Any employee who cannot fulfil their substantive role due to a disability or ill health and is looking for redeployment as a reasonable adjustment.

Transcription

1 Redeployment Policy and Procedures Owner: Head of HR Corporate Approved by: Head of HR Operations Date issued XXXXXX 1. Policy Statement Network Rail is committed to protecting employment for its employees as far as reasonably possible. The skills and knowledge of its employees are an asset to Network Rail and contribute to its success. Network Rail recognises its obligations under the Employment Rights Act 1996 and Equality Act The purpose of this policy and procedure is to help mitigate any risk of redundancy, as far as is reasonably practical, and where possible to retain valuable skills and knowledge within Network Rail. Network Rail also recognises its obligation to support employees to find suitable alternative work where they are unable to continue in their current role due to disability or ill-health. 1.1 Scope This policy and procedure applies to:- Role Clarity bands 1 to 8 (and equivalent) Employees covered by the Promotion, Transfer, Resettlement and Redundancy arrangements (PTR&R), who are affected by a reorganisation following application of either the PTR&R or the people process ; it should be read in conjunction with the Job Security Agreement for those applicable grades. And Any employee who cannot fulfil their substantive role due to a disability or ill health and is looking for redeployment as a reasonable adjustment. This policy and procedure will not supersede any rights employees may have under the Promotion, Transfer, Resettlement and Redundancy arrangements PTR&R and terms and conditions of employment. This policy and procedure will not apply to:- Employees who are on Fixed Term Contracts (FTC) which are coming to an end. They are entitled to be advised of this policy and can apply for current vacancies, whether that be further fixed term contracts or permanent positions. As such employees on FTCs would not be treated as redeployees for the purposes of this policy.

2 1.2 Principles Network Rail will seek suitable alternative employment opportunities for employees who are at risk of redundancy and / or who are unable to continue in their current role due to disability and/or ill-health and where it has not been possible to make reasonable adjustments to enable them to continue in their existing role. Employees who are on parental leave and are at risk of redundancy will be given priority over all other employees in being offered a suitable alternative role. Employees who are at risk of redundancy or unable to fulfil their substantive role due to ill health and/or disability will be offered a vacant role if it is agreed between the employee and the hiring manager that it is a suitable alternative role, or would be suitable with adjustments and following a period of training within a reasonable timescale in line with the reasonable adjustment policy. If more than one employee is potentially suitable for a vacancy or where the vacancy is not a match against the employee s previous role, employees will be selected using the normal process for that role. Reasonable adjustments will be made to this process where needed and reasonable. 1.3 Responsibilities Employees will take all reasonable steps to obtain suitable alternative employment opportunities. This includes regularly reviewing the internal vacancy list, applying for suitable opportunities, considering redeployment opportunities, preparing for interview and selection processes and attending any relevant training courses. Line managers will retain responsibility for the employee throughout the redeployment process unless the business area undergoing an organisation change has other arrangements in place. Either the line manager or the appointed person will hold regular 1:1s, will check that the employee has access to current vacancy lists, continue to provide appropriate training and development opportunities to support the employee throughout the redeployment process. Hiring managers will consider a redeployee who meets the suitability criteria (see 2.2 Finding suitable alternative work) before any other internal or external candidates. Where a redeployee is not suitable, feedback must be provided to them on request, which may be at any stage during the recruitment process. The redeployment team, in conjunction with the resourcing business partners, HR business partners and line managers will support employees throughout the redeployment process. 2. Procedure The redeployment procedure begins following conclusion of either the relevant people process or the PTR&R process. At this stage the employee will be placed onto the redeployment register and will become a redeployee. The redeployment procedure ends when either the employee s notice expires or when the employee has been appointed to a suitable alternative permanent role, having successfully completed a trial period, where applicable.

3 For employees who are unable to fulfil their substantive role due to ill health or disability, both the employee and line manager shall agree the timescale within which the employee will be a redeployee. The process ends when either the employee has obtained an alternative role and where required successfully completed a trial period or the timescale has expired and they have not obtained an alternative role. At this stage the line managers should consider alternative options. 2.1 Notification At the point when the employee is placed at risk or can no longer continue in their substantive role owing to ill health or disability, HR business partners will flag the employee on our HR system as a redeployee and that status will show against their name on irecruitment (on line method of applying for roles) when they apply for internal vacancies. When the employee is appointed to a permanent role the redeployment flag will be removed to show the employee is no longer a redeployee. Should the employee not successfully complete the trial period the HR business partner will reflag the employee as a redeployee on the HR system. 2.2 Finding suitable alternative work Where a vacancy arises, the redeployment team, in conjunction with the Resourcing Business Partners, HR Business Partners and Line Managers will search the redeployment register prior to any form of recruitment advertising being launched The redeployment team / resourcing team will contact the employee to ascertain their suitability and interest in the role and provide this information to the hiring manager. When considering the employees suitability for a role the following criteria will be taken into account The employee s skills knowledge and experience and how this matches the requirements for a new role or could match following a period of training within a reasonable time period The employee s current role, band & job responsibilities The employee s current salary and benefits package (this may be relevant when considering an employee for a role below their current band) Location, including employee journey time from home to proposed place of work Hours of work The perceived status of the new job A line manager can directly appoint a redeployee unless there is more than one employee identified as a match. If there is more than one, they will be selected using the normal process for that role. Offers to redeployees will be processed by the resourcing team following the usual offer process. Any relevant clauses will be incorporated in the offer letter. Band 1 to 4 employees will have their salary and Terms and Conditions protected for a period of 2 years, if the new role is of a lower band

4 Bands 5 to 8 and equivalent will transfer into a new role on their current salary and Terms and Conditions, if the role is a lower band. Where an employee finds an alternative role due to ill health and/or disability, the role will be offered at the rate of pay and conditions for that role; where it is deemed as a suitable alternative role this will be offered at their existing pay and conditions. If there are no suitable redeployees, the vacancy will continue through the normal recruitment process. Employees affected by re-organisation or unable to fulfil their substantive role due to ill health and/or disability should also look for suitable alternative roles by reviewing the internal vacancy list on a regular basis. 2.3 Secondments Where a redeployee has successfully completed a secondment and the role becomes available on a permanent basis the redeployee will be appointed directly to the post, in line with the Recruitment and Selection policy unless there are other potential redeployees who are suitable for the role. 2.4 Trial Periods Where a suitable alternative role is identified, the employee will take up the new role subject to a trial period as set out in the relevant people process or PTR&R as applicable, reviewed four weekly. The employee will be advised in writing of any trial period and that if they work beyond the end of the trial period they will no longer be entitled to a redundancy payment as they will be deemed to have accepted the new employment. This must be discussed with the employee by their line manager, prior to the conclusion of the trial and be confirmed in writing from the line manager to the redeployee. If Network Rail or the redeployee wish (clause 2.5 notwithstanding) to end the new contract within the trial period for a reason connected with the new role, the redeployee will retain the right to a redundancy payment under their old contract. Employees who are being redeployed because they are unable to fulfil their substantive role due to ill health and/or disability will take up the new alternative role with all reasonable steps taken to make reasonable adjustments, subject to a trial period of three months, reviewed four weekly. If the new alternative role does not prove suitable then ill-health severance may be considered. 2.5 Refusal of Suitable Alternative Employment An employee who is at risk of redundancy, who unreasonably refuses an offer of a suitable alternative role or declines to attend an interview for a suitable alternative role may risk the loss of any further redeployment support and the possible loss of their entitlement to any redundancy payment unless the reasons given are acceptable to Network Rail.

5 An employee who is redeployed because they can no longer do their current role due to disability or ill-health, who unreasonably refuses an offer of a suitable alternative role with reasonable adjustments provided may risk the loss of any further redeployment support and risk possible dismissal on the grounds of capability, unless the reasons given are acceptable to Network Rail.