Organisational Change Policy P078. Version Date Revision Description Editor Status

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1 Document Information Board Library Reference Document Author Assured By Review Cycle P078 Head of HR Employment Strategy and Engagement Committee 3 Years Note: This document is electronically controlled. The master copy is maintained by the author department within the document library on OurSpace. Once printed, this document becomes uncontrolled. Document Version Tracking Version Date Revision Description Editor Status Jan 2011 by Quality & Healthcare Governance on TW May 2011 Deletion of Redeployment Form from Appendices to be replaced with an electronic version approved by MWMG on 6 April 2011 and noted by Q&HCG on 10 May. TW Nov 2011 Administrative amendments agreed and noted by QHCG on 1 November 2011, plus extension of review date to 30 th June 2012 TW Mar 2012 Review date extension to 31 st October 2012 approved by Quality & Healthcare Governance Committee TW Sep 2012 Review date extension to February 2013 approved by MWMG on 8 August 2012 and noted by ESEC on 21 September TW Mar 2013 Revised Draft for consideration at GNG on 29 January 2013 and again on 26 February 2013 where it was agreed. ESEC approved on 8 March KE May 2014 Amended to reflect addition of At Risk Procedure. No change in review date. by Employee TN /06/ of 11

2 Strategy and Engagement Committee 3.0 January 2017 Expiry date extended until 30 April 2017 as agreed by Director of Nursing Head of Compliance /05/2017 Policy extended until 31/10/2017 context of linking to other policies Interim Head of HR /12/2017 Policy expiry date extended to 31/3/2018 Head of HR /06/2018 Extended to end June Head of HR /06/ of 11

3 Table of Contents 1. Introduction Policy Statement Purpose or Aim Scope Principles Underpinning all Organisational Change Processes Changes at Individual and Team Level Major service change Redundancy... Error! Bookmark not defined. 9. Suitable Alternative Employment Roles and Responsibilities Standards Training Monitoring or Audit Definitions Associated and Related Procedural Documents References /06/ of 11

4 1. Introduction 1.1. Avon & Wiltshire Mental Health Partnership NHS Trust recognises and values the contribution of all staff to the work of the organisation. In order to ensure the quality of services and to respond to local needs, it may be necessary to change organisational structures, roles and methods of service delivery from time to time. 2. Policy Statement 2.1. There is an expectation that staff will be flexible in their approach to change and engage fully with the Trust s processes for managing change Where major change projects are being envisaged or there is an anticipated reduction in posts, the Trust will engage fully with trade unions to ensure that all legal requirements for collective consultation are met. 3. Purpose or Aim 3.1. The purpose of this policy is to set out the principles for managing organisational change and to provide procedures and guidance for managing redundancy and redeployment when necessary. The policy also provides for guidance on the processes required for staff transferring into and out of the organisation under the Transfer of Undertakings (Protection of Employment) Regulations The Trust aim is to build on its existing strengths and talent, ensuring that the right people with the right skills are in the right roles. whilst maintaining employment security wherever possible. 4. Scope 4.1. This policy applies to all AWP employees This policy does not apply to bank workers This policy also relates to potential employees of the Trust in that it sets out the principles to be adopted where organisational or service change affect staff joining the Trust under Transfer of Undertakings Protection of Employment Regulations (TUPE). 5. Principles Underpinning all Organisational Change Processes 5.1. The Trust will work in partnership with recognised Trade Unions to manage change in a constructive manner Change processes should be consistent and fair, and where possible, sensitive to the needs of individual staff members All reasonable steps will be taken to avoid redundancies in order to ensure that valuable skills and experience are not lost to the service All change processes will comply with all relevant employment and equality legislation. Advice from HR should be sought where appropriate /06/ of 11

5 5.5. Managers and trade union representatives will provide appropriate support to staff affected by change processes Staff affected by change processes will be provided with information at the appropriate time and have the opportunity for a meeting with their manager at which they may be accompanied by a trade union representative or a work colleague in accordance with the Trust s Right of Staff to be Accompanied Policy 5.7. Appropriate approval must be obtained before initiating an organisational change process All changes to the banding of posts must be considered by a Service Manager at band 8b or above, and where appropriate, be made in accord with the Job Banding Policy. Specific responsibilities may be delegated but the Service Manager will be always accountable for decisions made. 6. Changes at Individual and Team Level 6.1. Where there are individual changes to a job role or work location, these will be discussed with the individual with a view to reaching an agreement. Where an agreement is not reached, more formal processes will be required. Employees may be represented by a trade union representative, and have the right to be accompanied to any meetings in accordance with the Trust s Right of Staff to be Accompanied Policy 6.2. Where there are changes to posts within a team or department and there is no overall reduction in the number of posts, consultation will take place with the individuals affected by the change with a view to reaching agreement. This may entail a preference exercise, with posts being ring fenced within the team and where changes are not significant, individuals may be slotted into suitable new posts within the team. Trade union representatives should be involved in any consultation for significant changes to a team Where there is a change of team base, consideration will be given to the circumstances of individual team members and a view taken about the reasonableness of the change of work base in each case. If it is deemed unreasonable for a member of staff to move to the new base, their post may then be deemed to be at risk and the redundancy/redeployment process should be followed. 7. Major service change 7.1. Where there is a major service change or restructuring being proposed, there will be engagement with trade unions, staff and all other stakeholders Senior managers will undertake consultation with trade union representatives to agree the arrangements for consulting with staff and on and implementing the change For large scale change the processes for both collective and individual consultation processes will be agreed with trade union representatives /06/ of 11

6 7.4. Where it is known that there is a likelihood of more than 20 redundancies, there are statutory provisions for formal consultation with trade unions during which prescribed information must be disclosed and for notifying the Department of Business and Innovation within a set timeframe. 8. Staff whose posts are At Risk 8.1. At Risk : Staff will be placed at risk of redundancy, when it becomes clear that they will not have a substantive post available to them. This may be because: i) There is an overall reduction of posts as a result of a major change exercise, for example where there is a need to close units. ii) iii) The employee has been unsuccessful in finding a suitable alternative post during a restructuring exercise, where there has been ring fencing and/or slotting in. It is not reasonable for the employee to move to a new location based on an analysis of all the circumstances, including the level of seniority of the post and the individual s personal situation. Staff should refer to the At Risk Procedure P Selection Criteria for Redundancy: Where it is necessary to reduce the number of posts, selection criteria which will be used should be considered in the formal consultation process. Both trade union representatives and individual members of staff given opportunity to comment. See Redundancy Procedure P Voluntary Severance: This policy provides for voluntary severance and early retirement. Voluntary severance may be considered subject to any recipients having received independent legal advice concerning a written proposal made by the Trust. Voluntary severance will be subject to a separate agreement between the Trust and staff side representatives, subject to Strategic Health Authority/Treasury approval as required Mutually Agreed Resignation Scheme (MARS): The Trust has an agreed MAR Scheme which it may offer to employees when deemed appropriate., for agreed time periods Time Off To Seek Alternative Employment a) A staff member who is given notice of redundancy has the right, before his or her notice expires, to reasonable paid time off from work in order to look for new employment or arrange any training for future employment. b) Management decisions about the reasonableness of requests for paid time off will be made taking account of service delivery requirements. Requests will not be unreasonably refused /06/ of 11

7 9. Suitable Alternative Employment 9.1. All staff who are at risk of redundancy will be considered for redeployment to any available suitable alternative work. Decisions on the suitability of suitable alternative work will be made in respect of the needs of the service A suitable alternative post need not be at the same pay. Where it is necessary to redeploy an employee whose job is at risk due to redundancy, the Pay Protection Policy will apply The offer of a post one grade below the post at risk (with appropriate pay protection) is generally regarded as a suitable alternative Staff should be offered posts based around their existing working hours where possible. If this is not available and they accept a post on fewer hours, they will be entitled to pay protection in accordance with the Pay Protection Policy It is reasonable to expect that staff in a higher pay band will accept redeployment within a wider geographical area and to a role with greater variation from their original role than staff in lower pay bands Trial Periods a) The purpose of a trial period is to allow both the employee and the service manager to confirm that the employee will be able to undertake the role satisfactorily after reasonable training has been provided. b) All redeployments will be subject to a trial period. This will be of at least four weeks in cases of service change An employee may forfeit their right to a redundancy payment if they do not apply for or accept an offer of suitable alternative employment Maternity Leave and Suitable Alternative Work: An employee who is given notice of redundancy during maternity leave has the right to be offered suitable alternative employment if this is available. She will be given priority for any suitable redeployment opportunities once notice of redundancy has been issued Transfer of Undertakings (Protection of Employment) (TUPE) a) Transfer of Undertakings (Protection of Employment) (TUPE) regulations may apply when services transfer in or out of the Trust. TUPE legislation is complex and the advice of HR should always be sought. The Trust will comply with prevailing regulations and legislation. These provide for staff terms and conditions not being varied because of the simple fact of the transfer of employment. b) Should a situation arise whereby the Trust and the other organisation dispute whether the TUPE regulations apply, the Trust will do all that it /06/ of 11

8 reasonably can to reach agreement through the sharing of legal advice and, if necessary, an offer of arbitration. c) If at the date of transfer an employee continues to object to the transfer and refuse to transfer, they will be deemed to have resigned at that date Grievance and Disputes Concerning Organisational Change Processes Staff retain the right to raise a grievance and/or a Trade Union organisation has the right to raise a dispute through the appropriate procedures. Where a grievance is raised by one individual or a relatively small group, during organisational change, processes in relation to other staff will normally continue. In such circumstances, HR advice should always be obtained. 10. Roles and Responsibilities All Managers will: a) always work in accordance with the Trust s Trade Union Recognition, Facilities and Partnership Working Agreement. b) liaise with trade union representatives at the earliest opportunity c) when providing sensitive and/or confidential information to trade union representative, ensure that it is explicit that the information must be kept confidential, or only shared with agreed parties. d) develop written proposals, action plans, monitoring mechanisms and any required documentation associated with the proposed change e.g. job descriptions. e) engage with staff affected by service change by regularly meeting and corresponding with them on a regular basis though the period of service change. f) facilitate attendance at consultation events for all staff whose security of employment is directly affected by organisational change Managing and Executive Directors will additionally: a) ensure service change is appropriately authorised and managed in accordance with this policy prioritising their active involvement as required Trade Union Representatives will: a) work in accordance with the Trust s Trade Union Recognition, Facilities and Partnership Working Agreement seeking to progress discussions in a timely way for instance by nominating alternatives representatives when project lead representatives are not available /06/ of 11

9 b) will respect the confidentiality of information supplied where it is particularly sensitive and they are asked to do so. c) support the members of their trade unions by correctly interpreting this policy, and supporting and/or representing them in processes including group consultation meetings and, where requested, individual consultation meetings All Staff will: a) participate conscientiously in change processes using the full range of their skills and competencies to complete processes efficiently b) actively pursue opportunities for suitable alternative work, engaging with recruitment processes and registering with NHS Jobs, if they are at risk of redundancy. c) continue to undertake their existing role throughout the process d) demonstrate commitment to agreed training and development plans e) contribute constructively to the functioning of their team (old and new) f) not object to processes generally continuing when this in the interest of the service and they themselves would not suffer a detriment from the proposed change The Director of Human Resources will: a) ensure that the Department for Business Innovation and Skills is appropriately informed of any planned redundancies (see Redundancy Procedure P078) People Directorate Staff will: a) provide advice and support to managers so that agreed procedures are followed; b) compile and maintain required workforce information including equality monitoring; c) co-ordinate relevant aspects of the process both within the Trust and with external organisations where appropriate; d) provide guidance, and where necessary active support, to line managers in their discussions with individual members of staff and Trade Union and staff representatives throughout the process /06/ of 11

10 11. Standards This policy will be measured against the requirements of employment legislation and the best practice expected from a modern health organisation. 12. Training Advice and support on managing change in accordance with this policy will be available from HR representatives and where required, for example, for major change projects, training may be provided to managers as appropriate. 13. Monitoring or Audit Representatives from trades unions formally recognised by the Trust and management representatives have drawn up this policy. Management as part of the review will provide meaningful statistics This policy will be reviewed after 3 years or earlier at the request of either party. 14. Definitions Redeployment is a process that provides for an existing member of staff identified as being at risk of dismissal due to redundancy to have prior consideration for other vacant posts within the Trust Under the Employment Rights Act 1996, a Redundancy situation may arise in the following circumstances: a) The employer ceases or intends to cease to carry on the business in which the staff member was employed; b) The employer ceases or intends to cease to carry on the business in the place where the staff member was employed; and c) The requirements of the business for staff to carry out work of a particular kind have ceased or diminished or are expected to cease or diminish. d) The requirements of the business for staff to carry out work of a particular kind in the place where the employee was employed by the employer have ceased or diminished or are expected to cease or diminish. 15. Associated and Related Procedural Documents Planning for Change Procedure P Formal Consultation Procedure P Redundancy Procedure P Redeployment to Suitable Alternative Work Procedure P Pay Protection Policy /06/ of 11

11 15.6. Relocation Policy Trade Union Recognition, Facilities and Partnership Working Agreement Policy Concerning the Right of Staff to be Accompanied 16. References This policy has been drawn up with reference to current UK and European employment legislation and relevant national terms and conditions /06/ of 11

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