HYWEL DDA UNIVERSITY HEALTH BOARD REDEPLOYMENT POLICY. 158 Supersedes: Classification Employment

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1 REDEPLOYMENT POLICY Policy Number: 158 Supersedes: Classification Employment Version Date of Date of Date made Review Approved by: No EqIA: Approval: Active: Date: V3 W&OD Committee Brief Summary of Document: Scope: To be read in conjunction with: Owning Committee/ Group Executive Director: This policy outlines the process to be followed when an employee needs to be redeployed for reasons other than Organisation Change. This policy will provide the process to be followed for staff who are redeployed for reasons other than organisational change. This policy will be operated in conjunction with Sickness Absence, Relocation and Secondments policies and guidance. 573 AW Organisational Change Policy Grievance Policy Secondment Policy Sickness absence policy Relocation policy Protection policy Workforce & OD Committee Lisa Gostling Job Title Director of Workforce & OD

2 Version no: Summary of Amendments: Reviews and updates Date Approved: 1 New Policy No changes therefore extended for three years Revised Glossary of terms Term Definition Keywords Redeployment Database No: 158 Page 2 of 15 Version 3.0

3 1. INTRODUCTION POLICY STATEMENT SCOPE OF THE POLICY AIMS OBJECTIVES CIRCUMSTANCES WHICH MAY LEAD TO REDEPLOYMENT ORGANISATIONAL CHANGE HEALTH REASONS REDEPLOYMENT FOLLOWING OR DURING A GRIEVANCE OR DIGNITY AT WORK MATTER APPLICATION STAFF CONSULTATION ENTRY ONTO THE REDEPLOYMENT REGISTER IDENTIFICATION OF SUITABLE EMPLOYMENT INFORMAL MEETING TRIAL PERIOD AGREEMENT TERMS & CONDITIONS FUNDING ARRANGEMENTS LENGTH OF TIME ON THE REGISTER APPEALS ROLES AND RESPONSIBILITIES CHIEF EXECUTIVE DIRECTOR OF WORKFORCE & OD MANAGERS OCCUPATIONAL HEALTH DEPARTMENT WORKFORCE AND ORGANISATIONAL DEVELOPMENT DEPARTMENT RESOURCING TEAM EMPLOYEE HELP AND ADVICE IMPLEMENTATION REVIEW OF POLICY APPENDIX 1 - REGISTRATION ONTO REDEPLOYMENT REGISTER APPENDIX 2 - EMPLOYEE AGREEMENT APPENDIX 3 TO ACCOMPANY APPROVED VACANCY INFORMATION TO STAFF APPENDIX 4 RECORD OF TRIAL PERIOD Database No: 158 Page 3 of 15 Version 3.0

4 1. INTRODUCTION This policy outlines the process to be followed when an employee needs to be redeployed for reasons other than organisational change. The All Wales Organisational Change Policy(OCP) sets out the process to be followed for staff who need to be redeployed due to organisational change. (See appendix 5 of the All Wales OCP). 2. POLICY STATEMENT It is recognised across NHS Wales that the process of securing alternative employment for displaced staff requires a consistent and committed approach from all parties. Hywel Dda University Health Board is committed to following best practice in this. This policy incorporates principles for redeployment of staff in cases of capability due to ill health and capability due to poor performance in accordance with best practice. On occasion redeployment may also be the outcome from a grievance or dignity at work issue. 3. SCOPE OF THE POLICY To ensure that staff are appropriately redeployed in accordance with best practice and the principles of the OCP. 4. AIMS To secure alternative employment for displaced staff within the Health Board. 5. OBJECTIVES The ensure staff are aware of redeployment opportunities and the process followed to match appropriate vacancies with eligible staff. 6. CIRCUMSTANCES WHICH MAY LEAD TO REDEPLOYMENT There are a number of situations that can occur when the Health Board has to consider redeploying an employee: 6.1. Organisational Change This could be due to change within the organisation such as restructuring of services which could be on a temporary or permanent basis. Where the reason for change may lead to a post no longer being required, alternative/comparative posts must be considered. See Appendix 5 of the Organisational Change policy Health Reasons Where it is recommended by the Occupational Health Department that an employee can no longer carry out the duties of their post due to health reasons, redeployment on ill health grounds will be considered. Occupational Health will provide guidance in respect of any post which becomes available. Where appropriate an assessment should be undertaken to determine if reasonable adjustments can be made to either the work environment or any specific duties of the post. Where this can be achieved, it may not be necessary to seek redeployment to an alternative post. The above options must be considered prior to considering ill health retirement. Database No: 158 Page 4 of 15 Version 3.0

5 6.3. Redeployment following or during a Grievance or Dignity at Work matter During the course of an investigation, it may be considered inappropriate for an employee who has had a grievance/concern raised against them, or has raised a grievance/concern, to continue employment in their present post. It is important to consider who should be moved i.e. the employee raising the grievance or the employee who the grievance is against them. The effect this has on working relationships should be carefully considered. Consideration will be given to the duration of this arrangement taking all circumstances into account. Redeployment under these circumstances will only be considered as part of the outcome of the grievance or dignity at work complaint and as a final option to resolving the issue. 6.4 Capability Issues The outcome of a capability process could also result in a member of staff being temporarily or permanently redeployed 7. APPLICATION 7.1. Staff Consultation The Health Board is committed to partnership working and will consult with staff side representatives over changes in service delivery and then consult staff individually as set out in the All Wales Organisational Change Policy Entry onto the Redeployment Register Staff who are judged to come under the scope of this policy will be placed on the redeployment register as soon as it is identified that their employment in their current post is no longer tenable. Any search for suitable alternative employment within the employee s current department will occur simultaneously with their entry onto the redeployment register and will take place under this policy. Staff whose employment in their current post is no longer tenable due to health related issues will only be placed on the Register on the advice of Occupational Health. Where it is known following Occupational Health advice that an employee will not be able to return to work in any capacity in the foreseeable future, they will have no entitlement to be considered for redeployment. Where posts cease to exist or where posts are substantially altered as a result of service change the redeployment process as outlined in the All Wales Organisational Change Policy Appendix 5 will apply. The process for entry onto the redeployment register and receiving information is set out in the Appendix Identification of Suitable Employment Individuals placed upon the redeployment register will be asked to provide contact information; at least one contact must be either a work or home address. This information will then be passed onto the Resourcing Team who are responsible for administering the redeployment register. Appendix 1, 2 and 3. Database No: 158 Page 5 of 15 Version 3.0

6 Each week a list of all available posts will be ed to all staff on the redeployment register. This list will be copied to the Workforce teams who will scan the list for posts which they believe any individuals are suitable for. It is the employee s responsibility to advise their Workforce representative of any periods of extended leave which they are taking to ensure that this person will be aware of their absence when the weekly vacancy list is circulated. It is the employee s responsibility to scan the vacancy list each week to look for a suitable alternative post. If a post is present which the individual is interested in they must contact their Workforce Team who will liaise with the Resourcing team and appointing manager to arrange for the post to be considered. For an alternative vacancy to be deemed suitable there must be a minimum basic skills match between the requirements of the vacancy based on the person specification and the current skill level of the individual. If a full skills match does not exist initially, the vacancy may be deemed suitable if it is agreed at the outset that after a reasonable period of training it is estimated that the full skills match would be achieved. Employees are expected to be flexible when considering whether a post is suitable. Reasonable attempts to accommodate an employee s preference will be made. However as no guarantees can be given, employees should not unreasonably refuse a post that is within a reasonable travel distance to their preferred location or at a lower pay band. Should an employee unreasonably fail to pursue a post which is deemed to be suitable alternative employment, their employment may be terminated and any compensatory payment will be withheld as the employee will be deemed to have refused suitable alternative employment. Where an employee disagrees with the manager that the employment offered is suitable the employee will have the right to appeal in accordance with the Health Board s Grievance Policy. Where redeployment occurs due to organisational change, salary protection will be offered in accordance with the All Wales Organisational Change Policy if the post is at a lower band. Affected individuals will continue to receive prior consideration for available posts up to the level of their original banding while they are on the redeployment register. Salary protection does not apply in cases where redeployment is due to ill health reasons or capability due to poor performance Informal Meeting Once an individual has expressed an interest in a post on the vacancy list the employee will contact the Workforce Team who will advise the Resourcing Team. This will then place the vacancy on hold until an informal meeting has taken place with the Line Manager from the department with the vacancy. The meeting does not need to be formal for a post that is deemed suitable but there is an understanding that posts with significant changes in responsibilities e.g. a higher band would Database No: 158 Page 6 of 15 Version 3.0

7 require a formal interview process in order that there is no unfair advantage in securing a promotion. Where only one individual is involved, the decision to offer a trial period will be based on whether the individual can reasonably be expected to undertake the duties of the post to the required standard. The benefits and practicality of providing further training to bring an individual up to the required standard should be a normal consideration before any decision is made. Where more than one individual wishes to be considered for a vacancy, an interview process will be established. An appointment will be made by the manager, based upon the individual s ability to undertake the role matched against the person specification. Where an employee is being redeployed as a result of a health related issue, advice must be sought from the Occupational Health Department on the suitability of the post prior to the meeting being held. Where appropriate, redeployment to a fixed term or temporary post will be considered in the interest of both the service and the individual. Individuals can continue to be on the redeployment register until a permanent appointment becomes available. The Workforce representative will advise the Resourcing Team of the outcome of the meeting and document it appropriately (i.e. changes form, letter, contract etc) 7.5. Trial Period When an employee proves to be competent in the post at an early stage, confirmation of the appointment can be granted at any time within the 4 weeks trial period. Appendix 4. If the trial period is not successful, the department Manager must liaise with the Workforce representative explaining why the employee is unsuitable for the role and providing written documentation/evidence of this. Equally, it is recognised that the employee may have legitimate reasons for deeming the post to be unsuitable and they will also be required to provide written documentation/evidence of this. The Workforce representative will be responsible for checking: The post or elements of the post are clearly different in nature to that previously held by the employee in the organisation. Agreed training has taken place. Any other factors considered relevant by the manager, employee or Trade Union Where the trial period has not been successful, the original manager, employee and Workforce representative will then be responsible for pursuing further redeployment if appropriate. If there are no further suitable redeployment opportunities it may be necessary to consider other alternatives (e.g. early retirement) and the original department will bear all the costs. 8. AGREEMENT Whatever the reason the employee is being considered for redeployment, an agreement form must be signed by both the employee and the designated Workforce representative. The agreement is to ensure that both parties work together within the specified timescale to find a suitable alternative post. Database No: 158 Page 7 of 15 Version 3.0

8 9. TERMS & CONDITIONS Pay protection will only apply if the redeployment is as a result of organisational change as set out the All Wales OCP If redeployment is with an alternative employer statutory rights may be affected and this should be fully discussed with the individual concerned. 10. FUNDING ARRANGEMENTS During the trial period the employee will be paid by the department in which the trial period is being undertaken who will also fund any additional training required. Where an employee is redeployed successfully and is subsequently entitled to protection of earnings, it is the responsibility of the receiving department to pay the protection element of the salary. When an employee is redeployed into a department which has a vacancy the receiving department is responsible for the funding. 11. LENGTH OF TIME ON THE REGISTER Where an employee has been placed on the Register due to a sickness capacity issue or due to organisation change as set out in the All Wales OCP they will remain on the register for a maximum period of 12 weeks. Should the search for alternative employment prove unsuccessful, the employment will be terminated on the grounds of incapacity due to ill-health or redundancy. The employee s notice period if due to sickness capacity will run concurrently with any period of half pay. 12. APPEALS If an employee is dissatisfied with the application of this policy and this persist following informal attempts to resolve the matter, the employee will have the right to appeal in line with Health Board s Grievance policy. 13. ROLES AND RESPONSIBILITIES Chief Executive The Chief Executive holds overall responsibility for the effective management of organisational policies Director of Workforce & OD The Director of Workforce & OD has responsibility for ensuring that all employment polices are developed in line with employment legislation and practice and are reviewed and updated as appropriate Managers It is the responsibility of the manager in liaison with the Workforce and Organisational Development Department to identify suitable alternative employment opportunities and provide advice to employees in respect of this policy Occupational Health Department It is the responsibility of the Occupational Health Department to provide advice on:- possible reasonable adjustments in respect of the current position Redeployment in situations when the employee is unable to remain in their current position due to a health related problem. Database No: 158 Page 8 of 15 Version 3.0

9 13.5. Workforce and Organisational Development Department The Workforce Representative will ensure full details of eligible staff are collected and placed on the redeployment register. The Workforce and Organisational Development Department is responsible for identifying appropriate redeployment opportunities for staff commensurate to the skills of the individual on the redeployment register Resourcing Team The Resourcing team will on a weekly basis circulate vacancies to all individuals on the redeployment register and County Workforce Representatives so that individuals can view vacancies to identify possible suitable posts. Should a suitable position be identified the recruitment team will liaise with the appointing manager to ensure the individual is considered prior to any other candidates for vacancies Employee All employees who are placed on the redeployment register have a responsibility to review all vacancies weekly, should they identify a post which may be suitable they must contact their Workforce Representative to obtain further information. 14. HELP AND ADVICE Help and advice regarding the application and interpretation of the policy is available from the Workforce and OD department and recognised trade unions and staff organisations. 15. IMPLEMENTATION The policy will be available on the website for staff information and implementation in appropriate circumstances in consultation with Workforce & Organisation Development. 16. REVIEW OF POLICY This policy will be reviewed in three years time. Earlier review may be required in response to exceptional circumstances, organisational change or relevant changes in legislation or guidance. Database No: 158 Page 9 of 15 Version 3.0

10 17. APPENDIX 1 - REGISTRATION ONTO REDEPLOYMENT REGISTER To be completed by Line Manager/County Workforce Representative in consultation with employee/staff representative) From: (Date of entry to Register) Until: (Potential removal from Register) Redeployment Type: A Organisational Change B Capability due to ill health C Capability due to poor performance D Grievance/Dignity at Work APPLICANT S DETAILS Name: Work Address Home Phone no: Current Hours of Work: Address: Personal Address Work phone no: Contract: Permanent/Fixed Term/Temp Band/Grade: Days/ Nights/Rotation Directorate/Location/Base: Employee Number: NHS Entry Date Qualifications: Database No: 158 Page 10 of 15 Version 3.0

11 Professional Qualifications: HYWEL DDA UNIVERSITY HEALTH BOARD Skills and abilities e.g. IT, Typing Alternative Work Sought: Database No: 158 Page 11 of 15 Version 3.0

12 Number of hours able to work per week: Minimum.Maximum (Please stipulate any restrictions on availability (e.g. times, days of week, day/night shifts). How soon could alternative work begin?... Suitable Locations for work: List examples of potentially suitable jobs/grades: Please summarise any Occupational Health advice which needs consideration: Employee s signature Line Manager s signature Date Date Manager s Job Title Workforce Rep s signature Date Please provide one copy to the Workforce Team, one copy to the Resourcing Team and place one copy in the employees Personal File. Original is for Individual reference. Database No: 158 Page 12 of 15 Version 3.0

13 18. APPENDIX 2 - EMPLOYEE AGREEMENT Appendix 2 EMPLOYEE AGREEMENT In entering into the, I agree to comply with the terms of the procedure and work proactively with in an attempt to secure alternative employment in the NHS. I will contact my designated Workforce Representative on a regular basis to discuss vacant posts, skills required and assess my suitability to any posts that either I or my Workforce Representative have identified. I will regularly check my s to review all Health Board Vacancies and should I decide a post may be suitable I will contact my Workforce Representative. I will notify my Workforce Representative of any prolonged periods of absence should I not have access to my s. Name: Date: Workforce Representative I agree that I work with in an attempt to secure suitable alternative employment within the terms and procedures and specified timescales. Name: Date: Database No: 158 Page 13 of 15 Version 3.0

14 19. APPENDIX 3 TO ACCOMPANY APPROVED VACANCY INFORMATION TO STAFF Draft to accompany approved vacancy information to staff on the redeployment register Dear Colleague, Please find enclosed a list of vacancies which have been approved for advertising. If you consider yourself suitable for any of these could you please contact your Workforce representative as soon as possible or within the next 7 days at the latest to express an interest and obtain further details. Yours sincerely Database No: 158 Page 14 of 15 Version 3.0

15 20. APPENDIX 4 RECORD OF TRIAL PERIOD NAME: TRIAL POST TITLE: TRAINING REQUIRED YES/NO If yes COURSE NAME IF APPLICABLE DATE REQ. DATE TRAINING ATTENDED OR PROVIDED REVIEW AND OUTCOME OF TRIAL PERIOD: LINE MANAGER Signed: Date: EMPLOYEE: Signed: Date: Database No: 158 Page 15 of 15 Version 3.0