Wolverhampton City Council

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1 Agenda Item No: 8e Wolverhampton City Council OPEN EXECUTIVE DECISION ITEM (AMBER) Cabinet / Cabinet Team RESOURCES PANEL Date: 9 January 2007 Portfolio(s) HUMAN RESOURCES Originating Service Group(s) PERFORMANCE & DEVELOPMENT Contact Officer(s)/ Telephone Number(s) Title/Subject Matter NILU KURNAZ EXT 4052 IMPLEMENTATION OF AMENDED REDUNDANCY & REDEPLOYMENT POLICY Recommendations Members to approve the Redundancy & Redeployment policy which has been amended in line with existing and proposed pieces of legislation. The policy is already in line with the ACAS Code of Practice and aims to continue to work with best practice at the forefront of all Human Resource functions.

2 1.0 Purpose of Report 1.1 The Council s Redundancy & Redeployment policy was last reviewed in September 2002, both in terms of internal and external factors encompassing employment legislation. As an organisation moving towards excellence Wolverhampton City Council must deal with redundancies with a duty of care to our employee s and within the boundaries of the law. 1.2 The statutory requirements of the redundancy policy remain unchanged. This report goes on to summarise the amendments to the redundancy & redeployment policy and seeks formal approval for the new policy document to be launched. 2.0 SUMMARY OF AMENDMENTS 2.1 The policy statement has been amended to incorporate the guidance within the Dispute Resolution (Regulations) Act October 2004 to ensure that if there are fewer than 20 redundancies the Disputes Resolutions must be adhered to but not in cases of collective bargaining or large scale redundancies. 2.2 There has been more emphasis placed on the redeployment function to encourage service groups to make all efforts to seek and secure alternative employment and for local HRMs to enforce and support service groups with the redeployment function. 2.3 Approval for redundancies have been assigned to the Service Group Director, Director of Resources & Support and the Chief Human Resources Officer or a nominated representative chosen by the above mentioned individuals. The purpose of this is to attempt to stream line processes and to move away from heavily bureaucratic processes. 2.4 The qualifying age for redundancy payment has to change to 50 from 55 after Voluntary applications will be authorised by the Chief Human Resources Officer in consultation with the service group Director and the Director of Resources and Support. This will only be considered once redeployment has been exhausted as well as the competitive/assimilation process and also only where the voluntary redundancy is in the best interests of the service area. 2.6 Reckonable service for purposes of redundancy has been changed from only Wolverhampton City Council recognised service to any local government or services included within the Redundancy payments modification order In circumstances where a restructure is imminent the affected posts will be placed at risk and then they will ring fenced to any existing/new posts and follow the corporate competitive interview process. If an individual is unsuccessful in this process of recruitment then redeployment must be embraced and only after this process has been exhausted will redundancy be finalised. Restructures do not always equal redundancies and therefore in those circumstances where there are enough employees to the number of new posts employees should be assimilated in to jobs providing that any minor skills gaps can be bridged by training or development or they are already completing 70% of the new post. The aim of this is not only to ensure fair and objective selection but also to reinforce that we do still have the best people in post with the correct skills. Another positive is that it is more effective use of time and we are looking for the positives rather than the negatives as embedded within the selection criteria. 2.8 The policy reinforces the following:- Support enhanced service delivery

3 Effective consultation with employees and trade unions A duty of care towards employees Robust redeployment process Retention of the best people to deliver a high quality service to the community of Wolverhampton City Council. 2.9 The skills and experience criteria has been changed to performance/competency and the allocated scores have increased to 60. A quick trawl was conducted with each service area who confirmed that they have never used the current selection criteria as it is and therefore this is only to be used if there are two employees who have scored identically through the competitive interviewing process Advice from the Employers Forum on Age in relation to the Age Discrimination Act October 2006 states, The use of service related criteria (indirect discrimination) may be justified in selecting candidates for redundancy, but could expose employers to risk. As a best practice employer Wolverhampton City Council should recognise that age and service based criteria for redundancy selection as the main element can result on the loss of valuable skills, knowledge and experience and therefore has been removed from the policy The Management of Attendance/Disciplinary records are the remaining two selection criteria. The Management of Attendance has been brought into line with the revised procedure dated April The disciplinary procedure has in the main remain unchanged. Both criteria have been changed on the basis of how the points are allocated. These are the only 2 criteria in which employees could lose points for high sickness levels and having a disciplinary record The current policy has two different Rights of Appeal this has been harmonised the principles of an appeal are generic. 3.0 Consultation 3.1 This policy has been shared with the following individuals who have all contributed:- Mike Woodhall Chief Pensions Officer Sarah Bidwell Principal Human Resources Officer Human Resources Managers Comments were also received by Ann Dokov Chief Human Resources Officer as well as the Principal Human Resources Officers. 3.2 The policy has also been shared with Unison, TGWU, GMB and UCATT and some comments were received which have been considered. 4.0 Implications 4.1 Equalities - The amendments outlined in this report help to ensure that employees at risk of redundancy are treated fairly and are not discriminated against, particularly on the grounds of sex, race, gender, age, sexual orientation, disability, religion and other forms of prejudice. 4.2 Resources The processing of the selection criteria for the purposes of redundancy will be a comprehensive and demanding exercise and therefore will have to be

4 planned correctly and in a timely manner. This exercise should only be conducted where appropriate. 4.3 Financial Clearly there will be a cost in some circumstances a substantial cost, however with good forward planning and preventive action such as redeployment the cost although may be beared initially will be made up as an overall benefit to the Council as a whole. 4.4 Policy The existing policy is linked to the Management of Attendance and the Disciplinary policy. The amendments are now proposing to link the Employee Performance Review Scheme in line with the guidance issued by the Employer s Forum on Age. 4.5 Legal Effective management of redundancy and redeployment issues will assist in the avoidance of legal proceedings. 4.6 Environmental None identified 4.7 Citizen Effective management of redundancies/redeployees will impact on motivation and morale of staff meaning a more consistent provision of service and better value for money for the citizens of Wolverhampton.

5 G35 Redeployment and Redundancy G35.1 Introduction G35.2 Redundancy payments and early retirement G35.3 Selection criteria in a redundancy situation G35.4 Redeployment considerations in a redundancy situation a) Redundancy Procedures G35.5 Redeployment Procedure Appendix G35.I G35.II G35.III G35.IV G35.V G35.V G35.V G35.V G35.V G35.VI Ready reckoner Appeals against selection for redundancy Redeployment proforma Redundancy action summary Sample letters (a) To advise employees that selection will take place (b) To advise employees of the outcome of applying selection criteria (c) To advise employees of selection by unique area of work (d) To advise employees of selection as a result of restructuring/confirmation of early termination date. Confirmation of notice to leave employment of Wolverhampton Council

6 G35 REDEPLOYMENT AND REDUNDANCY G35.1 Introduction From time to time in the sphere of human resources the impact of changes make redeployment and redundancy unavoidable. This policy forms part of an integrated suite of modern HR policies aimed at supporting changes necessary to establish and maintain high quality service delivery. Some of those changes are legislative, others are organisational, but all take place within a climate of sustained pressure on resources. Even with careful planning of its operation and overall control of its staffing levels, the Council will, at times, face restructuring of its existing resources. Wolverhampton City Council affirms that it s policy remains that of seeking to avoid compulsory redundancies. Therefore the council will when appropriate and possible and in consultation with the appropriate trade unions: Impose limitation recruitment and use of natural wastage Seek to eliminate the use of workers who are not employees of Wolverhampton City Council. Reduce non-contractual over time working Redistribute duties Redundancy is perceived as a final and ultimate measure by the Council and every effort will be made to reduce its impact by ensuring that wherever possible redeployment and voluntary severance will be used as first alternatives. In the event of redundancies, this section gives guidelines for procedures to be followed and information and guidance both for those implementing the process and those affected by it. G35.2 Redundancy Compulsory redundancy will normally only be considered once the redeployment process has been exhausted (i.e. after 6 months) and on receipt of approval from relevant service group Director, Director for Resources & Support and the Chief Human Resources Officer. In cases of voluntary redundancy there could be exceptions for example where volunteers are prepared to accept redundancy 6

7 months of the redeployment list in cases like this would not be cost effective. This would only be allowed where there is a sound business requirement for the voluntary redundancy. No employees will be dismissed as redundant until statutory consultation with staff, employee representatives and trade unions have been undertaken. The statutory dismissal procedures apply to redundancy dismissals, although not to collective redundancies where there are 20 or more redundancies within a period of 90 days. This is in line with the Dispute resolution procedures. Please consult service group Human Resources for further advice as soon as you think you may contemplating redundancies. In addition, the Government has made a small legislative change to make clear that notifications to the Department of trade and Industry must be made before any redundancy notices are sent to affected employees. This change will be effective from 1 October The Early Retirement scheme forms the basis of both the Authority s Voluntary Severance and Compulsory Redundancy schemes. Section H37 outlines the provisions and benefits of the early Retirement/Voluntary Severance Scheme. This section looks at the Redundancy Provisions and the benefits that apply in compulsory redundancy situations. In a redundancy situation the following information is currently applicable in all cases of voluntary and compulsory redundancy: 2.1 Who is eligible? Any redundant employee who is a member of the Local Government Pension Scheme is eligible for pension benefits provided he or she has: a) Completed at least 2 years reckonable service. b) Reached the age of 50 years. (This age must increase to 55 after 2010) 2.2 What are the benefits? Voluntary applications (but not compulsory redundancies) are approved under delegated authority by the Chief Human Resources Officer, in consultation with the Director of Resources and Support. In such cases employees will be eligible for a redundancy payment and pension benefits as prescribed under the Pension Regulations (see H37).

8 The number of weeks pay due as redundancy payment is calculated by reference to: a) Continuous local government service with one or more local authorities or other related bodies included in the Redundancy Payments (Local Government) Modification Order 1999, as amended (See B4.I). b) The employee s age. c) The employee s weekly earnings up to a maximum of 300 per week. A ready reckoner for calculating the number of weeks pay due is included at Appendix G35.I. Provided the employee has not less than 5 years qualifying and reckonable service, the calculation for pension benefits will be based on actual years of service reckonable for pension purposes. a) A maximum of 6 2/3 compensatory added years (This is subject to change) b) One third of the number of years actual reckonable service. c) The number of years service within Local Government or services included within the Redundancy payments (Local Government) modification order d) The difference between 40 years and the actual reckonable service. e) The difference between the service attained up to the employee s 65 th birthday and actual reckonable service. An employee with more than 2 years service, although eligible for a pension, will only qualify for enhanced benefits after 5 years qualifying and reckonable service. 2.3 Effect of redundancy payment on pension lump sum If service has been enhanced for pension purposes by more than 6 2/3 years the lump sum payable on retirement (voluntary or compulsory) will be reduced by an amount equal to 30% of the redundancy payment for each excess year.

9 2.4 Employees who are not members of the Local Government Pension Scheme and employees under the age of 50 years who are not eligible to receive a pension Redundant employees in this category will receive only the redundancy payments described in Section IMPORTANT NOTE TEMPORARY VARIATIONS Wolverhampton Council may from time to time exercise the right to vary certain factors used for the calculation of pension and redundancy payments. All factors used are either the maximum allowable under current regulations and therefore cannot be exceeded, or subject to the Council s policy. All service groups will be informed of any changes and time limits involved as and when they are approved. If in doubt as to the current position please contact the Human Resources Division. 2.6 Estimates of benefits and redundancy payments Official estimates can be obtained from the Director of Resources & Support, using appropriate application forms, the format and colour of which may be changed for administrative reasons to take account of any temporary variations referred to above. G35.3 Selecting in a redundancy situation 3.1 The Council will attempt to minimise the number of employees to be declared compulsorily redundant. In consultation with the Trade Unions the Council and will seek to redeploy to alternative employment and only scope employees to volunteer for redundancy where appropriate for the service area. 3.2 Where compulsory redundancy cannot be avoided, the Council will handle each case fairly and consistently and in the most sympathetic manner that the circumstances allow. 3.3 The criteria to be used by the Council in selecting employees for compulsory redundancy are set out below. It should be borne in mind from the outset that there is no need to apply selection criteria if there is only one employee doing the type of work, or working at the place, who is vulnerable to redundancy, or if all employees doing that work or working in that place are to be declared redundant.

10 3.4 Where a service or area of work is being reorganised and staffing establishments reduced by restructuring, in order to effect a reduction in budget expenditure, new posts or posts for which duties have substantially changed will be filled through competition from within that service or work area. Employees whose jobs are substantially changed, but who fail to secure appointment after competing in a fairly conducted competitive interview, assimilation interview or redeployment exercise will be made redundant. The number of posts selected for redundancy will be placed at risk and the remaining and/or new posts will be ring fenced to those at risk for competitive interview. This will ensure that the best people are selected in line with their performance. Wherever possible assimilation interviews and redeployment will also apply and minimise the number of actual redundancies. Assimilation interviews are only to be used where the number of new posts are equal to the number of people in posts and as long as they can bridge any training gaps and they are completing 70% of the duties within the new posts they can be assimilated into the new role. Where an individual has not been successful through either competitive or assimilation interview then redeployment will attempt to secure alternative employment. Any recruitment process whether it is competitive or assimilation must follow a competency based recruitment scheme and managers must not ask hypothetical or subjective questions. 3.5 Where a number of similar posts remain unchanged, but there is a requirement to reduce the number, the following principles will underpin any action taken: a) Support enhanced service delivery at all times b) Emphasise the need for consistency throughout this process. c) Effective and meaningful consultation with employees and trade unions as well as demonstrating a duty of care. d) Council wide commitment to robust staff redeployment (within the context of improving services) and that redundancy or early retirement should only be considered as a last resort. e) Retention of the best mix of skills and aptitude to deliver excellent services. f) Any proposed redundancy or early retirement must be approved by the appropriate Service Group Director, Director for Resources & Support and the Chief Human Resources Officer.

11 3.6 Selection criteria will only be used where the above recruitment and selection process has been unable to select a single individual and may have a tie break situation for redundancy and it should be based on a points evaluation scheme as follows:- FACTOR POINTS Performance/Competency 0 60 Attendance Disciplinary record All employees within an affected work group will be assessed against these criteria. The person(s) receiving the lowest points allocation from within the group will be selected for redundancy. 3.7 Selection Factors a) Performance/Competency (0 60 points) The Employee Performance Review Scheme is a Council wide scheme for all employees at all levels of the organisation, it creates the crucial link between the Community and Corporate Plans stemming through service plans to individual objective, targets or goals. The EPRS is also the most objective management tool to use during the selection for redundancies, and therefore it is essential for all employees to co-operate and contribute to the scheme. Although ideally this is the tool to use until the scheme is well embedded within Wolverhampton City Council it would not provide essential information required as yet. Therefore the process managers need to follow as an interim measure is based on the essential criteria stated on the person specification. Each post will have a Job Description and Person Specification and therefore the manager must highlight which of the essential criteria are the most critical to the post and without which an individual will be unable to perform the duties of the post. The individuals will then be re-assessed against those critical criteria and scored accordingly.

12 b) Attendance Attendance points will be awarded to employees. This will be measured by reference to the number of instances of absence of whatever duration. Absences related to maternity, disability and industrial injury related absence must be excluded. To take account of a one off serious absence or illness in any year the best of the last two calendar year records will be used. Please refer to the Management of Attendance Procedure and see chart below;- Recurring Short Term Absence Has achieved 100% attendance Not at 100% but not reached stage 1 Long Term Sickness Absence Has achieved 100% attendance Currently off sick and not reached stage 1 Points Has reached Stage 1 Has reached Stage 1 and awaiting medical report 5 Has reached Stage 2 and has been issued with a written warning Has reached Stage 3 and has been issued with a Final Written Warning Has reached stage 4 and awaiting outcome. Has reached Stage 2 and in discussion regards reasonable adjustments and redeployment. Has reached Stage 3 and considering further medical prognosis or potential Dismissal on grounds of capability/ill Health

13 d) Disciplinary Record Points will be awarded to employees as follows:- Stage of Disciplinary POINTS No current disciplinary record on file 10 Current verbal warning on file 5 Current written warning on file -5 Current final warning on file Selection Procedures a) Recruitment & Selection i) All competitive or assimilation processes should be recorded and completed in conjunction with the HRM. ii) iii) This assessment will categorise all employees in descending order and identify those employees with the lowest score sufficient to satisfy the number of employees required for redundancy. If there is a tie-break situation then the selection criteria will need to be used in conjunction with the HRM s involvement and recorded very vigorously. b) Departmental Verification i) The line manager and the HRM will present their results to the Service Group Director, or a Chief Officer as nominated by the Service Group Director, for verification. ii) (c) The point score (in a) (iii) above) will be rigorously reexamined to ensure points have been allocated fairly and accurately. Service Groups must consult with the Corporate Human Resources Division in regard to each individual case before issuing redundancy notices. An individual declared redundant will belong to the Council s redeployment pool, and subject to the principles and rules governing the pool until such time as alternative employment is found or the period of notice with which she/he has been served has expired.

14 3.9 Presentation NAME FACTOR Performan ce/compet ency Attendance Disciplinary points Total points 3.10 Right of Appeal a) A person who has been selected for redundancy either through the competitive interview process or the selection criteria will be allowed a right of appeal. The Appeals Procedure is shown in full at Appendix G35.II. G35.4 Redeployment Considerations in a Redundancy Situation 4.1 The Council is resolved to do all in its power to minimise the impact of redundancy upon its employees. Where compulsory redundancies are unavoidable, every effort will be made to redeploy into alternative employment. 4.2 The Council cannot guarantee however, that every redundant employee will be redeployed nor hope to entirely remove the threat of redundancy. If affected employees have the opportunity to apply for a job with another employer, they should do so, even while attempts are being made to redeploy them. 4.3 It is vital at this stage that managers undertake individual consultation with affected employees. Such consultation should make employees aware of any agreed procedures and of opportunities available for further consultation and making representations. Chief Officers will make every effort to redeploy within their own service groups in the first instance. Where this involves a promotional opportunity, normal competitive interview processes should apply. a) Redundancy Procedures Officers are reminded that they must gain approval from service Group Director, Director for Resources and Support and the Chief Human Resources Officer before beginning the process of

15 selection for redundancy. The purpose for this is to minimise budgetary restraints and gain a robust approval to then work on. Restructure reports should be clear and realistic about the potential for redundancies and redeployment opportunities. There is some value in including a very specific timetable in the report to outlining proposals for redundancy selection and planned consultation events. Effective consultation with employees and trade unions commence at the stage that the redundancies have been initially proposed. For more than 20 potential redundancies you are required to undertake 90 days consultation. Notice of redundancy is issued giving three months notice following selection process. During this period of notice the employee is placed in the redeployment pool and every effort made to secure alternative employment. Impending Redundancy notifications is not an activity that can be considered independently or at short notice, and managers must therefore allow sufficient time for the procedure to be followed and appropriate approval to be received before commencing issuing at risk notices and consultation events. Officers should understand that, until otherwise notified, the current Council policy does not give them authority to make employees redundant. G35.5 Redeployment Procedure 5.1 Referral to the Redeployment Register is for one of two reasons: a) The Occupational Health Doctor has recommended that attempts are made to redeploy the employee for medical reasons (i.e. medical redeployees), or b) The employees post has been identified as being at risk of redundancy (i.e structural redeployees) 5.2 Procedures apply equally to all redeployees, and set out the minimum standards to be adhered to, with flexibility built in to accommodate different circumstances. In particular, medical redeployees may have reasonable adjustments made to accommodate their needs (see appendix G35.VII for further advice on reasonable adjustments).

16 5.3 The redeployment procedure should be owned by the Service Group Manager in consultation with their appropriate HRM. The HRM will be able to demonstrate in writing what efforts have been made to secure alternative employment. In circumstances where an employee does not want to co-operate with redeployment they must state this in writing to their immediate line manager. HRM s will be required to demonstrate the efforts made to encourage the employee to positively embrace redeployment. Redeployment is a defined reasonable adjustment under the Disability Discrimination Act. In any situation where an employee s medical condition or disability affects their ability to fulfil the requirements of the job, managers and Human Resource Officers, should consult with the employee about what his/her needs are and what reasonable adjustments may be needed in the future (for example, where an employee has a progressive condition). Examples of potential reasonable adjustments include:- Altering premises Reallocating/swapping duties between employees Changing work hours Supplying additional training Purchasing or making changes to equipment Providing a reader or interpreter Changing the place of work Redeploying to a more suitable job If a decision is subsequently made to refer the employee to the Council s Occupational Health Physician, information about reasonable adjustments already made, or considered and rejected should be included. The DDA Code of Practice states Dismissal including compulsory early retirement of a disabled person for reason relating to the disability would need to be justified and the reason for it would have to be one which could not be removed by any reasonable adjustment. Vacant posts will not be approved for advertisement until the service group Human Resources Manager has verified and demonstrated that the Redeployment Register has been checked and any redeployees meeting a good percentage of the essential criteria have been given priority interview.

17 5.4 As a general rule, a redeployee satisfying less than 50% of the essential criteria is unlikely to be successful. However, all redeployees should be assessed on the basis of whether skill gaps could be met by reasonable on or off the job training at a reasonable cost within a reasonable time-frame. In such cases, service groups are urged to offer suitable trial periods in order to better assess suitability. The length of the trial period should be at least 4 weeks and up to a maximum of 13 weeks, to be agreed according to the circumstances. 5.5 Human Resources Managers within service groups are primarily responsible for the implementation of the Redeployment Policy. This specifically includes: The redeployment of those currently employed within their service group. Ensuring that redeployees within their service group are aware of the provisions of the Redeployment Policy and how it affects them, and that they are given every opportunity to secure alternative employment with the Council. This includes supporting redeployees in terms of identifying opportunities, form filling, interview skills, postinterview feedback, and so on. Ensuring that names and details of all redeployees in their service group are forwarded to the Human Resources Division for circulation. This should be done as soon as it becomes apparent that the employee may need to be redeployed. Working with the redeployee to develop an action plan that sets out the options to be explored to achieve successful redeployment and the timeframe in which this will be done. The action plan should also address any skill shortfalls or training needs. Corporate Training can provide further assistance with this. Human Resource Managers will also need to ensure that any recommendations for reasonable adjustment made by the Occupational Health Unit, are acted upon and thoroughly tested before a recommendation is made for Early Retirement. This should be done in consultation with the Equality and Employment Policy Team, and the involvement of the Disability Employment Advisor at the Employment Service. Being on the interview panel at any priority interviews given to redeployees in their service group or receiving written feedback if attendance is not feasible.

18 Ensuring that redeployees receiving priority interviews are given written reasons for subsequent rejection. Encouraging line managers to make use of trial periods to test the suitability of redeployees for vacant posts before requesting to advertise. Where these trial periods are unsuccessful, written reasons should be forwarded to the redeployee and the Human Resources Manager. Retaining responsibility for redeployees within their service group, including: Recording Details and outcomes of interviews that redeployees have had and any opportunities offered but rejected by the redeployee. It is essential that documented evidence is available of the attempts the Authority has made to redeploy, particularly if the final outcome is a termination of contract. Taking appropriate action where attempts to redeploy have been unsuccessful. This will include issuing a redundancy notice (with trade union and employee consultation) or serving notice of dismissal due to incapacity (see 5.7). 5.6 The Human Resources Division maintains a corporate steer on the Redeployment Policy and ensures that it is implemented in a way that is compatible with current recruitment and equalities policies. This includes:- Raising awareness about the Redeployment Policy as appropriate. Regular Monitoring reports to the Portfolio Holder of Human Resources, in terms of; Number by Service Groups Time spent on Register and outcome Sex, ethnic origin, disability and age General progress of redeployees and specific issues that may arise Analysis of monitoring information to determine corporate development needs. The Human Resources Division also ensures that each redeployee receives a weekly copy of the Internal Vacancy List. 5.7 Redeployees are entitled to membership of the Redeployment Register and pay protection funded by their employing service group. The situation is reviewed by the Portfolio Holder for

19 Organisation, People and Performance with the relevant Chief Officer and Human Resources Managers on a regular basis with a major review after six months or sooner if funding is a problem. The purpose of the review is to ensure that both the redeployee and the service group have taken all the steps possible in pursuance of a successful redeployment outcome. Extension beyond six months membership of the Redeployment Register is unlikely unless there is a particularly strong chance that redeployment could be achieved within a short time period. However, in any event, membership of the register will continue until the end of the employee s statutory notice period, which can be up to 3 months. In order to ensure a fair and consistent approach the following factors will be taken into account in reaching this decision: The nature of the work that the redeployee is able to do. The number of vacancies in this area in the last six months The number of priority interviews the redeployee has been offered, and the outcome, including feedback received. The number of advertised posts the redeployee has applied for, and the outcome, including feedback received. The support given to the redeployee in terms of identifying training and development needs and solutions. The willingness of the redeployee to consider training and development opportunities that have been offered, e.g. regular meetings with HRM and specific skills courses. The redeployees current circumstances, e.g. are they undertaking a temporary contract that is still on-going/is there any likelihood of the position becoming permanent? Recommendations from the HRM about the likelihood of redeployment. Any other relevant factors particular to the redeployee.

20 APPENDIX G35.II APPEALS AGAINST SELECTION FOR REDUNDANCY 1. This procedure shall apply where the Local Authority uses the selection criteria or competitive interview process for Local Government employees. 2. This procedure should be read in conjunction with the aforementioned Redundancy & Redeployment Policy. 3. Initial selection for redundancy i) The initial selection for redundancy would be undertaken (using the points scheme) by the line Manager and HRM. ii) iii) The results of this selection procedure would be presented to the Director of the service group (or Chief Officer) for verification. There will be consultation with the Trade Union (s) concerning the person selected for redundancy. 4. Appeals Panel i) Following verification of the selection as at 3 (ii) above the employee will be advised in writing of the decision and advised of the right of appeal to an Appeals Panel. ii) The Appeals Panel will comprise: The Chief Executive Chief Human Resources Officer Head of Employee Relations. The appeal panel may comprise of a nominated representative from each of the parties above. If the appellant is employed by OCE or any of the above officers have been involved in the selection process, then appropriate substitutions would be made. The appeal will be held in a room free from interruption (preferably a Committee Room).

21 5. Appeals Procedure APPENDIX G35.II (Continued) i) The Trade Union/appellant would be supplied with a copy of the appellant s individual points score as determined by the selection criteria or the recruitment process. ii) iii) iv) The appellant would be requested to submit the grounds of the appeal in writing before the Panel was convened. The appeal should be made within 10 working days of receipt of the notification referred to in 4 (i). The Appeals Panel shall be convened by the Chief Human Resources Officer, or nominee. At the appeal: a) The service group representative will explain why the appellant was selected and will go through, in detail, the appellant s points score as determined by the selection criteria or recruitment process. b) The service group representative may call witnesses. c) The Trade Union and/or appellant may question the service group representative or the service groups witnesses. d) Members of the Appeals Panel may question the service group representative and witnesses. e) The Trade Union and/or appellant will explain why they feel the individual was selected unfairly with reference to the selection criteria/recruitment process. f) The Trade Union/appellant may call witnesses. g) The service group representative may question the Trade Union, the appellant and witnesses. h) Members of the Appeals Panel may question the Trade Union, the appellant and witnesses.

22 APPENDIX G35.II (Continued) i) Each side will be allowed to sum up briefly but will not be allowed to give new evidence. j) Both parties to the dispute will withdraw and the Appeals Panel will consider its decision. k) The Chair of the Appeals Panel will communicate the decision of the panel to the Trades Union/appellant, the service group representative and in writing the Chief Officer of the service group together with a copy to the Trades Union secretary or appellant.

23 APPENDIX G35.V(a) Sample letter to advise employees that selection will take place Dear REDUNDANCY As you are aware, the Council is facing a difficult financial situation and has found it necessary to reduce the / 20 base budget. As a consequence, Chief Officers have been required to identify specific areas within their Service Groups where reductions in posts are necessary. The purpose of this letter is to confirm that the area in which you are employed as is unfortunately, one of those for which a reduction of.. post(s) is required. Consequently I have to inform you that the selection for redundancy in accordance with paragraph 5 of the Council s document Selection Criteria for Redundancy, will be on the basis of one person from including yourself. This selection will be made no later than following which a notice of redundancy will come into effect. A copy of the selection criteria to be used is enclosed with this letter, together with a leaflet concerning the redeployment procedure which will apply to redundant employees. Yours sincerely

24 APPENDIX G35.V(b) Sample letter to advise employees of the outcome of applying selection criteria Dear REDUNDANCY You will already have received my earlier letter explaining that the area in which you are employed is one of the specific areas identified for the application of selection criteria for redundancy. I regret to inform you, that as a consequence it is necessary to terminate your contract of employment on the grounds of redundancy. This decision is in accordance with paragraph 5 of the Council s current policy Selection Criteria for Redundancy (copy enclosed). You are entitled to. Weeks/months notice of dismissal commencing on. This means that your last day of employment with Wolverhampton Council will be.. You will be paid weeks salary as compensation for the early termination of your contract in lieu of the period of notice to which you would otherwise have been entitled. This means that your last day of employment with Wolverhampton Council will be.. You have the right to examine the documentation of the selection process applied to the area from which you have been selected, although details of any criteria applied to other employees within the area of selection must remain confidential. If you intend to appeal against your selection you may wish to consult your Trade Union. You must, in any event, submit written details of your intention to appeal, within ten working days of receiving written notification of your redundancy, to the Chief Human Resources Officer. Your length of service means that you also have the right to appeal to an Employment Tribunal if you feel that you have been unfairly treated. Once again, you may wish to consult your Trade Union if this is the case.

25 APPENDIX G35.V(b) (Continued) During your period of notice you will be expected to take any outstanding leave entitlement. You will automatically be placed in the Council s Redeployment Pool and every effort will be made to find you alternative employment before the final termination of your contract. It is imperative that you proactively embrace the efforts of redeployment as it may forfeit your redundancy payment if you have failed to cooperate with the redeployment policy. (Details of the Redeployment Pool are enclosed for your information). Please understand that since you have been declared redundant there is no longer any requirement for you to work. You should not, therefore, carry out any Council duties or attend your place of work unless, by appointment, you have arranged to see your Trade Union Representative or personnel officer from whom you are seeking guidance or information about your situation, or if you have been requested to attend for the purposes of the redeployment procedure. The Director of Resources & Support will be writing to you shortly about the payment of your pension and redundancy pay. I very much regret that it has become necessary for the Council to take this course of action, but I thank you for all your efforts in the service of Wolverhampton Council. I sincerely hope that you are successful in your search for alternative employment. Yours sincerely Delete as appropriate.

26 APPENDIX G35.V(c) Sample letter to advise employees of selection by unique area of work Dear REDUNDANCY As you are aware, the Council is facing a difficult financial situation and has found it necessary to reduce the 20-- / base budget. As a consequence, Chief Officers have been required to identify specific areas within their Service Groups where reductions in posts are necessary. Unfortunately, the area in which you are employed as. is one of those areas from which a reduction of.. post(s) must be made. I regret to inform you, that as a consequence it is necessary to terminate your contract of employment on the grounds of redundancy. This decision is in accordance with paragraph 3 of the Council s current policy Selection Criteria for Redundancy (copy enclosed). You are entitled to. Weeks notice of dismissal commencing on. This means that your last day of employment with Wolverhampton Council will be.. You will be paid weeks salary as compensation for the early termination of your contract in lieu of the period of notice to which you would otherwise have been entitled. This means that your last day of employment with Wolverhampton Council will be.. I understand that you wish to leave the Council s employment before your statutory period of notice expires. If you decide to exercise this option, then you should be aware that all employment related payments due to you will cease when you leave on your preferred termination date. You will not forfeit any right you have to a redundancy payment. Please complete and sign the enclosed confirmation form if you wish to exercise this option and return it to: Human Resources Manager

27 APPENDIX G35.V(c) (Continued) If you intend to appeal against your selection you may wish to consult your Trade Union. You must, in any event, submit any letter of appeal to your own Chief Officer within ten working days of receiving written notification of your redundancy. Your length of service means that you also have the right to appeal to an Employment Tribunal if you feel that you have been unfairly treated. Once again, you may wish to consult your Trade Union if this is the case. During your period of notice you will be expected to take any outstanding leave entitlement. You will automatically be placed in the Council s Redeployment Pool and every effort will be made to find you alternative employment before the final termination of your contract (Details of the Redeployment Pool are enclosed for your information). Please understand that since you have been declared redundant there is no longer any requirement for you to work. You should not, therefore, carry out any Council duties or attend your place of work unless, by appointment, you have arranged to see your Trade Union representative or a personnel officer from whom you are seeking guidance or information about your situation, or if you have been requested to attend for the purposes of the redeployment procedure. The Director of Resources and Support will be writing to you shortly about the payment of your pension and redundancy pay. I very much regret that it has become necessary for the Council to take this course of action, but I thank you for all your efforts in the service of Wolverhampton Council. I sincerely hope that you are successful in your search for alternative employment. Yours sincerely Delete as appropriate.

28 APPENDIX G35.V(d) Sample letter to advise employees of selection as a result of restructuring/confirmation of early termination date Dear REDUNDANCY As you are aware, a new structure for the Service Group/Division in order to effect a reduction in budget expenditure. As a consequence of this, a reduction in staffing levels is unavoidable. Unfortunately you have not been able to secure a post in the restructured Service Group/Division. I regret to inform you that as a consequence it is necessary to terminate your contract of employment on the grounds of redundancy. This decision is in accordance with paragraph 4 of the Council s current policy Selection Criteria for Redundancy (copy enclosed). You are entitled to. Weeks notice of dismissal commencing on. This means that your last day of employment with Wolverhampton Council will be.. You will be paid weeks salary as compensation for the early termination of your contract in lieu of the period of notice to which you would otherwise have been entitled. This means that your last day of employment with Wolverhampton Council will be.. I understand that you wish to leave the Council s employment before your statutory period of notice expires. If you decide to exercise this option, then you should be aware that all employment related payments due to you will cease when you leave on your preferred termination date. You will not forfeit any right you have to a redundancy payment. Please complete and sign the enclosed confirmation form if you wish to exercise this option and return it to: Human Resources Manager.

29 APPENDIX G35.V(d) (Continued) If you intend to appeal against your selection you may wish to consult your Trade Union. You must, in any event, submit any letter of appeal to your own Chief Officer within ten working days of receiving written notification of your redundancy. Your length of service means that you also have the right to appeal to an Employment Tribunal if you feel that you have been unfairly treated. Once again, you may wish to consult your Trade Union if this is the case. During your period of notice you will be expected to take any outstanding leave entitlement. You will automatically be placed in the Council s Redeployment Pool and every effort will be made to find you alternative employment before the final termination of your contract (Details of the Redeployment Pool are enclosed for your information). Please understand that since you have been declared redundant there is no longer any requirement for you to work. You should not, therefore, carry out any Council duties or attend your place of work unless, by appointment, you have arranged to see your Trade Union Representative or personnel officer from whom you are seeking guidance or information about your situation, or if you have been requested to attend for the purposes of the redeployment procedure. The Director of Resources & Support will be writing to you shortly about the payment of your pension and redundancy pay. I very much regret that it has become necessary for the Council to take this course of action, but I thank you for all your efforts in the service of Wolverhampton Council. I sincerely hope that you are successful in your search for alternative employment. Yours sincerely Delete as appropriate

30 CONFIRMATION OF NOTICE TO LEAVE EMPLOYMENT OF WOLVERHAMPTON COUNCIL APPENDIX G35.VI I., hereby confirm that I wish to terminate my employment with Wolverhampton Council on I understand that this date falls before the expiration of the period of notice to which I am entitled and that all payments relating to my employment will cease on the date that I have specified above. I further understand that I will not be paid any money by way of compensation in lieu of earnings during the period of notice to which I would otherwise have been entitled. Signed Pay Number. Date Name and Address:

31 APPENDIX G35.VII Medical Redeployment There are several compelling reasons to ensure that every effort is made to successfully redeploy employees who are unable to fulfil the requirements of their substantive post because of illness or disability. The desirable outcomes in any redeployment situation should be: the retention of valuable employee skills, the fair treatment of the employee involved and at minimal cost to the organisation. There are also legislative and statutory reasons. Redeployment is a defined reasonable adjustment under the Disability Discrimination Act. Best Value Performance Indicators also require us to reduce the number of ill-health retirements. In any situation where an employee s medical condition or disability affects their ability to fulfil the requirements of the job, managers, with support where necessary from Human Resource Managers, should consult with the employee about what his/her needs are and what reasonable adjustments may be needed in the future (for example, where an employee has a progressive condition). Examples of reasonable adjustments include:- Altering premises Reallocating/swapping duties between employees Changing work hours Supplying additional training Purchasing or making changes to equipment Providing a reader or interpreter Changing the place of work Redeploying to a more suitable job If a decision is subsequently made to refer the employee to the Council s Occupational Health Physician, information about reasonable adjustments already made, or consideration and rejected should be included. The DDA Code of Practice states Dismissal including compulsory early retirement of a disabled person for reason relating to the disability would need justified and the reason for it would have to be one which could not be removed by any reasonable adjustment.