from or discounted under the Management of Attendance procedure. Managers must, therefore, take into account the reason for absence, since failure to do so will be a failure to consider all relevant circumstances. There is potential in such circumstances for the employee to claim disability or sex discrimination. Absences that must be excluded are: Absences related to pregnancy/maternity Absences that have been pre-agreed as acceptable reasonable adjustments as part of a disabled staff member s support (e.g. consultant appointments) Absences that have been pre-agreed as part of the management of attendance process to be discounted due to disability as part of a reasonable adjustment measure. Absences confirmed as resulting from an industrial injury. On page 3 of the points assessment form, the dates of all absences and the number of days lost must be listed in columns 1 and 2. For those absences discounted/excluded, the following reason code should be inserted in column 3. Maternity related M Pre-agreed reasonable adjustment due to disability RA Absences confirmed as resulting from Industrial Injury II The reason for each absence must be identified before scoring takes place to identify the discounted absences, but should not be entered on the points assessment form. Please note that the reasons for absence cannot currently be identified through using the Computerised Personnel Information System, however, the local Human Resources Team may have systems sitting alongside the mainframe to support the application of the Management of Attendance Policy. Alternatively, with the agreement of the Pensions and Payroll Services Section, managers may access Statutory Sick Pay files, where such information is retained. Managers should contact their Human Resource Manager for this information before starting the scoring process.
12 All reasons for absence must be verifiable through the Management of Attendance Procedure and in particular the return to work interview and self/doctor certification process. Scoring The calculating period for attendance must be the two years immediately prior to the date of selection. To take account of a one off serious absence or illness in either year, the best of the last two year s records will be used. Where an employee has less than two year s service, it may be possible to use their attendance record from their previous employment, where it has been confirmed formally through a reference given by their previous employee. Points will be allocated on the following basis Recurring Short Term Absence 100% attendance achieved - 15 points Fewer than three occurrences - 10 points Three occurrences or more, but less than 10 days in total - 5 points More than three occurrences and 10 or more days in total - 0 points Long Term Absence 100% attendance achieved - 15 points One occurrence 20 days - 10 points One or two occurrence exceeding 20 days, but less than 40 days - 5 points More than two occurrences, at least two exceeding 20 days - 0 points Long and short term absences should be isolated and scored separately, up to a maximum score of 15 points for each. For those employees who have taken a combination of long and short term absence, scoring should be based on the type of absence that has had the most impact on the employee s attendance (i.e. the type of absence generating the lowest score.) Only one year s score must be used, this being the employee s best year of the last two. Discipline This factor takes into account an employee s current disciplinary record. Points will be allocated on the following basis No active disciplinary sanction on file - 15 points Current verbal warning on file - 10 points Current written warning on file - 5 points Current final written warning on file - 0 points No account must be taken of expired sanctions.
13 SELECTION FOR REDUNDANCY ASSESSMENT FORM ASSESSMENT COMPLETED BY: (Line Mgr) EMPLOYEE NAME: HUMAN RESOURCE MANAGER DATE OF SELECTION: JOB TITLE: VERIFIED BY: (Director) (Please attach a copy of the Personnel Specification used as part of the assessment) 1. Skills & Experience APPENDIX A The objective of the skills and experience selection factor is to determine those who, when listed objectively against the essential and desirable criteria of the specification meet the most criteria or the most relevant desirable criteria to the highest degree. Essential Criteria If the employee does not score 15 point, justify the scoring below: Actual Score Desirable Criteria ` Weighting* Actual Qualifications Only essential professional and work related qualifications should be listed here, in as far as they are an indicator of an individual s specialised knowledge and skill Experience Special Knowledge/Skills (15) (15) (15) TOTAL OVERALL TOTAL SKILLS & EXP. /30 The majority of employees will be expected to score a full 15 points against the essential criteria. Where fewer than 15 points are awarded the specific reason must be recorded. e.g.: employee previously redeployed to the post, job has changed and criteria not updated. In these circumstances the employee must score 15 points.
14 * Skills & Experience Score Weighting Desirable (Weighting) Justification Special Knowledge/Skills Experience
15 2. Attendance The cause of each absence must be identified before scoring takes place to identify discounted absences. To take account of one off serious absence or illness, the best of the last two years records will be used (i.e. two years back from the date of selection). Please mark clearly those absences to be excluded (score through) due to: Maternity - M Pre-agreed reasonable adjustments due to disability (inc. Consultants appointments) - RA Absences confirmed as resulting from industrial injury - II Dates of all absence (1) Days Lost (2) Discounted Absence (3) Short term absence Long term absence Scoring as appropriate 1 box only From To (please ) *20+ days Short Term Absence Year 1 - Year 2 Points 100% attendance achieved 15 Fewer than 3 occurrences 10 3 occurrences or more, but less than 10 days in total More than 3 occurrences and 10 or more days in total. 5 0 Long Term Absence 100% attendance achieved 15 1 occurrence 20 days 10 1 or 2 occurrences, exceeding 20 but less than 40 days 5 More than 2 occurrences, at 0 least two exceeding 20 days TOTAL TOTAL Actual Score Allocated (must not exceed 15 pts - lowest score only)
16 3. Discipline This factor takes into account an employee s current disciplinary record. No account must be taken of expired sanctions. Points Please relevant box No active disciplinary sanction in file 15 Current Verbal Warning on file 10 Current Written Warning on file 5 Current Final Written Warning on file 0 Actual Score Allocated Selection Totals: FACTOR NAME Skills and experience Attendance Disciplinary points Essential: Total points Desirable: Signed: (Line Manager) Signed:. (Human Resource Manager)
17 Right of Appeal REDUNDANCY SELECTION APPEALS PROCEDURE An employee who has been selected for redundancy either through the use of the selection criteria or because he/she was the only employee (or one of a group of similar employees) affected by redundancy will be allowed a right of appeal. An employee who has been selected for redundancy due to being unsuccessful following a competitive interview should initially seek formal feedback from the selection panel. However, this does not remove his/her right of appeal at the point when the redundancy notice is issued. 1. Appeals Panel APPENDIX 3 Following verification of the selection of the employee and the individual meeting held in accordance with the statutory dismissal procedures, the employee will be advised in writing of the decision to make him/her redundant and be advised of the right of appeal to an Appeals Panel. i) The Appeals Panel will comprise: The Chief Executive The Chief Human Resources Officer The Head of Employee Relations or their nominees If any of the above officers have been involved in the selection process, then appropriate substitutions will be made. The appeal will be held in a room free from interruption. 2. Appeals Procedure i) The appeal should be made within 5 working days of receipt of the notification referred to in 1 (i). ii) iii) iv) The appellant will be requested to submit the grounds of the appeal in writing to the Chief Executive (or nominee) at least 7 days before the Appeals Panel is convened. The Trade Union/appellant will be supplied with a copy of the appellant s individual points score as determined by the selection criteria. The Appeals Panel shall be convened by the Chief Human Resources Officer, or nominee.
18 At the appeal: a) The management representative will explain how the appellant was selected and will go through, in detail, the appellant s points score as determined by the selection criteria or the outcome of the competitive interview process. b) The management representative may call witnesses (e.g. the person responsible for the competitive interview process.) c) The Trade Union and/or appellant may question the management representative or management s witnesses. d) Members of the Appeals Panel may question the Service Group representative and witnesses. e) The Trade Union and/or appellant will explain why they feel the selection was unfair with reference to the selection criteria/competitive interview process. f) The Trade Union/appellant may call witnesses. g) The management representative may question the Trade Union, the appellant and witnesses. h) Members of the Appeals Panel may question the Trade Union, the appellant and witnesses. i) Each side will be allowed to sum up briefly but will not be allowed to give new evidence. j) Both parties to the appeal will withdraw and the Appeals Panel will consider its decision. k) The Chair of the Appeals Panel will communicate the decision of the panel to the Trades Union/appellant, the management representative and in writing to the Director of the Service Group, together with a copy to the appellant and his/her Trade Union representative. The appellant will be advised of any statutory right to appeal to an Employment Tribunal.