Derbyshire Constabulary REDEPLOYMENT PROCEDURE FOR POLICE STAFF POLICY REFERENCE 10/281. This procedure is suitable for Public Disclosure

Transcription

1 Derbyshire Constabulary REDEPLOYMENT PROCEDURE FOR POLICE STAFF POLICY REFERENCE 10/281 This procedure is suitable for Public Disclosure Owner of Doc: Head of Department, Human Resources Date Approved: February 2010 Review Date: July

2 INDEX Heading Page No. 1 Procedure Identification Page. 3 2 Legislative Compliance. 4 3 Introduction Procedures Eligibility Criteria 4.2 Procedure for Redeployment 4.3 Redeployment Register 4.4 Selection for Posts 4.5 Trial Periods 4.6 Further considerations 4.7 Administration 5 Monitoring and Review. 7 6 Appeals 8 2

3 1. Procedure Identification Page Procedure title: Redeployment Procedure for Police Staff Registry Reference number: 10/281 Procedure implementation date: 1 st February 2010 Procedure review date: July 2018 Department / Division responsible: Procedure owner: Human Resources Head of Department Last reviewed by: Gemma Johnson Date last reviewed: July 2017 Impacts on other policies / guidance / documents (list): Attendance Management Restructuring, Redeployment and Redundancy Policy and Guidance Job Evaluation Disclosable under FOI Act: YES Procedure to be published on Intranet YES Procedure to be published on Force Website YES 3

4 2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. 3. Introduction The organisation is committed to protecting the security of employment for staff as far as is possible. It is essential to have a clearly understood and practical redeployment procedure which enables staff to be redeployed to suitable posts where possible. It is important that the sensitive nature of the process is taken into consideration and that the organisation will continue to ensure a positive approach to the support offered during this difficult time. 4. Procedures 4.1 Eligibility Criteria All staff that are at risk of losing their post should be placed on the Redeployment Register at the earliest opportunity in the following priority:- Category One The Occupational Health Unit recommends that the employee is permanently unfit to carry out their substantive role and is covered by the Equality Act. Salary protection arrangements will not normally apply. Staff who are currently on maternity leave and who are at risk redundancy. Salary protection arrangements would normally apply. Category Two A post is affected by organisational change or the end of a Fixed Term contract of over 12 months, when the role being performed is no longer required or where funding has ceased (if over 12 months service). If necessary, salary protection arrangements will apply. The Occupational Health Unit recommends that the employee is medically unfit to carry out their substantive role and where the employee is not covered by the Equality Act. Salary protection arrangements will not normally apply. 4

5 Category Three Where the role has been downgraded as a result of job evaluation, where salary protection arrangements will apply OR for some other substantial reason where salary protection will not apply. Category Four Staff put at risk by the lead Force who have transferred under TUPE from Derbyshire will also be given access to vacancies in Derbyshire during their redeployment/notice period. (referred to as the Reachback Agreement ). This arrangement will only apply up to 12 months after the TUPE transfer has occurred. Such staff will be considered for vacancies by Derbyshire after staff on the Redeployment Register have been considered, but before vacancies are available to all staff (accepting that there may be roles advertised that require very specialist skills). 4.2 Procedure for Redeployment Redeployment will continue to take place whilst an employee is absent due to sick leave or maternity leave. Category One Redeployment A reasonable adjustment may not be possible in the current role in the case of a serious illness or injury, or where the impact of a member of staff s disability is so substantial that no further reasonable adjustments can be made to the current role. In such circumstances consideration must be given to redeploying the member of staff to another, more suitable post. The process for identifying and implementing reasonable adjustments is covered in the Force Disability Employment Provisions Redeployment Guidance for Line Managers and Staff. The decision to redeploy a member of staff will be made at a meeting between a representative from HR, the person s line manager and a representative from the Occupational Health Unit. A recommendation to consider redeployment on medical grounds and/or disability grounds may also be made within the following: - Attendance Management Procedure Unsatisfactory Attendance Procedure Category Two and Three Re-deployment The decision as to whether a member of staff will be placed on the Redeployment Register will be made by the HR department. The case will continue to be managed by the HR department of the formation from where the post holder was based prior to being placed on the register. This will remain the case where a trial period is undertaken. 5

6 Fixed Term Workers will remain on the Register until the end of their contract date, unless they secure alternative employment. 4.3 Redeployment Register The central Redeployment Register will be maintained by the Shared HR Service Centre and will be monitored by the HR department. A central record will be held of who is on the register and vacancies that have arisen. The Shared HR Service Centre will administer the redeployment process and maintain the appropriate records. Prior to being placed on the register, the member of staff will be seen by a representative fromhr and notified formally that their name has been added to the redeployment register. The HR department will take a pro-active role in assisting with re-deployment by: - Regular liaison with the Shared HR Service Centre to determine suitable vacancies; Maintain regular contact with staff to provide support and guidance; Hold regular review meetings; The HR department will have access to the Redeployment Register in order to be able to monitor the above. The Shared HR Service Centre will be responsible for ing staff on the Redeployment Register once job vacancies have been released by the Vacancy Control Panel. Staff will be considered for vacancies on the same grade or lower. In exceptional circumstances (e.g. where covered by the Equality Act) staff may be considered for vacancies at a higher grade. The HR department will advise. If a member of staff leaves the organisation but is still going through the recruitment process they can remain within this process, even if there is a break in service. However there will be a requirement to pay back the redundancy payment. 4.4 Selection for Posts Once the Form 42 is received, the post will be advertised in line with the Redeployment categories on the Redeployment Register. Staff on the Redeployment Register will be offered the opportunity to apply for roles, on the same grade or less prior to them being advertised. The HR department will be advised following the Vacancy Control Panel s decision. The HR department will consider any support required to assist staff with the selection process. Members of staff who may be going on periods of annual leave would be advised to provide a home address in order to be updated with any new additions to the redeployment register. All vacancies will be considered by the Vacancy Control Panel prior to advertising. 6

7 If a member of staff is suitable at interview, then they should be offered the post subject to satisfactory references and vetting (where this is applicable). The line manager should inform the HR department, in writing, of the reasons for any decision not to appoint to enable feedback to the member of staff for future applications. Full-time staff who are redeployed into a part-time role will be taken off the Redeployment Register as they will be deemed to have accepted the part-time role as a reasonable alternative. Staff offered a fixed term contract will not lose their permanent status and will be placed on the Redeployment Register again 3 months from the end of the contract. A member of staff will be held on the Redeployment Register in line with the relevant policy. Staff who are redeployed to a lower graded role will remain on the Register for the period of the protection arrangements at Category Three. If, after the redeployment period; No suitable redeployment opportunities have been identified; The employee has failed to complete any work trials successfully; The employee has failed to accept any roles or work trials as suitable. It will be necessary to serve contractual notice, however, efforts for redeployment will continue during the notice period. 4.5 Trial Periods Employees who are offered alternative employment have the right to a four week trial period in the new position to assess whether the new role is acceptable to both the employee and the organisation (see Reorganisation, Redundancy and Redeployment Policy). If the role is suitable, staff will be formally notified of one months notice to be appointed into the new role. This is important where staff may be losing shift allowances etc. 4.6 Further considerations (i) Relating to redeployment for disability or medical reasons Staff subject to redeployment for medical or disability reasons will be given prior consideration for any suitable post over other redeployments. Advice/recommendations from the Force Medical Advisor will be sought before any suitable alternative offer is made. Case law has held that, in line with the Equality Act, it may be reasonable to waive the need for a competencies of the role they may be offered the role, even where there is more than one suitable applicant. Where more than one member of staff subject to medical/disability redeployment as above and all meet the core competencies then they will be required to take part in a competitive interview. 7

8 Case law has also held that if an individual is unable to undertake their role because of a disability, they may be considered for redeployment opportunities of a higher grade in addition to those of equal or lower grade. This would only apply if no suitable role could be found in the current grade. (Case law Archibald and Fife will apply). 4.7 Administration A written record of all stages of this procedure, including formal meetings, must be maintained. These should include: - Record of redeployment and case conference meetings; Occupational Health, Health and Safety and FMA advice/reports; Risk Assessments; Vacancies offered and reasons why rejected/not suitable; Details of financial and other costs of reasonable adjustments considered; Any decisions/actions taken and the reasons; Personal information to allow compliance with any Equality Schemes and other organisational and legislative requirements. Records will be treated as confidential and kept in accordance with Data Protection requirements. 5. Monitoring and Review The operations of this procedure will be monitored on an ongoing basis by the Head of HR through analysis of vacancies and redeployment opportunities and through any appropriate forums e.g. Staff Engagement, People and Culture Group. 6. Appeals Process Redeployment Procedure Any appeal in respect of any stages of this procedure should be sent to Head of HR within 7 days. Recruitment and Selection Process Any applicant who considers that the policy in respect of recruitment and selection has not been applied correctly or that the recruitment process has not been conducted fairly may appeal in the first instance in writing to the Recruitment Team Leader (Shared HR Service Centre) to review. (Please see the Recruitment and Selection Policy Appeals Section for more information). 8