Derbyshire Constabulary REORGANISATION, REDUNDANCY AND REDPLOYMENT GUIDANCE POLICY REFERENCE 05/001 This guidance is suitable for Public Disclosure Owner of Doc: Head of Department, Human Resources Date Approved: 15 March 2010 Review Date: July 2018 1
INDEX Heading Page No 1. Guidance Identification Page 3 2. Legislative Compliance 4 3. Introduction 4 4. Scope 4 5. Procedures 4 5.1 Redeployment 4. 5.2 Trial Periods 6 5.3 Definition of Redundancy 6 5.4 Consultation 6 5.5 Bumping 8 5.6 Formal Notice of Redundancy 8 5.7 Relocation 8. 5.8 Renewal of Contract 9 5.9 The Right to Take Time Off to Seek Work 9 5.10 Redundancy whilst on Career Breaks 10 5.11 Maternity Leave - Legal Rights/Redundancy during maternity Leave 10 5.12 Redundancy during Paternity/Adoption Leave 11 5.13 Record Keeping 11 6. Appeals Procedure 11 7. Appendices 12 2
1. Guidance Identification Page Guidance title: Reorganisation, Redundancy and Redeployment Supporting Guidance Registry Reference number: 05/001A Guidance implementation date: April 2010 Guidance review date: July 2018 Department / Division responsible: Guidance owner: Human Resources Head of Department Last reviewed by: Gemma Johnson Date last reviewed: July 2017 Impacts on other policies / guidance / documents (list): Redundancy Policy Family Leave Procedure Attendance Management Career Break Procedure Guidance to be published on Intranet YES Guidance to be published on Force Website YES Guidance disclosable to public via FOI request YES 3
2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act. Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. 3. Introduction Derbyshire Constabulary is committed to maintaining continuous employment for all its employees. However there will be situations where the size and nature of the workforce will be subject to change. Change can be brought about by organisational or divisional/departmental reviews or re-organisation which can be the result of internal or external factors. Derbyshire Constabulary is unable to give a guarantee that the possibility of compulsory redundancies will not arise. However, all reasonable means will be used to secure redeployment for employees whose posts become at risk through reasons of redundancy. 4. Scope This procedure applies to all members of Police Staff in a potential redundancy situation. An individual will be considered to be in a redundancy situation where the purpose, place or work of a particular type has diminished or ceased, resulting in the need to employ fewer staff of a particular type or number and where a suitable alternative role cannot be identified. Redundancy is one of the most difficult events an employee may experience. Announcement of redundancies will invariably have an adverse impact on morale, motivation and productivity. Derbyshire Constabulary aims to ensure that this process is applied in a fair, transparent and consistent manner for all concerned. 5. Procedures 5.1 Redeployment (also refer to Redeployment Procedure) If a relevant vacancy is available, the employee should be offered the post ahead of external candidates. Staff will continue to receive support from their line managers and HR. They will be offered suitable work and provided with appropriate learning and development opportunities. Staff will also remain on their department/division s cost centre until successfully redeployed (any retraining costs to be met by the relevant department/division). 4
In determining whether a post offers suitable alternative employment, the following factors should be taken into account: - Grade Status and job content Location Work environment Hours of work Security of employment staff offered a fixed term contract will not lose their permanent status and will be placed on the Redeployment Register again 3 months from the end of the contract. Training Staff will remain on the Redeployment register for a period in line with the Restructuring, Redeployment and Redundancy Policy. In the case of Fixed Term/temporary staff, the period of time on the Redeployment register will not exceed the terms of their employment contract. During this time, priority will be given to managing staff into a post for which they have a broad match of competencies. This process will continue during the contractual notice period. Staff are expected to accept a post offered to them provided where there is a broad match in total remuneration package, offers a reasonable skills match, does not involve undue additional travel time and reflects the individual s current contract of employment in terms of hours and working pattern. If a member of staff refuses a post, they are required to do so in writing explaining their reasons for refusal within 14 days of receipt of the written offer. Employees who unreasonably refuse an offer of suitable alternative employment must be advised they may lose any entitlement to a redundancy payment. If redeployment is not secured whilst on the Redeployment Register, or if 3 reasonable offers have been refused, termination of the contract may be an outcome. Appropriate notice periods will be served. The Line Manager will hold monthly reviews whilst staff are on the Redeployment Register. The reviews will be used formally to discuss and record progress. In discussion with the individual, the manager should identify whether any further training and development opportunities may be appropriate. The HR department is responsible for assessing if an individual has been active in the search for redeployment. They will assess whether the member of staff has refused to apply for, or been offered and declined an offer of suitable alternative employment and the reasons for this. A record must be kept of the reasons why roles have not been taken and reasons. This should be included in any subsequent business case for release from the Force. 5.2 Trial Periods Trial periods cannot be offered where a candidate has been unsuccessful for an advertised post. 5
If the dismissal is due to a reason unconnected with redundancy e.g. gross misconduct the employee may lose that entitlement. It may be appropriate to offer the individual access to outplacement services where there are reasons to believe that the individual may have difficulty finding suitable alternative employment. If, at any stage, it becomes apparent that the possibility of redeployment within the Force is unlikely, the HR department will consider the individual s skills and experience and the likelihood of effecting a successful re-deployment. They will need to discuss and agree with the individual, what further training or guidance might help them find a permanent post and what other options are available for the future. 5.3 Definition of Redundancy Dismissal is by means of redundancy if it is attributable wholly or mainly to the following: - a) The employer has ceased or intends to cease: - i. Carrying on the business in which the employee was employed. ii. Carrying on the business in the place where the employee was employed. OR b) The requirements of the business for employees: - i. To carry out the work of a particular kind. ii. To carry out the work of a particular kind in the place where the employee was employed have ceased or diminished or are expected to cease or diminish. For the full statutory definition please refer to s.139(1) Employment Rights Act 1996. 5.4 Consultation Where the Authority proposes changes which will result in collective redundancies, this gives rise to an obligation to consult UNISON regarding the reasons for the closure. At the earliest opportunity and throughout the process, it is important that line managers and HR representatives consult with all the affected employees within the relevant formation about what is happening and any developments that are taking place. This applies both to staff who may personally be at risk of redundancy and immediate colleagues who are not. Consultation should take place; Regardless of the number of hours worked by the employee. Whether the redundancies are compulsory or voluntary. Whether or not the employee is a member of UNISON. Before consultation can begin, an Authority will need to provide information to UNISON in a proper form containing: - The rationale for the proposals. The number and description of employees the Authority is proposing to make redundant and details of posts to be withdrawn. 6
The total number of employees of that description employed by the Authority at the establishment. The proposed method of selection. The proposed procedure to be followed in carrying out the dismissals (including the time frame). The proposed method of calculating redundancy payments. The Authority in its consultation with UNISON, will be seeking: - Ways of avoiding the redundancies. Ways of reducing the number of redundancies. Ways of mitigating the consequences of the redundancies. Among the courses of action to be considered in consultation with UNISON are: - Reduction in the use of temporary staff where the force s own staff can be transferred to provide the same service. Natural wastage. Reduction in overtime working where this would provide additional employment opportunities. A halt to normal recruitment until staff on the redeployment register have secured alternative posts or internal only advertising. This restriction on recruitment may not apply to specialist posts, which could not be resources from within. Offer voluntary redundancy or retirement to specific categories of staff that could be released to provide job opportunities to displaced staff. Introduction of short time working. Release of police officers to front line policing roles and back filling by police staff to create redeployment opportunities. Consideration of home/remote working opportunities in order to achieve savings e.g. accommodation. Offering sabbaticals. Consideration of short-term working arrangements. Consideration of asking staff to work reduced hours or voluntary pay cuts. Deferring the start date of new joiners. Where the Authority proposes the closure of premises which will result in collective redundancies, this gives rise to an obligation to consult UNISON regarding the reasons for the closure: - In this context, since the closure will inevitably (or almost inevitably) result in redundancies, dismissals are proposed at the point when the closure is proposed. The duty to consult arises when the closure is fixed as a clear, albeit provisional, intention. It does not arise at any earlier point when the closure is merely mooted as a possibility. The obligation to consult over avoiding the proposed redundancies inevitably involves engaging with the reasons for the dismissal and that in turn requires consultation over the reasons for the closure. Consideration of selection criteria will include any financial, organisational, operational, legal and equality impact assessment implications. 7
5.5 Bumping This may include terminating the employment of another individual, not directly affected by the proposed redundancy, in order to create a vacancy (which would be a less senior position) to which the potentially redundant employee can be transferred. This usually arises where the bumped employee has indicated their wish to take Voluntary Redundancy/Early Retirement. However, the financial implications, skills of the individual and needs of the service must be carefully evaluated prior to any decision being made. 5.6 Formal Notice of Redundancy The dismissal will be confirmed in writing and staff will receive the appropriate period of notice. This will commence at the end of the period or redeployment activity. The minimum amount of notice given will be equivalent to that which the individual is entitled under their terms and conditions of employment. Where, in exceptional circumstances this is not possible, the employee will receive payment in lieu of notice for any shortfall in notice given. To qualify for a redundancy payment, the member of staff must have a minimum of 2 years continuous service with Derbyshire Police. Continuous service with bodies listed in the Redundancy Payments (Local Government) (Modifications) Order will normally count in the calculation of a redundancy payment. An employee can lose their right to a redundancy payment if:- They are re-instated or re-employed in suitable alternative employment within a certain period of time. They unreasonably refuse to accept or apply for suitable alternative employment or unreasonably terminate a trial period. They are dismissed for gross misconduct. They leave their employment before the Force has served notice of termination. They leave their employment before the expiry of the notice period except where this has been mutually agreed. A member of staff resigns from their employment before expiry of their 3 month redeployment activity, unless by mutual agreement where no suitable alternative employment has been, or is likely to be found. At the date of termination of the contract they have obtained without break, or with a break not exceeding 4 weeks, suitable alternative employment with this or another body on the Redundancy Payments (Local Government) (Modifications) Order. A list of the organisations is held by the Employee Relations Manager. Efforts to re-deploy the member of staff in accordance with the Redeployment Procedure will continue throughout the notice period for those compulsorily redundant. 5.7 Relocation Where this is required, staff are expected to consider any suitable alternative post taking account of their current travelling time and arrangements and their personal circumstances. However, if an employee can show that they have reasonable grounds for refusing such an offer of alternative employment or for refusing to apply for a suitable vacancy that has been notified to them, this will be considered on an individual basis. If an employee is unable to relocate they will be placed on the redeployment register. 8
Relocation assistance will only be considered for staff who reside more than 25 miles from their new place of employment. In such cases a request setting out the reasons should be forwarded to the HR department, who will consider on a case by case basis. Where, because of redeployment/potential redundancy, suitable alternative employment is found, the Derbyshire Constabulary will pay excess travelling costs. The costs will be the difference between the previous home to base costs and the new home to base costs. The excess travelling costs are calculated at the approved mileage rate and are currently payable for 24 months up until 1 April 2018 after which the mileage rate will only be payable for 12 months unless the employee moves home, changes job with the Force or leaves the employment of Derbyshire Constabulary. Excess travelling time will not be granted. 5.8 Renewal of Contract or Re-engagement An employee is considered not to have been dismissed or to be entitled to a redundancy payment if they: - Accept an offer of a renewed, identical contract and starts work within four weeks of redundancy. Accept an offer of a new, identical contract made before their redundancy and starts work within four weeks of the redundancy. Accept an offer of a renewed contract with different terms; starts work within four weeks of the redundancy and works a successful trial period. Accept an offer of a new contract with different terms, made before the redundancy, starts work within four weeks of the redundancy and works a successful trial period. A redundancy payment might also not be made: - Where the offer of the renewed or new contract is on the same terms as the old employment and the employee unreasonably refuses it. Where the offer of the renewed or new contract is on different terms, is suitable and the employee unreasonably refuses it. The offer of the renewed or new contract is suitable; the employee accepts it and then unreasonably terminates it during the trial period. 5.9 The Right to Take Time Off to Seek Work Employees who have been given notice of termination for redundancy have a right to request time off work to make arrangements for their future. While they do not have an absolute right to the time off work, they have a right not to be unreasonably refused it. If they are given time off work, they are entitled to a proportion of their normal weekly pay for the time taken. The right is to request time off: - To look for new employment or to make arrangements for training for future employment. During working hours this is time when the employee s contract of employment requires them to be at work. To the extent that is reasonable in the circumstances the circumstances may include how soon the dismissal is going to take effect, how difficult it is going to be 9
for the employee to find work, what arrangements the employee is proposing and the requirements of the Force for the employee to remain at work. Payment for time off will be paid at the base hourly rate for the role. 5.10 Redundancy whilst on Career Breaks The line manager will ensure that employees on career break are informed of any proposed restructures and dealt with under terms of their contract of employment and this policy. The HR department will advise the line manager on any queries in relation to the application of this policy and the terms and conditions of employment pertaining to the career break. Staff may be placed on the Redeployment Register prior to returning to work. 5.11 Maternity Leave legal rights All women who take the period of ordinary maternity leave or extend this by the period of additional maternity leave are entitled to return to the same job on the same terms and condition as if they had not been absent, unless a redundancy situation occurs. This will also apply if the employee has taken a period of parental leave immediately after the period of maternity leave. If a new job is to be found it must be such that the work to be done by the employee is both suitable and appropriate in the circumstances. The capacity and place in which the employee is to be employed and the other terms and conditions of her employment are no less favourable than if she had continued to be employed in her old job. Staff returning from maternity leave will return to their previous post if this remains in the new structure. Where staff on maternity leave are at risk of redundancy and are part of a pool of staff where de-selection will take place, such staff will form part of the de-selection process. The criteria for de-selection will ensure that there is no unfair advantage arising from the pregnancy or period of maternity leave (Case law Eversheds v DE Belin applies). Redundancy during Maternity Leave Selection for redundancy due to maternity leave is automatically unfair. If a redundancy situation arises during the period of ordinary or additional maternity leave which makes it impracticable for the organisation to continue to employ her and she is placed on the Redeployment Register she must be offered any suitable post available. The new contract must take effect immediately on the ending of the old one and must be in line with the offer of a job as above. If there is a suitable alternative vacancy but it is not offered, the redundancy dismissal will be regarded as an unfair dismissal due to sex discrimination. Employees on maternity leave and who are placed on the Redeployment Register have the right to be offered a suitable vacancy without competition, even if there are other suitably or better qualified candidates. The vacancy can be offered before the end of the planned maternity leave and the employee can choose to end her maternity leave earlier if she wishes, provided she gives notice of this. It may be necessary to consider if it is possible to keep the vacancy open until the return or if the role should be filled on a temporary basis. 10
If the member of staff qualifies for statutory maternity pay, it must be paid for 39 weeks even if she is made redundant before or part way through maternity leave. If the member of staff is receiving SMP only, this should normally be topped up to the equivalent of full pay during any notice period. 5.12 Redundancy during Paternity Leave and Adoption Leave The Children and Families Act 2014 provide protection for an employee being selected for redundancy whilst on additional paternity (adoption) leave. If redundancy arises there is an obligation to offer any suitable vacancy in the same way as for women on maternity leave. If the employee cannot be permitted to return to their previous role due to redundancy, they must be offered a suitable alternative vacancy where one is available. This means that such an employee will be treated more favourably than any other potentially redundant employees. This only applies to terminations by reason or redundancy and not dismissals for other reasons. Alternative work offered must be suitable and appropriate and on no less terms and conditions of employment. 5.13 Record Keeping Line Managers and HR representatives must keep adequate and appropriate records for each stage of the process (refer to Redeployment Procedure). Records must be kept where; 1. Meetings are held with UNISON (refer to template for Consultation and Consultation Record). Any feedback and proposals for mitigation as a result of consultation should be documented. 2. A record of when consultation has been completed (Consultation Record). 3. The member of staff applies for a role but was not selected. Feedback received from each recruitment exercise must be retained, along with the record of the discussion between the individual and the key manager. 4. A trial period was undertaken but did not result in a permanent transfer. The reason for this must be recorded and retained with comments received from the line manager during the trial period and the record of the subsequent review with a representative from HR. 5. The member of staff was offered a post but declined. The reason for not accepting must be submitted in writing by the individual and the HR department must discuss and agree with the individual at the time that the reasons for not accepting the offer are justified. A record of the reasons and confirmation that they are justified must be kept. 6. Appeals Procedure The appeal will be considered by a panel comprising the Head of HR, Employee Relations Manager and independent HR Manager not involved in the original decision(s): - 11
An appeal must be lodged with the Employee Relations Manager within 5 days of receiving notification of a decision. The appeal should state the precise grounds for the complaint and provide evidence as to why they have been unfairly treated. The relevant Head of Department will be required to provide a background report in respect of the appeal and reasons for the selection criteria and/or redundancy. The panel will convene as soon as possible, in any case where possible within 10 working days during which time the process will be suspended. The panel will consider the following, as appropriate, when making a decision on the appeal: - - Grade of role - Status - Location - Duties and responsibilities/job content - Hours of duty - Line management - Work environment - Training required 7. Appendices Appendix A Roles and Responsibilities 12
0ROLES AND RESPONSIBILITIES Appendix A HEADS OF DEPARTMENTS/DIVISIONAL COMMANDERS To develop restructuring plans including: - - Assessing the impact of undertaking work with fewer staff - Developing new ways of working and new organisational models - Where appropriate, redesigning jobs and streamlining processes - Consulting UNISON and staff associations on restructuring plans To oversee implementation of the plan in their unit, including: - - Monitoring progress through regular discussion with line managers to ensure fairness and effective delivery - Providing support to line managers, as needed - Ensuring effective communications to staff impacted by restructuring To give direction and support to line managers during restructuring To maintain high levels of efficiency and productivity during the restructuring process and maintain business as usual. LINE MANAGERS To manage the process of restructuring their staff/teams as per their restructuring plan. To guide, manage and support each member of his or her staff through the restructuring process. To manage the process, with support from HR, of filling positions in their restructured section, including: - - Developing job overview documents for new or changed jobs. - Deciding which jobs should be subject to slotting in, limited and open competition. - Managing the interviewing/selection process - Advising staff of the outcome and providing feedback - Reporting to senior line managers progress on restructuring Liaising with UNISON workplace representatives To provide or identify sources of practical support for any team member including referral to CiC/Occupational Health Unit as necessary To manage staff into the new organisational structure To identify appropriate training and development opportunities for staff MEMBER OF STAFF To apply for all posts where the essential criteria is met To accept an offer of suitable alternative work in terms of skills, pay range, hours of work and location unless there are compelling reasons/circumstances why this cannot be accepted. To prepare for an attend job interviews in a positive manner To attend reviews with line manager and HR representative To seek and act upon feedback from any unsuccessful applications To maintain a record of applications and outcomes for discussion To undertake training and development to assist in seeking alternative employment 13
ROLE OF HR To provide senior management with appropriate HR support to enable them to implement their restructuring plans. To advise on the timing, approach and methods to achieve the planned restructuring To ensure that the restructuring exercise is properly planned and resourced To ensure that line managers are properly advised and prepared to carry out their restructuring responsibilities To work with Head of Department/Divisional Commander to: - - Advise them on the future shape and size of formations - Decide on selection method to be used in each case (slotting in, or limited or open competition) and ensuring consistent standards are applied, challenging managers where necessary to maximise opportunities for redeployment - Ensuring that each unit s restructuring plan is compliant with this policy To audit the Redeployment Register and liaise with the Service Centre to ensure that it is up to date To work with other HR representatives to manage cross-departmental and crossdivisional redeployment and to advise on any available release options To provide line managers with advice on selection process and sit on selection panels as necessary To ensure staff on the Redeployment Register receives help to find alternative employment Liaison with UNISON representatives To manage the staff on the Redeployment Register and ensure that the opportunities for redeployment are maximised 14