Organisational Change

Transcription

1 Organisational Change Who Should Read This Policy Target Audience All Trust Staff Staff on secondment from other organisations or agency staff Version 1.1 October 2016

2 Ref. Contents Page 1.0 Introduction Purpose Objectives Process Overview of Organisational Change Process Preliminary Measures Arrangements for Consultation At Risk Arrangements Measures for Maximising Employment Security Ring Fencing Arrangements Redeployment Trial Periods Protection of Pay Redundancy Support and Assistance Offered to Employees Affected by Change Right of Appeal Procedures connected to this Policy Links to Relevant Legislation Links to Relevant National Standards Links to other Key Policies References Roles and Responsibilities for this Policy Training Equality Impact Assessment Data Protection and Freedom of Information Monitoring this Policy is Working in Practice 20 Appendices 1.0 Guidance Notes for Dealing with Staff who are Declared At Risk Protection of Pay and Conditions of Service Redundancy Summary Report 27 Version 1.1 October

3 Explanation of terms used in this policy Policy - The aims and principles under which services, divisions, or units will operate. A policy outlines roles and responsibilities, defines the scope of the subject covered, and provides a high level description of the controls that must be in place to ensure compliance Organisational Change - A management initiated change to the way services are organised, structured or delivered, which could be expected to have a significant or direct impact on the employment, working arrangements or working practices of staff At Risk - Staff are defined as being at risk when: The proposed organisational change identified that their post is no longer required within the organisation There is a reduction in the number of posts such that they might be unsuccessful in gaining a post following a competitive selection process Members of staff whose posts are at risk will be notified in accordance with the consultation process set out in Section 7.0 of this policy. An electronic register of at risk employees will be kept by the Human Resources Department Ring Fencing - Those staff identified as being at risk will need to be offered suitable alternative employment, where appropriate. All vacancies that may be identified as suitable alternative employment will be ring fenced for those staff identified as at risk to apply for Automatic Slotting In - Where the substantive duties of the post holder are wholly or mainly the same in the new structure as they were in the old, and where there is no change in grade to the post or no other staff in the same role are displaced, the member of staff should slot in automatically without competition and without detriment to their terms and conditions Competitive Interview Process - Where the posts in the revised structure or new service are similar to existing posts and/or where there are fewer available posts than the number of staff potentially at risk, the identifiable group will be ring fenced so that only the staff potentially at risk are considered for the available posts Expressions of Interest - Where new posts are established these will be restricted in the first instance to those directly affected by the change, who have not been the subject of automatic slotting or competitive interview. Those affected will be asked to identify which of the posts available they would prefer to be considered for. A selection process will then take place in line with Trust Equal Opportunities requirements Redundancy - The Employment Rights Act 1996 states that redundancy arises when employees are dismissed in the following circumstances: Where the employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed; or where the employer has ceased, or intends to cease, to carry on the business in the place where the employee was so employed; or Where the requirements of the business for employees to carry out work of a particular kind, in the place where they were so employed, have ceased or diminished or are expected to cease or diminish Reckonable Service - Reckonable service for the purposes of an NHS redundancy payment, which is calculated on the basis of the service up to the date of termination of the contract, means continuous full-time or part-time employment with the present or any previous NHS employer but with the following additions: subject to paragraph 16.6 below, where there has been a break in service of 12 months or less, the period of employment prior to the break will count as reckonable service periods of employment as a trainee with a general medical practitioner, in accordance with the provisions of the Trainee Practitioner Scheme, will count as reckonable service Version 1.1 October

4 at employer discretion, any period or periods of employment with employers outside the NHS, where these are judged to be relevant to NHS employment, can be included in reckonable service see Section 12 of the NHS Terms and Conditions of Service Handbook The following employment will not count as reckonable service: employment that has been taken into account for the purposes of a previous redundancy, or loss of office payment by an NHS employer where the employee has previously been given NHS pension benefits, any employment that has been taken into account for the purposes of those pension benefits Continuous Service - Continuous service is calculated in accordance with Part XIV, Chapter 1, of the Employment Rights Act 1996, Continuous Employment. For the purpose of determining whether service has been continuous it does not matter whether an employee works on a full-time or part-time basis. For the purpose of determining eligibility for redundancy pay, previous continuous employment with different NHS employers may be counted as long as there has not been a break of a week or more (measured Sunday to Saturday) between any periods of employment. Reckonable service will not be counted where for previous employment for which an employee has received NHS pension benefits Version 1.1 October

5 1.0 Introduction Black Country Partnership NHS Foundation Trust is committed to maintaining a secure employment environment for all employees. However it is recognised that from time to time organisational change is required in line with the changing needs of the organisation. The Trust is committed to the principles of equal opportunities in employment for all. This policy will be applied equitably and fairly and aims to ensure that no employee receives less favourable treatment on the grounds of age, gender, ethnicity, religion or belief, disability, marriage or civil partnership, pregnancy or maternity, or sexual orientation. 2.0 Purpose The purpose of this policy is to provide a framework to enable organisational Change to be managed in a systematic and fair manner, minimising the risk of redundancy and balancing the needs of employees and the organisation. The intention of this policy is to enable the Trust to manage the continuing need to have a flexible workforce. It is important that the policy is not restrictive and allows a flexible approach to be adopted to reflect the circumstances of each organisational change. 3.0 Objectives The Trust will manage all aspects of organisational change in a fair and reasonable manner taking into account employment legislation, local policies and procedures and relevant terms and conditions of employment The Trust is committed to providing maximum employment security for staff. As part of this commitment the Trust will seek to work with NHS organisations and Trade Union Representatives to avoid any job losses The Trust recognises that the best way to handle change is through the cooperation and partnership with individual members of staff and Trade Union Representatives and through the generation of an atmosphere of mutual trust and confidence The Trust is committed to having meaningful and early consultation with staff and Trade Union Representatives about major organisational changes and will adopt a partnership approach prior to, throughout implementation and as part of any review arrangements Where services provided by the Trust are to be transferred to external organisations in accordance with the Acquired Rights Directive and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), staff affected will have their rights protected in accordance with those regulations and any subsequent amendments The application of this policy will be subject to an Equality Impact Assessment prior to the commencement of the process. This will be carried out by the Lead Executive Director/Director responsible in conjunction with the lead Human Resources Manager Version 1.1 October

6 4.0 Process 4.1 Overview of Organisational Change Process Business case identified Organisational change proposal approved Formal Consultation with Staff Side Automatic slotting/ring fencing arrangements Staff at risk identified Consultation with affected staff Competitive interview/expressions of interest processes occur Staff still at risk are redeployed where possible Staff still at risk are served notice of redundancy, redeployment process continues during notice period Please refer to Appendix 1 for detailed guidance notes for dealing with staff who are declared at risk as a result of organisational change. 4.2 Preliminary Measures Plans or proposals will be developed for organisational change processes. Each plan or proposal should identify the staffing levels, types and grades of staff to deliver each part of the proposed service. A comparison with the existing workforce plan should then identify any implications for staff, the processes to be undertaken on a staged or by total organisational change basis, dependent on the size of the change. The Trust is committed to engaging Trade Union representatives in organisational change. The manager should in partnership with the lead HR representative ensure that a clear business case for the proposed organisational change has been identified and the implications for the workforce understood. Senior management/board approval should then be sought as appropriate. Once a proposal for organisational change has been approved by senior management/ Board, the next stage will be to inform the Trade Unions/ Staff Representatives to enable preliminary discussions to occur. This process will take account of the need to consult meaningfully and will allow the opportunity for all views to be taken into account including any alternative proposals put forward by the staff and staff side. To facilitate these discussions a consultation paper should be developed. The content of the consultation paper will vary depending on the nature of the change proposed, but is likely to include: Details of the proposed change e.g. - Existing/proposed organisational charts Version 1.1 October

7 - Details of new posts - Job descriptions/person specifications for posts where there have been significant changes Any changes to working patterns Any changes to work locations Proposed timetable for implementing change An outline of the benefits/reasons for the change Collective consultation will be required if the Trust is proposing to dismiss as redundant 20 or more employees within one establishment (service area) within a period of 90 days or less. The duty to consult collectively is in addition to the Trust s obligations to consult individually with each of the potentially redundant employees. Trade Union representatives will be informed of individual consultations via Staff Forum. In these circumstances individuals identified as being at risk will be informed of this in writing according to the following time scales: At least 30 days before the first dismissal if employees are to be made redundant over a period of 90 days or less At least 90 days before the first dismissal takes effect if 100 or more employees are to be made redundant over a period of 90 days or less If the Trust is proposing to dismiss as redundant 100 or more employees within a period of 90 days or less, the Trust is obliged to notify the Secretary of State in writing of its proposal at least 90 days before the first of the dismissals takes effect, and in any event before giving notice to terminate any employee's contract. Where the proposals affect between 20 and 99 employees, the statutory notice period is 30 days, however employees will be provided with a minimum of 12 weeks formal notification that they could be at risk of redundancy (this timescale will be inclusive of contractual notice period). A copy of this notice will be given to the Trade Union representatives involved in the consultation process. For organisational changes that do not require collective consultation the period of consultation will be determined on a case by case basis, the principal consideration being that the consultation period will allow enough time to ensure meaningful consultation can take place. It is anticipated that the consultation period will normally be at least 30 days in duration. 4.3 Arrangements for Consultation Each individual member of staff affected by a proposed organisational change is entitled to be fully consulted. It will be the responsibility of the relevant head of department/ senior manager, with advice from the Human Resources function, to facilitate this. Consultation will initially take the form of a meeting between the head of the department/ senior manager and the group of staff affected, followed by an individual discussion where appropriate between each affected employee and the relevant manager and if required a member of Human Resources. All staff are entitled to be accompanied at these meetings by a recognised staff representative or work colleague from within the Trust. Version 1.1 October

8 Any employee(s) who have not been able to attend the consultation meeting(s) should be kept informed and up to date as soon as is reasonably practicable. The purpose of these meetings is to enable effective consultation and to provide support and advice. The meeting will include the provision of the following information: An explanation of the change and general implications for the staff and the Trust The proposed timetable and process for handling the changes An explanation of the policy; how it will be implemented and other relevant conditions of service Advice to staff on the preparation of Personal Profile/Preference Form where appropriate Discussion relating to the individual staff member s circumstances e.g. location, career development Supporting staff and listening to staff views If the change affects more than one department, consistent information should be provided to all affected parties. All formal consultation meetings will be documented and confirmed in writing to all parties concerned by the manager. 4.4 At Risk Arrangements Staff will formally be declared at risk, and placed on an at risk register when: The proposed organisational change identifies that their post is no longer required within the organisation There is a reduction in the number of posts such that they might be unsuccessful in gaining a post following a competitive selection process Those employees affected will be formally notified in writing by the appropriate line manager that they are at risk and will be informed of the measures that will be taken to help them to seek suitable alternative employment. Being placed at risk does not mean that an individual will automatically be made redundant. It does mean that the individual will have access to the Trust Ringfenced vacancies of the NHS E-recruitment site, as well as the range of support measures the Trust will provide. The line manager must ensure that Human Resources are notified of any staff at risk, so that a register is maintained to support the identification of redeployment opportunities. Individuals at risk are expected to undertake appropriate work offered to them during the period of time they are at risk. The Human Resources department will be proactive in helping to identify suitable alternative roles and they will work with managers to accommodate internal staff at risk before any external recruitment takes place. Version 1.1 October

9 4.5 Measures for Maximising Employment Security Once preliminary discussions and/or consultations have taken place and in order to mitigate the effect of any such changes on staff, the following measures will be considered, as appropriate, dependent upon the particular circumstances: Employment control measures, e.g. vacancy freeze and other vacancy control processes such as the suspension of the normal recruitment process, reviewing acting up/secondment arrangements Reviewing the use of bank and agency staff Reviewing temporary/fixed term contracts (subject to the requirements of the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002) Voluntary reduction in contracted hours of work Use of flexible working options, such as job sharing agreements In the case of a vacancy freeze being put in place, when a vacancy arises the decision to recruit to the post will be assessed on its own merits. The decision to lift the vacancy freeze will be authorised by the Executive Director of Operations in consultation with the appropriate senior line manager. Any such requests that are approved will usually be made available to those staff at risk in the first instance. The vacancy control process will be used to determine which fixed term contracts may be renewed. Whilst decisions on renewal of a fixed term contract will be looked at on their own merit, it is recommended that HR advice is sought prior to a decision to terminate the contract due to the need to consider any legal considerations and potential costs of non-renewal. This list is not exhaustive and the particular circumstances of each situation will be considered, where other approaches to maintaining employment security may be considered. 4.6 Ring Fencing Arrangements Ring fencing arrangements will apply where the workforce plan has identified one or more of the following situations: The establishment of new posts arising from a changed or new service where staff are identified as being at risk The establishment of fewer posts arising from the changed or new service The integration of existing departments or structures including situations where a new organisational structure has resulted in changes to existing roles A combination of any of the above It will be necessary in the first instance to identify the parameters of the various ringfencing arrangements. Having done so, selection to the revised or new posts will take place using the following processes: Automatic slotting in Competitive Interview Expressions of interest Open competition Automatic slotting in: Where the substantive duties of the post holder are wholly or mainly the same in the new structure as they were in the old, and where there is no change in grade to the post and or no other staff in the same role are displaced, the Version 1.1 October

10 member of staff should slot in automatically without competition and without detriment to their terms and conditions. Responsibility for taking this decision will rest with the appropriate Director or equivalent, following staff side consultation. Competitive Interview Process: This will be used where the posts in the revised or new service are similar to existing posts and/or where there are fewer available posts than staff potentially at risk. The identifiable group will be ring fenced so that that only the staff potentially at risk are considered for the available posts. Expressions of interest: Where new posts are established these will be restricted in the first instance to those directly affected by the change, who have not been the subject of automatic slotting or competitive interview. New posts for this purpose include those where there has been significant change to the duties, line management responsibility, where slotting in is not appropriate. NB This may include posts where the same or similar job title still exists but the duties or sphere of responsibilities have changed. At the discretion of the Trust posts that are either one band higher or one band lower than the current post held by the individual(s) at risk may be considered for inclusion as part of the ring fence. Those affected will be asked to identify which of the posts available they would prefer to be considered for. A selection process will then take place and may include a competitive interview, tests etc. in line with the recruitment process. The approach will depend on the numbers involved Open Competition: Posts in the revised or new structure which are not filled through ring fencing arrangements will be recruited to by open competition, according to the Trust s normal recruitment process. 4.7 Redeployment Where there are displaced staff arising from the ring fencing appointments process, the staff affected should be seen again by their manager and/or a member of Human Resources and where requested a staff representative or colleague. The meeting will provide an opportunity to agree the interim employment arrangements, review the staff profile and in particular the individuals preferences with regard to redeployment opportunities. Consideration will be given to relevant training in support of seeking suitable alternative employment. This will be identified as part of individual consultation meetings and will reflect the needs of the service as well as individual needs and preferences. The aim will be to reach agreement in each case about whether a post represents suitable alternative employment. Employees who unreasonably refuse to apply for or accept an offer of suitable alternative employment will not be entitled to any redundancy payment. Reasonableness concerns whether individuals, taking into account personal circumstances, were being reasonable in refusing the offer. For a member of staff to be matched to a post it must be considered to be a suitable alternative to an individual s substantive post. For a post to be considered as a suitable alternative, it should: provide similar earnings (pay protection may need to apply) have similar status be within the member of staff's capability Version 1.1 October

11 be within a suitable geographical location posts that are either one band higher or one band lower than the current post held by the individual(s) at risk may be considered Some flexibility and reasonable consideration of posts, by members of staff and managers, is expected. Staff may wish to seek advice from their Trade Union representative on what constitutes suitable alternative employment. Once an individual has been placed into a suitable alternative post they will be regarded as having been permanently placed into a new role and will therefore be no longer regarded as at risk and are therefore excluded from further consideration for posts that are restricted for filling by those designated as at risk. For full details of the procedure that will be followed please refer to Appendix Trial Periods In accordance with employment legislation a four-week trial period will be offered to any employee at risk of redundancy who is offered a new job with different terms and conditions. The purpose of the trial period will be for the employee and the line manager to assess the suitability of the post. The details of the trial period should be confirmed in writing. In certain circumstances an extension to the trial period may be agreed, for example if further training is required. Any extension should be confirmed in writing. If an employee considers that the post is not suitable the reasons for this must be identified in writing. Employees who unreasonably refuse to accept an offer of suitable alternative employment will not be entitled to any redundancy payment. During the trial period regular reviews should be held between the employee and the new line manager to assess how things are going. In addition, a final review of the trial period will be carried out by the new line manager, in conjunction with the employee and a decision will be made as to whether the job is suitable. The employee s redundancy entitlements will remain until the final review meeting has taken place. The member of staff will retain all entitlements, including redundancy, under their old substantive contract until permanently redeployed into the new job. 4.9 Protection of Pay Protection arrangements will apply to all employees who, as a consequence of organisational change are required to move to a post at a lower basic salary or basic hourly rate of pay, or required to reduce their contracted working hours, change their working pattern, or other change which results in a loss of earnings, subject to meeting the conditions outlined in Appendix 2. Protection will only be granted on appointment to lower graded posts if the post is deemed by the Trust to be suitable alternative employment and the individual s concerned would otherwise be at risk of redundancy. Version 1.1 October

12 Staff who are redeployed to a suitable alternative post that involves a change in work location may be eligible for reimbursement of excess travel costs with effect from the date that the redeployment takes effect for a period of no more than one year. For details of the eligibility criteria refer to Expenses (Travel and Subsistence Policy) Redundancy Voluntary Redundancy In the first instance requests for expressions of interest in voluntary redundancy may, after consultation with the Trade Union representatives, be sought from either the staff affected or a wider group, if on a large scale, with a view to creating vacancies to facilitate staff transfers. In these circumstances applications will be carefully considered but acceptance in each case is not automatic, as priority will be given to maintaining the balance of skills and experience needed for the efficient and effective provision of future service needs. The final decision therefore rests with the Trust. The Payroll department can provide an estimate of redundancy payments to staff who wish to consider voluntary redundancy. The request for such information does not imply a decision to apply for voluntary redundancy on the part of the employee and any estimate will be given without prejudice. Applications for voluntary redundancy should be in writing and received within the timescales set. Each application will be considered on an individual basis. Employees will be informed in writing whether their request for voluntary redundancy has been approved Compulsory Redundancy Where there are still staff at risk following exploration of redeployment and/or voluntary redundancy or if the scale of the organisational change means that such measures will not be sufficient to achieve the required service changes, redundancy will be implemented. Selection criteria for redundancy, where required, will be discussed as part of the joint consultation process with recognised trade union/staff representatives. Selection criteria will comply with relevant employment legislation and will be based upon objective and non-discriminatory factors. Selection criteria will include consideration of: Experience, knowledge and skills Standard of work performance Aptitude for work Qualifications Disciplinary record Attendance/absence Prior to agreeing selection criteria an Equality Impact Assessment should be conducted. Version 1.1 October

13 Written notice of the redundancy termination must be given to the employee as soon as possible and no later than the required statutory or contractual notice periods, whichever is the longer. However this should not precede the conclusion of the consultation period. Contractual notice will be as per the individual Contract of Employment and/or relevant terms and conditions of service. Written notice of the redundancy termination will include the following: The reason for redundancy Notice entitlements Any redundancy pay entitlements Right of appeal Identification of suitable alternative employment options will continue during the notice period, as required. Details of all redundancies must be provided to the Trust s Remuneration Committee for authorisation and assurance purposes. The manager and Human Resources representative responsible for managing the organisational change process must complete a redundancy summary report (see Appendix 3) to be submitted to Remuneration Committee. This report must include details of the reason for the organisational change, the redeployment options that have been explored, including any suitable alternative posts that have been offered to the employee, and why they have not been successful in securing a suitable alternative post Redundancy Payments Redundancy payments will be made in accordance with Section 16 of the Agenda for Change Terms and Conditions Handbook, which are continually being updated and so advice should be sought from the Human Resources department. Members of staff otherwise eligible shall not be entitled to redundancy payments under these arrangements if they: Are dismissed for reasons of misconduct, with or without notice as per the Trust s Disciplinary Policy At the date of termination of the contract have obtained without break or with a break not exceeding 4 weeks, suitable alternative employment with the same or other NHS Employer Unreasonably refuse to accept or apply for suitable alternative employment with the same or other NHS employer Leave their employment before the expiry of their notice period, except in cases involving an agreed early release date Are offered a renewal of contract (with the substitution of the new employer for the previous one) where the employment is transferred to another public service employer who is not an NHS employer Reckonable service is not counted when: Service is counted previously in respect of a redundancy by an NHS employer Any previous employment for which an employee has received NHS pension benefits Loss of office payment Version 1.1 October

14 MARS severance payment (which is offset against any subsequent redundancy payment) 4.11 Support and Assistance Offered to Employees Affected by Change The Trust recognises the need and importance of providing support to staff affected by change throughout the process. Therefore employees who are directly affected by change and/or formally at risk of redundancy will be offered support, identified as part of the individual consultation process. This may include any of the following, or other support agreed as appropriate: Support to assist with identifying and applying for suitable alternative employment e.g. access to restricted areas of NHS Jobs, career review, help with CV s/application forms and interview skills Those individuals formally at risk of redundancy have a statutory entitlement to be given reasonable time-off with pay, by agreement with the line manager, to support the job search/re-training Early release (e.g. before the effective date of redundancy termination). The revised date would then be used for the calculation of any redundancy payment Supporting staff i.e. training where appropriate e.g. provision of resilience training, coping with change, team building days (reflective practice / team dynamics), career development and interview skills In addition, the Staff Support Service, Occupational Health Department, the Chaplaincy Team and Staff Side organisations will be available to provide specific support to staff affected by organisational change Right of Appeal Appeals against Redeployment To be addressed in line with stage 2 of the Grievance Policy Appeals against Dismissal For appeals against dismissal on the grounds of redundancy the individual should write, setting out their intention to appeal to the Executive Director of Operations within 10 working days of the meeting at which the decision to dismiss was communicated. The appeal would be heard by a panel made up of three Trust Directors, to consist of at least one Executive Director and one Non-Executive Director. A senior member of the Human Resources team may also be present to support the panel if necessary. The decision of an appeal hearing will be final. Under normal circumstances an appeal shall be heard no later than 30 working days (based on Monday to Friday, not including weekends or bank holidays) after receipt of the notification of appeal. There will be one level of internal appeal only. 5.0 Procedures connected to this Policy There are no Standard Operating Procedures connected to this policy. Version 1.1 October

15 6.0 Links to Relevant Legislation Trade Union and Labour Relations (Consolidation) Act 1992 A UK Act of Parliament which regulates British labour law. The Act's effect is to define trade unions and state they are the subjects of legal rights and duties protect the right of workers to organise into, or leave, a union without suffering discrimination or detriment provide a framework for a union to engage in collective bargaining for better workplace or business standards with employers protect the right of workers in a union to take action, including strike action and industrial action short of a strike, to support and defend their interests, when reasonable notice is given, and when that action is "in contemplation or furtherance of a trade dispute" Collective Redundancies and Transfer of Undertakings (Protection of Employment) Regulations 1995 The Regulations require the employer to consult either elected representatives of the employees or representatives of a recognised trade union where there are to be redundancies or a transfer of an undertaking. They also limit the requirement to consult about redundancies to cases where at least 20 redundancies are proposed. The Regulations also provide protection for elected representatives against dismissal and against being subjected to any other detriment and confer on them a right to time off with pay to carry out their functions. Trade union representatives already have such protection, and such a right, under the Trade Union and Labour Relations (Consolidation) Act Employment Right Act 1996 Employment Rights Act 1996 came into force on 22 August It sets out the statutory employment rights of workers and employees. If these employment rights are breached, the Employment Rights Act 1996 gives the Employment Tribunals powers to order compensation to workers and employees. Collective Redundancies and the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 The Regulations amend the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 relating to information and consultation on redundancies and the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 1981 relating to information and consultation. In relation to redundancies, they provide that representatives of employees who may be affected by the dismissals or by measures taken in connection with the dismissals must be consulted. For both redundancies and transfers they provide that employers must consult representatives of recognised trade unions but, if no trade union is recognised, then employers must consult either existing employee representatives or specially elected employee representatives. If elections are held for employee representatives they must be held in accordance with these Regulations. If employees fail to elect representatives after being invited to do so, the employer must give the employees concerned the information he would have had to give to their representatives. The maximum compensation which can be awarded in the event of an employer s failure to consult has been increased in some cases so that in all cases involving redundancies it is 90 days' pay and in cases involving transfers it is 13 weeks' pay. Version 1.1 October

16 Collective Redundancies (Amendment) Regulations 2006 The Regulations amend section 193 of the Trade Union and Labour Relations (Consolidation) Act 1992 to provide that, in addition to the existing requirements of that section, an employer proposing collective redundancies must notify the Secretary of State of his proposal before he gives notice to an employee to terminate an employee's contract of employment in respect of any of those dismissals. Agency Workers Regulations 2010 This Directive establishes a general framework for protection of temporary agency workers. The Regulations provide certain rights for temporary agency workers including in relation to basic working and employment conditions. Other links to legislation include: Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 which comes into force on 6 April 2013 The Information and Consultation of Employees Regulations 2004 (SI 2004/3426) The Employment Equality (Age) Regulations 2006 (SI 2006/1031) The employee shareholder status provisions under the Growth and Infrastructure Act Links to Relevant National Standards NHS Injury Allowance 2013 The NHS Injury Allowance provides support for staff who sustain an injury, disease or other health condition which is attributable to their employment. 6.2 Links to other Key Policies Grievance and Disputes Policy This policy aims to encourage full and open communication between managers and employees with the aim of resolving any concerns quickly and as near to the source as possible. This policy has been developed to give guidance on the procedure to be adopted where early action to resolve an issue has failed and a grievance has developed. Flexible Working Policy This policy has been developed to provide an operational framework through which managers will respond to requests from employees seeking to change their working arrangements. All reasonable efforts should be made to facilitate and accommodate flexible working requests where such arrangements are practicable and workable. Recruitment and Selection Policy The purpose of this policy is to provide a framework for the recruitment, selection and appointment of staff to be conducted in a manner that is effective, systematic, comprehensive and fair, promoting equality of opportunity at all times, whilst being flexible and adaptable to meet the needs of the service. Version 1.1 October

17 Stress Management Policy The aim of this policy is to reduce the potential health risks to staff through the effective management of work-related stress. 6.3 References ACAS (2014) How to Manage Change. Version 1.1 October

18 7.0 Roles and Responsibilities for this Policy Title Role Key Responsibilities Employees Adherence - Adhere to this policy and procedure - Engage in meaningful consultation about the nature and impact of organisational change - Show some flexibility and reasonable consideration of alternative posts, where appropriate Recognised Trade Union Representatives Managers Operational Implementation - Engage in meaningful consultation with management regarding organisational change proposals - work in partnership with management to resolve any issues - support their members throughout the consultation process - Develop effective workforce plans in accordance with service requirements - Identify the business case for change and prepare a consultation document explaining the rationale and the detail of the proposed changes, the process that will be followed and timescales - Ensure the proposals for change are made known to all affected staff, together with recognised Trade Unions, professional organisations and other relevant staff bodies at the earliest opportunity - Ensure that staff engagement and meaningful consultation takes place in accordance with this policy, ensuring that the scope for staff concern and anxiety is minimised - Ensure all formal consultation meetings are documented and confirmed in writing to all parties - Implement changes, once the consultation process has concluded - Ensure that the activities defined within this policy are followed - Ensure there is no discrimination or bias in implementing organisational change - Work in partnership with Trade Union representatives to resolve issues relating to organisational change Human Resources Department Specialist Advice - Support the development of effective workforce plans to enable, where practical, effective advance planning of future service changes and associated staffing implications - Provide appropriate support and guidance to line managers when planning and managing service developments that will result in organisational change - Monitor and review organisational change outcomes to ensure that there is no discrimination or bias - Support staff through the organisational change process, for example by providing access to online job opportunities Workforce Committee Directors Responsible - Agree revisions to the Trust approach to the Organisational Change process - Develop and agree action plans to address any issues or areas of concern identified in the Organisational Change process - Ensure that the policy requirements are observed within their area of responsibility - Ensure that line managers receive any training deemed necessary to discharge their responsibilities under this policy appropriately - Ensure that the appropriate level of consultation and staff engagement takes place at the appropriate time - Support the creation of effective workforce plans in accordance with service requirements Version 1.1 October

19 Title Role Key Responsibilities Director of Operations Executive Lead Management of Organisational Change Policy Responsibility for this policy has been delegated by the Chief Executive to the Director of Operations who will: - Ensure that effective procedures, systems and guidance are implemented for the Organisational Change Process - Ensure that the policy is implemented appropriately and that outcomes are monitored to ensure there is no bias in accordance with the Trusts Equal Opportunities Policy - Ensure that the policy is revised as a result in changes to the Law or in the light of experience when applying the policy - Ensure the policy is implemented in accordance with the Trust Board s strategic interests and concerns - Ensure that any serious concerns regarding the implementation of this policy are bought to the attention of the board Trust Board Chief Executive Scrutiny, direction and performance Accountable - Strategic overview and final responsibility for setting the direction of the Organisational Change process - Overall responsibility for ensuring that this policy is implemented within the Trust. Operational responsibility has been delegated 8.0 Training What aspect(s) of this policy will require staff training? There is no specific requirement for staff to receive training in relation to this policy Which staff groups require this training? n/a Is this training covered in the Trust s Mandatory and Risk Management Training Needs Analysis document? No, staff will receive specific training in relation to this policy where it is identified in their individual training needs analysis as part of their development for their particular role and responsibilities If no, how will the training be delivered? Further guidance on the application of this policy and associated procedures can be obtained from Human Resources Operational HR Who will deliver the training? How often will staff require training n/a n/a n/a Who will ensure and monitor that staff have this training? 9.0 Equality Impact Assessment Black Country Partnership NHS Foundation Trust is committed to ensuring that the way we provide services and the way we recruit and treat staff reflects individual needs, promotes equality and does not discriminate unfairly against any particular individual or group. The Equality Impact Assessment for this policy has been completed and is readily available on the Intranet. If you require this in a different format e.g. larger print, Braille, different languages or audio tape, please contact the Equality & Diversity Team on Ext or EqualityImpact.assessment@bcpft.nhs.uk Version 1.1 October

20 10.0 Data Protection and Freedom of Information This statement reflects legal requirements incorporated within the Data Protection Act and Freedom of Information Act that apply to staff who work within the public sector. All staff have a responsibility to ensure that they do not disclose information about the Trust s activities in respect of service users in its care to unauthorised individuals. This responsibility applies whether you are currently employed or after your employment ends and in certain aspects of your personal life e.g. use of social networking sites etc. The Trust seeks to ensure a high level of transparency in all its business activities but reserves the right not to disclose information where relevant legislation applies Monitoring this Policy is Working in Practice What key elements will be monitored? (measurable policy objectives) Where described in policy? How will they be monitored? (method + sample size) Who will undertake this monitoring? How Frequently? Group/Committee that will receive and review results Group/Committee to ensure actions are completed Evidence this has happened There is a 12 week KPI for the completion of an Organisational Change process 4.2 Impact on staff 7.0 Redundancy 4.10 On the HR Organisational Change Casework Database. Detailed in monthly performance reports On the HR Organisational Change Casework Database. Detailed in monthly performance reports On the HR Organisational Change Casework Database. Detailed in monthly performance reports HR Business Partners HR Business Partners HR Business Partners Monthly Monthly Monthly Reported to the Divisional Performance Groups Reported to the Divisional Performance Groups Reported to the Divisional Performance Groups Divisional Performance Group Divisional Performance Group Divisional Performance Group Minutes of meeting Minutes of meeting Minutes of meeting Version 1.1 October

21 Appendix 1 Guidance Notes for Dealing with Staff who are Declared At Risk as a Result of Organisational Change The general philosophy and policy of the trust will always be to seek alternative employment for individuals declared at risk and to avoid redundancy situations wherever possible. Resolution will be sought within a 12 week timescale. These arrangements will be implemented working in partnership with Trade Union representatives and ensuring individuals are informed and updated as appropriate: 1. During a period of organisational change a member of staff who is declared at risk will be seen as soon as possible by his /her Manager and the lead Human Resource representative. The member of staff may be accompanied by a Trade Union representative or a colleague employed by the Trust. 2. The purpose of the meeting will be to formally declare the member of staff at risk. The meeting will also provide an opportunity for all parties to discuss interim employment options available and review the individual s preferences with regard to redeployment opportunities. The lead Human Resource representative will review and record all details regarding job preferences, which will assist the individual with their search for redeployment. 3. The relevant Line Manager, supported by a Human Resources representative has responsibility for ensuring the individual has access to all Trust Ringfenced vacancies. The individual is to take personal responsibility in identifying suitable redeployment opportunities in line with their preferences notify the lead Human Resource Manager within reasonable timescales as agreed. 4. At risk staff may be offered suitable alternative employment, which may mean: taking a new role a variation in role or responsibilities changing working team or location changing hours or work patterns undertaking training 5. The at risk member of staff will be considered for posts classed as suitable alternatives in advance of internal or external competition. Staff who meet the essential criteria in the person specification for posts will be guaranteed a redeployment interview. 6. When a suitable vacant post is identified the lead Human Resource representative will contact the manager responsible for the vacancy and arrange redeployment interview as speedily as possible and within 10 working days. Present at the redeployment interview will be the manager of the vacancy and a Human Resource representative. The purpose of the redeployment interview will be to discuss the requirements of the post in detail, assess the employee s suitability and to allow the manager and member of staff to check or clarify any outstanding issues or queries regarding the vacant post. Version 1.1 October

22 7. If suitable, the member of staff will be offered a trial period of no less than 4 weeks in order to provide a settling in period during which time the employee and the Manager will assess the suitability of the post. A trial period may be extended with agreement. Any extension agreement should be confirmed in writing and should specify the end of the trial period. 8. During the trial period the appropriate Manager must meet with the individual member of staff weekly to review the trial period and to ensure that queries or issues are clarified. On completion of the 4-week trial the appropriate Manager and Human Resource Manager must meet with the member of staff to review and assess the suitability of the post. The criteria for appointment will be that the individual is capable of performing the new job satisfactorily. (Appropriate training will be provided). If the post is considered suitable then the new manager will confirm all the relevant contractual details. 9. The manager will inform Human Resources that the at risk member of staff has been placed in a suitable post and the employee s name will be removed from the at risk register. 10. If either the Manager or member of staff feels the post is not suitable then the reasons must be fully explored and recorded with relevant feedback. The employee s manager and lead Human Resource Manager will resume responsibility for managing the process. 11. At Risk staff will be provided with ongoing support until an appropriate post is found or alternative arrangements made within 12 weeks. The issues must be handled fairly and consistently. At Risk staff will be expected to take a positive approach to applying for posts identified as suitable. Every practical opportunity will be taken to mitigate against redundancy. 12. Where a member of staff identified as at risk expresses an interest in a post that is either not classed as a suitable alternative or for which they do not meet the essential criteria they will still be eligible for prior consideration. This will be agreed by the Group Director/Manager in conjunction with Human Resources and if eligible the member of staff will be subject to an assessment interview. 13. Throughout the process it is important that regular reviews are maintained between the appropriate Managers, Human Resource representative and the at risk members of staff to ensure that the process is handled smoothly and efficiently at all times. Once a member of staff has been notified that he/she is formally at risk it is expected that a suitable post will have been identified and the person commenced in a trial period within a 12- week time frame of the date of being formally declared at risk. 14. Should a suitable alternative post not have been found within 12 weeks, a further extension may be agreed by the Executive Director of Operations. Any agreed extensions should not exceed a further 6 weeks at which point formal notice to terminate employment will be considered. 15. The following arrangements are in place to assist with identifying suitable posts for at risk employees: Version 1.1 October