Yes. Management of Organisational Change REFERENCE NUMBER. IMPLEMENTATION DATE August 2014 NEXT REVIEW DATE: July 2019 RISK RATING

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1 POLICY/ PROCEDURE Security Classification OFFICIAL Disclosable under Freedom of Information Act 2000 Yes POLICY TITLE Management of Organisational Change REFERENCE NUMBER A001 Version 2.1 POLICY OWNERSHIP DIRECTORATE BUSINESS AREA ENABLING SERVICES PEOPLE SERVICES IMPLEMENTATION DATE August 2014 NEXT REVIEW DATE: July 2019 RISK RATING LOW EQUALITY ANALYSIS LOW Warwickshire Police and West Mercia Police welcome comments and suggestions from the public and staff about the contents and implementation of this policy. Please OFFICIAL 1

2 MANAGEMENT OF ORGANISATIONAL CHANGE POLICY 1. POLICY OUTLINE 1.1 This Policy sets out the approach Warwickshire Police and West Mercia Police will take to handling organisational changes, including the restructure of a function due to changes in policing priorities or demand for services, the need to improve efficiency or to reduce costs. 2. PURPOSE OF THE POLICY 2.1. The aims of this policy are to ensure that organisational change is managed in a fair and consistent way and that, where such change results in an unavoidable reduction in staffing levels, the number of compulsory redundancies is kept to a minimum and individuals are treated fairly, in accordance with their employment rights. 2.2 This policy applies to all employees, including those on fixed term contracts where the reason for non-renewal of the contract is redundancy. 2.3 Redundancy arises when employees are dismissed because the employer has ceased, or intends to cease, to carry on the business for which the employee was employed; or the employer has ceased, or intends to cease, to carry on the business in the place where the employee was employed; or the requirements for employees to carry out work of a particular kind has ceased or diminished or are expected to cease or diminish; or the requirements for the employees to carry out work of a particular kind, in the place where they were employed, has ceased or diminished or are expected to cease or diminish. 2.4 Wherever possible, Warwickshire Police and West Mercia Police will implement measures to minimise or avoid compulsory redundancies, this may include: Restrictions on recruitment Reductions in overtime Retraining and redeployment of staff to other roles Reviewing the use of temporary or contract/casual staff Seeking requests for individuals wishing to be considered for voluntary redundancy or early retirement. OFFICIAL 2

3 2.5 Warwickshire Police and West Mercia Police recognise the legal obligations to consult fully with employees, recognised Trade Unions and staff associations. 2.6 This policy has been agreed with West Mercia and Warwickshire UNISON representatives and will be operated in accordance with the principles set out in the ACAS Guidance on Redundancy Handling. Consultation 2.7 Warwickshire Police and West Mercia Police will notify affected individuals and Trade Union representatives at the earliest possible opportunity when a potential redundancy situation has been identified. Consultation will go beyond providing information, allowing Trade Unions, Staff Associations and individuals to comment on the proposed changes and to put forward alternative suggestions to reduce or avoid redundancies. 2.8 Formal consultation will begin at least 30 days before the first dismissal takes effect where 20 to 99 redundancies over a period of 90 days or less are proposed and 45 days before the first dismissal takes effect where 100 or more redundancies are proposed. Where 19 or fewer redundancies are proposed, consultation will begin as soon as is reasonably practicable. 2.9 Individuals and Trade Union representatives will be provided with the following information: The reasons for the proposed redundancies; The numbers and categories of individuals who may be redundant; The proposed method of selecting employees for redundancy; The proposed method of carrying out any redundancy dismissals; The time period over which the redundancies may be carried out; and The proposed method of calculating redundancy payments The objectives of consultation will be to: Consider the views of individuals affected and Trade Union representatives and consider any alternative proposals they put forward; Avoid the need for redundancies or reduce the number of employees who are to be made redundant; Determine the criteria to be used to select employees for redundancy; Reach agreement where possible, with individuals or Trade Union representatives on the above issues Individuals affected by this process are entitled to be accompanied by a recognised Trade Union representative or work colleague and will have access to welfare support at all stages of the process. OFFICIAL 3

4 Selection for Redundancy 2.12 Selection criteria will be agreed as part of wider consultation with Trade Union representatives and will be applied in a reasonable, fair and objective manner. Selection criteria may differ for each redundancy proposal in order to meet organisational needs following the restructuring process. Appeal against selection for redundancy 2.13 Individuals must notify the Head of the business area of their intention to appeal against the selection decision within 7 calendar days of receiving notification. A written submission must be made within a further 7 calendar days (i.e. within 14 calendar days of notification) Appeals against selection for redundancy will be considered by a Superintendent / (equivalent level) Police Staff Manager, with an HR representative acting as an adviser. Selection decisions will not be finalised until the completion of any appeal procedure. Voluntary Redundancy and Early Retirement 2.15 In some circumstances, individuals holding similar roles as those at risk may request redundancy or early retirement. Such requests may be accepted at the discretion of the relevant Chief Officer where they would reduce the numbers of compulsory redundancies and provide financial savings for the organisation. Redeployment 2.16 Warwickshire Police and West Mercia Police will make all reasonable attempts to redeploy displaced employees to a suitable post as an alternative to redundancy With effect from the date of the notification of redundancy, displaced employees will be eligible for redeployment for a period of up to 3 months. In exceptional circumstances (for example, where an individual has a disability which might limit the availability of suitable redeployment opportunities) the redeployment period may be extended for a short period The following factors will be considered when assessing the suitability of an alternative post: whether the employee meets the essential selection criteria for the post or could do so following a reasonable period of training; the grade and status of the post; the hours of work; the location of the post The individual s redundancy notice period will run concurrently with the redeployment period Any offer of an alternative post will be subject to the completion of a 4 week trial period to enable the receiving department and the individual to assess mutual suitability. The trial period may be extended by mutual agreement where special OFFICIAL 4

5 training is required; the individual works part-time or is absent from work for an extended period due to sickness or pre-booked leave If an individual unreasonably refuses an offer of suitable alternative employment he/she will lose any entitlement to redundancy pay. Salary Protection 2.23 An individual who accepts an alternative post of a lower grade than their current post will be eligible for salary protection for a period of 1 year. The level of protection will be the lesser of: the employee s existing pay point the maximum pay point of the new grade plus 10% During the protection period the individual will not receive annual pay award increases At the end of the protection period the individual s salary will reduce to the maximum pay point of the redeployment post and annual pay award increases will recommence If a shift worker accepts redeployment to a post with standard working hours or a lower shift allowance, his/her shift allowance will be protected for a period of 6 months. However, the level of protection will be reduced where the combined total of the protected shift allowance and the basic salary for the new post would otherwise be higher than the employee s current salary and shift allowance. Additional Travel Costs 2.27 Where the new post is based at a location which is further from the individual s home than their previous base, he/she will be reimbursed for any additional travelling costs for 1 year from the redeployment date. Reimbursement will be at the agreed mileage rate (currently set at 36.9 p per mile but subject to periodic review and agreement with Trade Union representatives), or actual public transport costs, if lower. No payment will be made for additional travelling time. Warwickshire Police and West Mercia Police reserve the right to make alternative arrangements (e.g. the provision of a minibus / taxi) when cost effective to do so. Reasonable adjustments will be considered for individuals with a disability. Other Terms and Conditions 2.28 All other employment conditions and payments (e.g. annual leave entitlements; overtime pay) will be in accordance with the grade of the new post. OFFICIAL 5

6 Redundancy 2.29 If, at the end of the redeployment period, no suitable alternative post has been identified, the individual s contract of employment will be terminated on the grounds of redundancy Individuals who have a minimum of two years' continuous service (including relevant continuous service under the Redundancy Payments Modification Order) will receive a redundancy payment which is based on their age, completed years of reckonable service and normal weekly pay Warwickshire Police and West Mercia Police and Crime Commissioners (PCC) have exercised the discretion provided by the Early Termination of Employment Regulations to base redundancy payments on actual week s pay and increase the maximum number of week s redundancy pay to Warwickshire Police and West Mercia Police will not normally award additional annual pension to a member of the Scheme who is dismissed by reason of redundancy, other than in very exceptional circumstances where the financial implications can be justified in the best interests of Warwickshire Police and West Mercia Police An individual who is offered re-employment by the Warwickshire or West Mercia PCC, or accepts an offer of employment from an organisation covered by the Redundancy Payments Modification Order, which starts within 4 weeks of the date of redundancy, will lose their entitlement to a redundancy payment Individuals who have received a redundancy payment from Warwickshire or West Mercia PCC will not be re-employed on a permanent or temporary basis for at least 6 months after the date of redundancy, except where there is a critical organisational need. 3.0 IMPLICATIONS of the POLICY The legal framework for this policy arises from the following legislation: Trade Unions and Labour Relations (Consolidation) Act 1992 Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 Employment Rights Act 1996 The Local Government (Compensation for Redundancy) Regulations 1994 Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006 Continuity of Employment in Local Government (Modification) Order 1999 (as amended) The Collective Redundancies (Amendment) Regulations OFFICIAL 6

7 4.0 CONSULTATION Staff Associations 5.0 DOCUMENT HISTORY Date Author/ Reviewer Amendment(s) & Rationale Approval / Adoption April 2012 G Christie Policy approved JNCC 03/04/2012 April 2013 G Christie Consultation periods amended to reflect TULR(C)A (Amendment) Order July 2014 G Christie Include arrangements relating to the provision of additional pension in accordance with Regulation 31 of the Local Government Pension Scheme (LGPS) Regulations 2013 following a recommendation from the HR Audit. V2.0 July 2014 G Christie Include arrangements relating to the provision of additional pension in accordance with Regulation 31 of the Local Government Pension Scheme (LGPS) Regulations 2013 following a recommendation from the HR Audit. V2.0 July 2014 G Christie Remove reference to Outplacement Support as the external provider is unable to provide this service across both Forces and there are insufficient resources to deliver this service in-house. V2.0 July 2014 G Christie Increase Appeal timescales in line with other policies (e.g. Disciplinary) v2.0 12/08/ /08/ /08/ /08/2014 July 2014 G Christie Remove Redundancy Calculation table as now published on the HR website. V2.0 JNCC 30/07/2014 Jun 2016 R Willis Reviewed No Changes 15/06/2016 Jul 2016 R Willis/Tina Smith Reviewed slight amendment to wording in box 2 of flowchart and removal and addition of guidance documents v2.1 01/07/2016 OFFICIAL 7

8 6.0 PROCEDURE 1. PRE- CONSULTATION MEETING (Head of Directorate/ Dept and HR rep with TU/ Staff Associations) 2. STAFF CONSULTATION MEETING/S (Head of Directorate / business area with Staff and TU/ Staff Associations (where applicable 3. SELECTION PROCESS 4. SELECTION PROCESS OUTCOME 5. APPEAL AGAINST SELECTION FOR REDUNDANCY 6. AT RISK MEETING (Head of business area /Line Manager and Individual with TU rep/ Colleague) 7. REDEPLOYMENT PROCESS 7.0 ASSESSMENT AND ANALYSIS The Equality Analysis (EA), Health & Safety Assessment (HAS) and Risk Assessment (RA) associated with this document are available on request. OFFICIAL 8