Redeployment Police Staff (Policy & Procedure)

Transcription

1 1 Redeployment Police Staff (Policy & Procedure) Publication Scheme Y/N Department of Origin Policy Holder Author Related Documents Can be published on Force Website HR Operations Head of HR Operations ER Support - Policy Authorised Professional Practice: Decision Making Equality Act 2010 Flexible Retirement Policy HR Change Management Framework Internal Force Information and Consultation Guide Redundancy Policy Date First Approved at BMG May 2005 This Version Version 1.3 Created 04/09/2012 Date of Next Review 09/12/2013 September 2012

2 Redeployment Policy HR Operations Policy Statement The Redeployment Policy outlines the procedure to be followed where members of Police Staff require redeployment either on a temporary or permanent basis. Aims It is the aim of Merseyside Police, as far as possible, to retain the services of its Police Staff, minimising the impact on an individual s terms and conditions of employment in circumstances where redeployment has become necessary. The Force wishes to avoid compulsory redundancies wherever possible, but cannot give guarantees, and will attempt to achieve this by considering other measures such as natural wastage, redeployment, voluntary early retirement and voluntary redundancy. Measures will be introduced to inform and advise employees whose continued employment is at risk. Flexibility and co-operation of staff on alternative/comparable roles and locations is critical to achieving a successful outcome. Objectives To provide Managers with a facility to ensure that matters relating to all redeployment issues are dealt with fairly and consistently. To minimise the need for compulsory redundancy To provide a supportive mechanism to retain the services of Police Staff. Application and Scope All police officers and police staff, including the extended police family and those working voluntarily or under contract to Merseyside Police must be aware of, and are required to comply with, all relevant policy and associated procedures. The policy applies to all Police Staff who are permanently and directly employed by Merseyside Police Authority, except Directors of equivalent status to Assistant Chief Constable. The policy and associated procedures have been written in accordance with ACAS guidance, and comply with the Human Rights Act and the Race Relations Act 2000, the Disability Discrimination Act 1995 and the Equality Act Status: V1.3 1 Last Update: 04/09/2012

3 Redeployment Policy HR Operations Outcome Evaluation HR Resourcing will maintain an accurate and current list of all Police Staff members who are subject to redeployment. Regular monitoring and reporting will be undertaken to establish: The number of Police Staff awaiting redeployment. The reason for redeployment. Timescales for redeployment. Equality of opportunities. Regular reporting will be presented to the Force Resource Panel. Status: V1.3 2 Last Update: 04/09/2012

4 Redeployment Policy HR Operations Contents SECTION 1 Consideration for redeployment SECTION 2 Redeployment process SECTION 3 Filling vacant posts SECTION 4 Terms and Conditions of employment SECTION 5 Protection of earnings SECTION 6 Secondary redeployment SECTION 7 Transition SECTION 8 Training SECTION 9 Relocation Status: V1.3 3 Last Update: 04/09/2012

5 Redeployment Policy HR Operations Procedure 1. Consideration for Redeployment The Workforce Management will maintain a list of staff that require redeployment irrespective of the reasons. The categories in which staff would be eligible for redeployment are as follows: - Police Staff affected by organisational change. Police Staff requiring temporary redeployment on medical grounds. Police Staff requiring permanent redeployment on medical grounds. Police Staff requiring redeployment following disciplinary action. Police Staff requiring redeployment on capability grounds (other than medical). Police Staff requiring redeployment on welfare / domestic grounds. 1.1 Organisational Change Consultation The Force undertakes to inform and consult the appropriate trades union(s) and staff about any proposed reorganisation at the earliest practicable stage, and would seek their early co-operation to avoid or minimise the requirement for redundancy. The fullest information practicable should be provided of proposals in their formative stages, and the co-operation of the trades union(s) will be sought before any final decisions are taken The trades unions have undertaken to respond promptly to any information sent to them in order that the Force can resolve problems effectively and speedily. Any member of staff no longer required in their present post will be consulted as to their future employment and all reasonable efforts will be made to provide an opportunity for consultation, redeployment and appropriate re-training The procedure to be adopted for consultation on any organisational changes, which involve the relocation or redeployment of staff, will be as follows: Any proposed change will usually arise from a review of existing practices and will result in proposals for change. This review process must have an appointed Project/Programme Manager to lead the project. The Project/Programme Manager willl ensure that they adhere to the Force Internal Information and Consultation Guide when engaging with affected personnel. Prior to the start of any consultation the HR Business Team must be made aware of the proposal in order to assess the potential impact on affected personnel. Filling of posts procedure Where an organisational unit is to undergo change to its staffing structure consideration where appropriate will be given to agreeing a 'ring-fence' around posts within the new structure. This will be the subject of consultation with the relevant trades union(s). Status: V1.3 4 Last Update: 04/09/2012

6 Redeployment Policy HR Operations Following consultation and, where practicable, agreement management will determine which of the following methods of filling posts will be adopted for a particular post. (a) Where posts in the revised structure are identified as being basically the same as in the former structure, the occupants of those posts will be appointed to the new posts. Any such employees will be entitled to apply for other vacant posts in accordance with existing selection procedures. Where the number of such employees is equal to or greater than the number of posts available, applications for these posts will be restricted to such employees in the first instance. (b) Where there are less posts in a revised structure which represents the same work as that carried out under the former structure but with the mix of duties of the individual posts changed, the new posts will be advertised initially to those staff employed in the unit being reorganised. If no suitable candidate is available the post will be filled by the normal selection procedures. (c) Where a 'ring-fence' is not agreed and for posts arising other than from reorganisations (e.g. new posts or those vacated by natural wastage), priority in filling posts will be given to employees requiring redeployment (including those requiring redeployment for reasons other than organisational change, but excluding those seeking voluntary transfers). Appointment of a displaced employee will be subject to the employee being considered able to satisfactorily perform the duties of the post or it being reasonably practicable to train the employee to perform those duties. (d) Employees who are displaced by organisational change will be considered for other vacancies at the same grade in the first instance. Where it is not practicable to redeploy a displaced employee to a post at the same grade redeployment to a post at a lower grade, will be considered. Employees requiring redeployment will be offered priority for vacant posts. However, in most cases they will be subject to the normal selection procedures. Other measures to assess suitability may also be required e.g. specific occupational tests. (e) Offers of redeployment will take cognizance of the information provided by the individual during the redeployment interview. Where an employee does not consider a particular offer to be a suitable alternative, this will be the subject of further consultation using the normal machinery of employee relations. The matter will be referred to the Head of HR Services for a decision. This decision may incorporate such options as directing the individual into the job offered, if provided for by the contract. If agreement cannot be reached the matter may be escalated the ACC People Development for consideration of giving notice of the termination of their employment on the grounds of redundancy. (f) Merseyside Police reserve the right to issue notice of redundancy at any stage within the redeployment process dependant upon the individual circumstances of the case and of the degree of urgency required to implement reorganisation. In giving notice of termination of employment on the grounds of redundancy the force will ensure that reasonable effort is made in accordance with the terms of this policy to identify suitable alternative employment. Illustrative examples of the circumstances under which notice of redundancy may be served include, where it is identified that a skills match to an existing vacancy is unlikely to be achieved within a reasonable timescale or the extent of the reorganisation is of such magnitude that the identification of alternative employment for all affected is unlikely to be reasonably practicable. Status: V1.3 5 Last Update: 04/09/2012

7 Redeployment Policy HR Operations 1.2 Medical Redeployment (Temporary) There may be circumstances where temporary redeployment on medical grounds is required in order to facilitate an individual s rehabilitation to work following a period of sickness. The purpose is to assist a return to work following a period of sickness absence where the problem is directly related to the individuals substantive role, but the long term prognosis is unknown. It may also provide assistance in a return where the individual has difficulties in carrying out their normal duties and no long-term prognosis is known 1.3 Medical Grounds (Permanent) Where an individual can no longer undertake the full range of duties relating to their substantive post as a result of a medical condition which involves a disability as defined in accordance with the Disability Discrimination Act, (as amended by the Equality Act 2010) then the manager should consider making a reasonable adjustment Reasonable adjustments may include: - An examination of the duties of the role with a view to excluding the duties, which are no longer possible. A redistribution of such duties to colleagues A transfer to alternative duties within the existing Area or Department Medical Redeployment upon the recommendations of the Force Occupational Health Physician Variation of hours Additional training In identifying a reasonable adjustment, a work place assessment, may be agreed and carried out at the individuals request by the Access to Work Scheme. They will consider reasonable adjustments to the post and/or workstation, and work place that may be required. This will be arranged with local line management with advice and guidance from the relevant HR Business Team as required. In all such cases a risk assessment of the workplace must be undertaken When the Force Occupational Health Physician forms the view, based on their medical prognosis, that a member of staff can no longer carry out the duties of their substantive post the Physician will be asked to consider the appropriateness of medical redeployment. Should it prove impracticable to redeploy an individual to a suitable alternative post, then ill health retirement or termination of employment on the grounds of incapability, will be considered Medical redeployment will require a medical assessment report from the Force Occupational Health Unit to the member of staff s line manager, recommending redeployment on the grounds of ill health / medical problems. The medical assessment will detail the individual s capabilities, together with details of the duties and/or work environments which would be unsuitable for the employee, including details of any special or particular needs which should be met for the individual. The relevant H.R. Business Team will liaise with the Workforce Management in order to commence the redeployment process. Status: V1.3 6 Last Update: 04/09/2012

8 Redeployment Policy HR Operations Where a medical redeployment takes place and the individual concerned has a disability in accordance with DDA, (as amended by the Equality Act 2010), the individual will be strongly encouraged to seek a work-place assessment by the Access to Work Scheme. They will advise on any further or additional reasonable adjustments to the new post and / or workstation that may be required. This will be arranged with local line management with advice and guidance from the relevant HR Business Team as required. In all such cases a risk assessment of the workplace must be undertaken and recorded, this will be arranged by the Line Manager. 1.4 Discipline Where a Chief Officer in determining a disciplinary matter in accordance with the Police Staff Disciplinary Procedure makes a decision to offer redeployment to another post as an alternative to dismissal, the HR Business Partner will inform the Workforce Management. The individual s name will be entered on the redeployment register and the HR Business Partner will consider a suitable alternative post from the available vacancies in accordance with any necessary conditions set by the Chief Officer. In circumstances where a suitable alternative post is not available it will be referred back to the Chief Officer for further consideration. 1.5 Capability Where a Chief Officer in determining a capability matter in accordance with the Police Staff Capability Policy and Procedure makes a decision to offer redeployment to another post as an alternative to dismissal, the HR Business Partner will carry out a redeployment interview. Any condition(s) placed on the redeployment by the Chief Officer will be communicated to the individual and the Workforce Management will enter the member of staff s name on the redeployment register. In circumstances where a suitable alternative post is not available or proves unsuccessful at the conclusion of the action plan it will be referred back to the Chief Officer for further consideration. 1.6 Welfare / Domestic Reasons In circumstances where a member of staff can no longer remain in their substantive post as a result of significant changes to their personal circumstances, consideration will be given to affording them the opportunity for redeployment to a suitable alternative post. These matters should be raised in the first instance with the individual s Line Manager, with advice via the HR Helpdesk. However, there is no specific entitlement to such redeployment, which will be entirely at the discretion of the employer. Decisions in this respect should take account of the Home & Work Life Balance Policy. Status: V1.3 7 Last Update: 04/09/2012

9 Redeployment Policy HR Operations 2. Redeployment Process 2.1 Once the criteria for redeployment have been established arrangements will be made to carry out a redeployment interview by a member of the relevant HR Business Team. During the meeting issues will be discussed such as the process to be followed, protection of earnings and excess travel costs in accordance with the Redeployment Policy. During the meeting the member of staff will have an opportunity to ask questions and raise any concerns. Information will be gathered about the individual s expressions of interests for comparable alternative posts. This will be recorded on Form Redep1. There will be no guarantee afforded to the individual regarding choice of post and location, as it will depend on the vacant posts available at that time, their suitability and organisational need. The details of the meeting will be confirmed in writing. 2.2 The member of staff must complete a redeployment skills questionnaire Form Redep2 providing evidence of their skills and experience against the skills matrix normally used in selection processes. Information must be validated by an appropriate line manager and forwarded to the Workforce Management in order to be skill matched against vacant posts. 2.3 On completion of the redeployment interview and upon receipt of the skill questionnaire the member of staff s name and details will be entered on to the redeployment list. Individuals are responsible for ensuring any changes to the information provided to the Workforce Management are forwarded to them as soon, as is practicable. 2.4 The suitability of each post for each of those on the redeployment list will be considered. If a member of staff is deemed potentially suitable for a post they should be considered immediately. The Workforce Management will consider all redeployments in the first instance for approval at the Force Resourcing Panel. 2.5 During the period that staff are awaiting identification of a suitable alternative post or during the period of notice of redundancy, all salary and associated costs shall be met by the Area/Department from which they are displaced. 2.6 Where there are no available post(s) at the appropriate grade, the member of staff may be considered for a lower graded post with the salary protection in accordance with the Redeployment Procedure (Protection of Earnings) where appropriate. In such circumstances, the reasonableness of redeployment to a lower graded post will be taken into consideration. Factors such as the cost of the protection of earnings and impact on the individual and the Force, will be taken into account, when such decisions are made. Decisions will be made on a case-by-case basis, however it would be unusual for an individual to be offered redeployment to a post which is more than two substantive grades below the post they currently occupy. Where the redeployment is being considered as a reasonable adjustment in accordance with the Equality Act 2010 and there are no suitable available posts at the appropriate grade consideration will also be given to appointment to suitable posts at a higher grade. 2.7 Where a potential match between a post and a single employee is made an assessment of the employee against the essential requirements for the post will be undertaken. HR Resourcing will be responsible for undertaking the skills matching exercise; on occasion a structured interview and/or any relevant test may be appropriate. Where the redeployment is being considered a reasonable adjustment in accordance with the Disability Discrimination Act (as amended by the Equality Act 2010) the employee may not be subjected to a competitive process and the structured interview and/or any test Status: V1.3 8 Last Update: 04/09/2012

10 Redeployment Policy HR Operations may be dispensed with where suitability can be established by skills match from information provided during the redeployment interview. 2.8 When required, the Head of HR Services will make any necessary decision taking into account all of the circumstances for the priority of redeployment which will be based on corporate need including the employers statutory responsibilities. 2.9 Where potential matches between a post and a number of staff are made a competitive process will be arranged involving the receiving Line Manager. This will include a structured interview and any relevant test for the post. In these circumstances the sickness criteria for selection will also apply as a final determinant. 3. Filling Vacant Posts 3.1 Posts for filling will be cleared through the Force Resourcing Panel via the Recruitment request form. The Workforce Management will maintain a list of posts currently available within the Force, which have been approved for filling. Only posts approved at the Force Resource Panel will be filled. 3.2 Every attempt will be made to identify posts for redeployment prior to advertising. However, where redeployment needs arise at a later stage, posts may be withdrawn from the normal selection process up until the point where a formal offer has been made. Applicants will be notified where this happens via the Force e-recruitment system. 3.3 Members of staff requiring primary redeployment will normally be given priority over those requiring secondary redeployment and those requiring redeployment on welfare grounds. Secondary redeployment occurs when it has not been possible to redeploy the individual to their substantive grade in the first instance. In these circumstances the individual will be redeployed to a lower graded post in the first instance, their name will remain on the secondary redeployment list pending further redeployment when a suitable vacant post becomes available at their substantive grade. Where entitlements to protections cease efforts for redeployment will also cease. 4. Terms and Conditions of Employment 4.1 All reasonable steps will be taken to ensure that staff who require redeployment are placed in appropriate posts and that any adverse affects on their terms and conditions of employment are minimised within the provision of this procedure. 4.2 In exceptional circumstances with the agreement of the Head of HR Services individual s may be redeployed to a post subject to a trial period. The normal period will be 3 months, however this may need to be reviewed where it is felt justified by the new manager. During this time the manager will be responsible for monitoring and assessing the individuals performance with a view to permanent appointment. 4.3 An action plan should be formulated between the Manager and the individual. Should the trial period prove unsuccessful for the member of staff, the Manager will provide evidence of the individual s unsuitability and indicate whether the individual may benefit from an extension to the trial period. Should the evidence support the view that the individual is not suitable for the post, the Head of HR Services will consider an alternative course of action. Status: V1.3 9 Last Update: 04/09/2012

11 Redeployment Policy HR Operations 4.4 Offers of redeployment will take cognizance of the information provided by the individual during the redeployment interview. Where a member of staff is offered the opportunity for an alternative post or made a formal offer of an alternative post and refuses, then they should provide justifiable reason as to why they consider the post not to be a suitable alternative. The matter will be referred to the Head of HR Services for a decision. This decision may incorporate such options as directing the individual into the job offered, if provided for by the contract. If agreement cannot be reached the matter may be escalated the ACC People Development for consideration of giving notice of the termination of their employment on the grounds of redundancy. 4.5 Members of staff who are redeployed will be provided with a formal offer letter and a variation to the Statement of Particulars relating to their terms and conditions of their Contract of Employment within one month. 4.6 The Workforce Management will carry out all the initial payroll documentation in relation to the transfer of redeployed employees. 5. Protection of Earnings 5.1 Protection of earnings will not apply to redeployments undertaken as a result of disciplinary / capability proceedings or those, which have been requested by an individual for welfare / domestic reasons. The terms of any redeployment in respect of disciplinary / capability proceedings will be determined by the relevant Chief Officer at the time of the hearing. 5.2 Different arrangements will apply to two categories of payment: - (i) Basic salary and allowances arising from the working of additional or unsocial hours as part of the normal working pattern. (ii) Other payments such as car allowances stand by allowance payments for working additional or unsocial hours not as part of the normal working pattern. 5.3 For an initial period of one year from the date of commencement in the new post, basic salary including incremental progression and negotiated pay rises; will be protected as will allowances for working additional or unsocial hours as part of the normal working pattern. After this initial period of protection, the protection provided will be reduced to 50% of the difference between the former earnings and the earnings in the new post in respect of both basic salary and allowances for working the normal working pattern. All protection will cease two years after the initial redeployment. Management action to achieve redeployment to a post not requiring protection or requiring less protection will cease at the same time. Should the individual, at any time, refuse without justifiable reason an opportunity to be considered for an alternative post that would eliminate or reduce the requirement for protection then protected earnings will cease unless otherwise determined by the ACC People Development. 5.4 There will be no protection for other payments such as car allowance, standby and payments for working additional or unsocial hours, which are not part of the normal working pattern, beyond any statutory or contractual entitlement. 5.5 Any increase in any element of contractual earnings may be offset against the protection granted in respect of another element. Status: V Last Update: 04/09/2012

12 Redeployment Policy HR Operations 5.6 Where an individual requires temporary redeployment for medical reasons the following will apply: - Consideration for redeployment to a post which allows for the maintenance of earnings where possible. Protection of grade and full contractual allowances for a period of 3 months. This will be followed by a further period of protection of allowances and grade at half rate where necessary In all cases payment should be no less than the appropriate sickness allowance that would have been due if absence had continued. Should it be necessary to extend the temporary period of redeployment beyond 6 months the individual will be reviewed by the Occupational Health Physician who will advise the Line Manager. Any period of temporary protection afforded in these circumstances will count towards the one-year period of full protection should permanent redeployment result. 5.7 From 1st April 2008, following a redeployment which results in a compulsory reduction or restriction to pay, the following pension provisions are available. Where a member's pay is reduced in the ten years prior to active pension scheme membership ceasing, an average of three consecutive years in the last ten ending on 31st March prior to the date of leaving/retirement, can be used. If the salary at the point of leaving/retirement has not overtaken the salary at the point of redeployment, then a request should be made to the Payroll and Pensions Manager to have the previous years taken into consideration for calculation purposes. 6. Secondary redeployment 6.1 Where a member of staff has been redeployed to a post with protected terms and conditions of employment, the Force will make all reasonable effort to make that individual a reasonable offer of alternative employment, which will eliminate or reduce the need for protection. Such efforts will be made within a two-year period to redeploy displaced members of staff to a suitable post at their substantive grade and then cease as outlined at paragraph Transition 7.1 As soon as practicable following the date of implementation of this policy by the Chief Constable, notice will be given to members of staff currently in receipt of protection that the current protection arrangements will cease in accordance with the transition arrangements set out below. The relevant date for these transition arrangements is 1 st January For staff who were previously redeployed on terms including the indefinite protection of all elements of contractual earnings (i.e. normally those redeployed before February 1999) full protection will continue until redeployed to their substantive grade, retirement or until age 65 years, whichever is the sooner. In all cases the protection arrangements will cease with effect from 31 st March, Status: V Last Update: 04/09/2012

13 Redeployment Policy HR Operations 7.2 For staff who were previously redeployed on terms including the time-limited protection of allowances for working additional or unsocial hours (e.g. shift, weekend and equalisation allowances) and indefinite protection of basic salary, any unexpired period of protection of the allowances will continue to the planned expiry date and the protection of basic salary will continue until their retirement or age 65 years, whichever is the sooner. In all cases the protection arrangements will cease with effect from 31 st March, In all other respects the provisions of the section of this Procedure on Protection of Earnings will apply. 7.4 Assistance with secondary redeployment will continue throughout the period of protection. 8. Training 8.1 Where reasonably practicable and appropriate the Force will provide training to members of staff who are affected by changes in working arrangements, to enable them to undertake their duties in a competent manner. Wherever reasonably practicable this will include re-training to facilitate redeployment to a role commensurate with their previous grade. Such training will be at the employer's expense and normally within the employer's time 9. Relocation 9.1 Except in cases of redeployment for disciplinary, capability or welfare / domestic reasons, where a member of staff is redeployed to a post which involves additional travelling, the provisions of the Police Support Staff Council Handbook as supplemented by local conditions of service will apply for a period of one year subject to qualifying conditions Status: V Last Update: 04/09/2012

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