Death in Service Policy & Procedure

Policy: D10 Death in Service Policy & Procedure Version: D10/01 Ratified by: Trust Management Team Date ratified: 11 th January 2012 Title of originator/author: HR Business Manager Title of responsible Director Director of Organisation Development & Workforce Date issued: 24 th January 2012 Review date: December 2014 Target audience: All staff Trust wide EIA Embedded Documents EIA D10 Death in Service Implementation Plan Monitoring Plan Death in Service Implementation Plan.x Death in Service Monitoring.xls Other Related Procedure or Documents West London Mental Health NHS Trust Page 1 of 11

POLICY TITLE POLICY REFERENCE NUMBER DATE OF IMPLEMENTATION DEVELOPED / REVIEWED BY Death in Service D10 24 th January 2012 HR Business Manager DUE FOR NEXT REVIEW December 2014 RESPONSIBLE DIRECTOR DISCLOSURE STATUS Director of Organisation Development and Workforce (A) (B) Can be disclosed to patients and the public Equality & Diversity statement The Trust strives to ensure its policies are accessible, appropriate and inclusive for all. Therefore all policies will be required to undergo an Equality Impact Assessment and will only be approved once this process has been completed Sustainable Development Statement The Trust aims to ensure its policies consider and minimise the sustainable development impacts of its activities. All policies are therefore required to undergo a Sustainable Development Impact Assessment to ensure that the financial, environmental and social implications have been considered. Policies will only be approved once this process has been completed West London Mental Health NHS Trust Page 2 of 11

D10 Death in Service Policy Version Control Sheet Version Date Title of Author Status Comment D10/01 September 2011 Human Resources Business Manager New Policy Amendments following initial consultation in HR and at TPF Policy sub-group. Approved by TMT on 11 th January 2012. West London Mental Health NHS Trust Page 3 of 11

CONTENTS 1 Introduction 2 Scope of Policy 3 Duties 3.1 Chief Executive 3.2 Directors and Senior Managers 3.3 Line Manager 3.4 Employee Services Dept 3.5 HR Business Partner 3.6 Head of Communications 4 Procedure Following a Death in Service 5 Death at Work 6 Completion of Leaver Form 7 Annual Leave Entitlement 8 Payment of Final Salary/Pension Arrangements 9 Attendance of Trust Representative at Deceased Employee s Funeral 10 Breach of this Procedure Appendices Appendix 1 Example Letter 1 Appendix 2 Example Letter 2 Appendix 3 Checklist for Manager action West London Mental Health NHS Trust Page 4 of 11

1 INTRODUCTION 1.1 West London Mental Health NHS Trust (hereinafter referred to as the Trust ) is committed to following best employment practices in exercising its duty of care to staff. 1.2 In the unfortunate event of a death in service, the Trust recognises the need to balance sensitivity with the practical need to administer pay arrangements during a difficult and emotional time for the next of kin. 1.3 In addition, it is accepted that the death of a colleague has a major impact on the team. Managers should ensure appropriate support is put in place/offered to colleagues through this difficult and emotional time. Consideration should also be given regarding how to inform any clients or patients of the deceased. 1.4 This policy describes the procedures that need to be followed and issues that should be considered following the death of a member of staff. It may also be used as a basis for dealing sensitively with members of staff who themselves have suffered a bereavement of an immediate member of their family e.g. issue of a letter of condolence. 2 SCOPE OF POLICY This policy applies to all staff employed by the Trust. 3 DUTIES 3.1 Chief Executive Ensures appropriate condolences are expressed at a senior level from the Trust to the next of kin and deceased member of staff s team. Where the death in service occurs in the workplace, overall responsibility for ensuring the appropriate incident procedures are implemented. 3.2 Directors and Senior Managers Responsible for ensuring that all staff with management responsibilities are familiar with the contents of this policy. 3.3 Line Manager Responsible for notifying key personnel such as the Clinical Service Unit (CSU)/Corporate Director and designated Human Resources (HR) Business Partner that a death in service has occurred. Completes a leaver form in a timely manner (see para 6). Ensures appropriate support is in place for affected colleagues. Ensures all calls and correspondence relating to the death in service are dealt with in a confidential and sensitive manner. Liaises with family/next of kin regarding whether flowers from the Trust and attendance at the funeral of managers, friends and work colleagues is acceptable. Makes appropriate purchase on behalf of Trust and is reimbursed through a receipt to Trust Petty Cash. Decides how service users or clients of deceased will be informed. Draft letter of condolence for Chief Executive to send to next of kin (there is an example at Appendix 1 that can be personalised as appropriate). Arranges for removal of the deceased employee s details from all Directorate/team West London Mental Health NHS Trust Page 5 of 11

distribution lists. Where appropriate and in conjunction with the Employee Services department, keeps the next of kin/estate informed of payment of salary arrangements (example letter in Appendix 2) Oversees the return of personal property and the collection of Trust property from the deceased member of staff s next of kin/estate. Note: It is particularly important that employees keep their next-of-kin record up-to-date in order to avoid any distress or delays in the unfortunate event of their death. Managers should be alert to any change in circumstance for members of their staff that may result in a change to the next-of-kin and ensure that Employee Services are informed of any changes promptly. 3.4 Employee Services Department Ensures timely administration of payment of salary and where appropriate pension administration. Ensures all calls and correspondence relating to the death in service are dealt with in a confidential and sensitive manner. Where appropriate, liaises with key personnel line Manager, Designated HR Business Partner, next of kin/estate of the deceased member of staff regarding final pay and pension arrangements. 3.5 HR Business Partner Provides support to the line manager in the practical application of the Trust s death in service procedure. Ensures deceased employee s details are removed from current Trust-wide circulation lists (e.g. email; staff survey) and electronic staff records. Advise Employee Services in advance of the staff leaver form being completed. 3.6 Head of Communications Where appropriate, makes arrangements for a staff obituary, press releases, liaises with outside agencies etc. 4 PROCEDURE FOLLOWING A DEATH IN SERVICE 4.1 When a death in service occurs, the deceased employee s line manager must inform the CSU/Corporate Director, Chief Executive s office, Head of Communications, Employee Services Department and the designated HR Business Partner. 4.2 The HR Business Partner shall make available the next of kin details or, in the absence of next of kin, emergency contact details 4.3 The Chief Executive will send a letter of condolence to the next of kin, drafted by the line manager. An example letter is given at Appendix 1. However careful consideration will be given to the appropriateness and circumstances surrounding the individual case in question. 4.4 The Head of Communications and CSU/Corporate Director will be responsible for cascading notification of a death in service by email to affected Trust managers and colleagues in a sensitive manner. West London Mental Health NHS Trust Page 6 of 11

4.5 Where there is likely to be press interest in a death, the CSU/Corporate Director and Head of Communications will liaise to agree a strategy for dealing with media interest. No information should be given to any external enquirer; instead, they should be referred to Head of Communications. 4.6 It is accepted that a death of a colleague has a major impact on the team. Managers should ensure appropriate support is put in place/offered to colleagues through this difficult and emotional time. Examples of this may include: involvement of staff counselling and support service spiritual and pastoral care involvement of the Occupational Health Service clinical team support to service users 4.7 A second letter will be sent within one week of the first letter to the next of kin. The letter will focus on the practical arrangements regarding payment of salary with a request for details of the executors of the estate. An example letter is given at Appendix 2, however careful consideration should be given to the wording of the letter. The coordination and responsibility of this letter will be the deceased employee s line manager in liaison with the designated HR Business Partner. 4.8 The manager is responsible for dealing sensitively with the return of personal belongings to the next of kin. 4.9 The manager is responsible for ensuring the return of Trust items e.g. keys, Trust ID badge etc. Relatives/next of kin should not be pressured immediately after the death to return such items. 5 DEATH AT WORK 5.1 A death in service in the workplace is considered a catastrophic incident and it should be immediately reported to a senior manager or manager-on-call. The Trust s Incident Reporting and Management Procedure should be consulted and investigation should immediately be instigated. It is the responsibility of the most senior member of staff on duty to ensure that the Trusts online IR1 form is completed. The manager in charge of the area should give immediate consideration to the welfare and needs of other staff and patients who may have been present at the time of the incident. 5.2 Where there is likely to be press interest in a death the CSU/Corporate Director and Head of Communications will liaise to agree a strategy for dealing with media interest. No information should be given to any external enquirer instead; they should be referred to the Head of Communications. 6 COMPLETION OF A LEAVER FORM 6.1 When a death in service occurs, the deceased employee s line manager is responsible for completing a leaver form as soon as possible. 6.2 To prevent an exit interview questionnaire being issued and to prevent unnecessary communication with the next of kin, the leaver form must state Death in Service. 6.3 The leaver form should include any outstanding annual leave owed to the deceased employee. West London Mental Health NHS Trust Page 7 of 11

6.4 The leaver form should include details of the next of kin where such detail is known. Where these details are not known, at the time of completing a leaver form, the designated HR Business Partner is responsible for forwarding these details to the Employee Services manager as soon as possible. 6.5 The designated HR Business Partner is responsible for completion of the HR section of the leaver form and would also need to advise Employee Services by phone call and e- mail in advance of a leaver form being completed to avoid any salary overpayments. 7 ANNUAL LEAVE ENTITLEMENT 7.1 An allowance equivalent to the balance of the annual leave entitlement on the date of death, calculated on a proportionate basis shall be paid to the employee s next of kin/estate. No deduction from the final salary payment, should be made in respect of annual leave taken in excess of entitlement on the date of death. 8 PAYMENT OF FINAL SALARY/PENSION ARRANGEMENTS 8.1 Employee Services cannot stop payment of salary until they have been advised by HR/or a leaver form has been received. 8.2 By law, the Trust may only discuss payment of salary with the next of kin and executors of the deceased employee s estate. 8.3 On confirmation of the executors of the deceased employee s estate, payroll will calculate any final payment due. Final payment will be by cheque to the executors of the deceased employee s estate. 8.4 Where the deceased employee was a member of the NHS pension scheme, Employee Services will liaise with the executors, next of kin and the NHS Pensions Agency about the pension administration. The deceased employee s pension and dependent s entitlement shall be processed as a priority by the pensions officer. 9 ATTENDANCE OF TRUST REPRESENTATIVE AT DECEASED EMPLOYEE S FUNERAL 9.1 In the event of a death in service, the Trust would wish to show support at a senior level to the next of kin and the deceased employee s colleagues. The Chief Executive and relevant CSU/Corporate Director in liaison with the Director of Workforce & Organisational Development shall decide on the appropriateness of senior personnel attending the deceased employee s funeral in each individual circumstance. 10 BREACH OF THIS PROCEDURE 10.1 In all cases, the Trust seeks to employ consistency and sensitivity in these matters and avoid adding to the distress of next of kin and work colleagues when a death in service occurs. 10.2 Failure to follow the actions stated in this procedure may result in needless prolonging of the processes, additional distress to the next of kin and work colleagues and adverse publicity for the Trust. West London Mental Health NHS Trust Page 8 of 11

APPENDIX 1 EXAMPLE LETTER 1 Personal Addressee Only Name of next of kin Address Dear Name of next of kin I am sorry to be writing to you under such sad circumstances, but wanted to convey, on behalf of West London Mental Health NHS Trust, our sincere condolences. We are truly sorry/shocked* to hear of (employee s full or first name as appropriate). recent death. I know that all (employee s first name) colleagues, and in particular (name of manager) his manager, would like me to pass on their deepest sympathies at this difficult time for you and your family if appropriate. There are a number of administrative activities that need to be fulfilled, but there is no urgency to complete them and we would not wish to intrude inappropriately or to add to your burden and this time. Colleagues from the Human Resources department will be in touch in due course, but if there is anything that I can do to assist you, please do not hesitate to contact me. Yours sincerely Chief Executive cc: (name) Employee Services (name) -HR Business Partner (name) -Line Manager *appropriate adjective depending on the circumstances surrounding the death West London Mental Health NHS Trust Page 9 of 11

APPENDIX 2 -EXAMPLE Letter 2 Personal Addressee Only Name of next of kin Address Dear Name of next of kin I was deeply saddened to hear of (employee s name) s death. I know that (employee s name) was a dedicated and well-respected member of the team and that all (our/employee s name as appropriate) colleagues would like to convey their deepest sympathies at this difficult time for you and your family [or similarly worded paragraph]. I am sorry to intrude at this difficult time but there are a number of administrative matters that unfortunately/regrettably need to be addressed. Obviously we will be doing all that we can to minimise the burden to you at this time. The Trust s payroll manager is completing the necessary paperwork for any monies owing. All cheques will be made payable to (employee s first name s estate. Accordingly, it would be helpful if you or another family member could provide me with the name and address of the executors. Please contact me on (telephone number) if there is anything I can do to help you, or if there is anything in this letter you would like to discuss. Yours sincerely Manager cc (insert name) Employee Services (insert name) -HR Business Partner West London Mental Health NHS Trust Page 10 of 11

APPENDIX 3 - MANAGER S CHECKLIST (Please note -the following list is a formal checklist for managers when dealing with the death of a member of staff which takes into account impacts for the affected team and arrangements necessary to maintain service area where possible.) Inform Chief Executive s office by phone ext xxxx to advise that a draft letter of condolence has been emailed so that it can be sent to the next of kin. Inform CSU/Corporate Director. Inform colleagues and others (including designated HR Business Partner, Communications and Estates if in NHS accommodation) as appropriate. Arrange for cover to meet service needs and discuss how clients or service users will be informed. Support work colleagues in dealing with distress (Counselling service or advice from OH if either deemed appropriate). Complete leavers form and telephone HR Business Partner to ensure that message is passed immediately to Employee Services Manager on xxxxxx who will inform the Pensions Officer if the deceases is a member of the NHS pension scheme.. Send Appendix 2 letter where appropriate and liaise with Employee Services to ensure timely administration of payment of salary. Liaise with family/next of kin for funeral arrangements and return of Trust property. West London Mental Health NHS Trust Page 11 of 11