organisational change management16...organisational change management policy for use in: all areas...

Source: HR & Communications Directorate Status: Approved Document Ref: PP(16)022

Issue Date: August 2016 Review date: August 2019 of 21

Trust Policy and Procedure Document ref. no: PP(16)022

Organisational Change Management Policy

For use in: All areas of Trust clinical and non-clinical

For use by: All staff groups

For use for: Managing the process of major organisation restructures and changes to working practices

Document owner: Executive Director of Workforce and Communications

Status: Approved

Purpose of this document To give clear guidance on the correct process to be followed for organisational change and changes to working practices so as to support both managers and staff.

Contents Page 1. Introduction 2 2. Scope of Policy 3 3. Formal Collective Consultation

Providing Information Consultation

3 3 4

4. TUPE Informing under TUPE Consulting under TUPE

5 5 6

5. Changes to Working Practices Changes to Job Descriptions Withdrawal of regular overtime Merger of two services New Working Practices, new technology Communication with Staff Affected

6 6 6 7 7 7

6. Workforce Controls and Advertising Restrictions

Workforce Controls Advertising Restrictions

7 7 8

7. Individual one to one consultation meetings 10

8. Redundancy

Right of Appeal Time Off From Work to Seek Employment Notice Period

11 11 11 11

9. Redeployment 11



Redeployment Register “Slotting In” Competition Posts Ring Fencing of Vacant Posts

12 12 12 13

10. Suitable Alternative Employment 13

11. Employee Assistance Programme 14

12. Protection of Pay and Conditions of Service Introduction Scope Definitions

15 15 15 15

13. Short Term Protection of Earnings 16

14. Long Term Protection of Basic Wage or Salary 16

15. Entitlement to both Short-Term and Long-Term Protection

17

16. Annual Leave 17

17. Exceptions 17

18. Review and Monitoring 17

19. Document Configuration 18

Appendices

Appendix 1 Organisational Change Management Pathway 19

Appendix 2 Consultation Paper Template 20

Appendix 3 1.1 Interview Record Form 21

1 INTRODUCTION

1.1 This policy replaces the following policies, which will cease to exist in their own right.

1.1.1 STAFF AFFECTED BY CHANGE POLICY - PP()022. 1.1.2 ADVERTISING RESTRICTION POLICY - PP()023 1.1.3 SECTION 6 – PROTECTION OF PAY & CONDITIONS OF EMPLOYMENT -

PP()057

1.2 West Suffolk NHS Foundation Trust believes that an integral feature of any successful

organisation is its ability to identify the need for change and to manage that change, taking into consideration key Trust objectives and the ability of staff to adapt to new ways of working, either in the use of different skills or in different posts and grades.

1.3 This policy is designed to support both staff and managers through periods of organisational

change, which can be an anxious time, by setting out agreed good practice and processes to minimise any anxiety and ensure staff receive all necessary information and are given appropriate opportunities to discuss any changes with their managers.

1.4 The objective of the Trust is to treat all staff whose job may be affected by organisational

change in a fair and consistent manner whilst ensuring the highest possible standard of patient care. The Trust believes that with proper planning and establishment of efficient systems of redeployment and vacancy control, redundancies can be kept to an absolute minimum.

1.5 Employment policies and procedures in the Trust reflect the Trust’s view of the importance of

its employees and of their contribution to the efficiency of the organisation. With this in mind



the Trust’s desire, where possible, will be to maintain security and continuity of employment. To this end, when necessary, the Trust will introduce appropriate workforce controls, whilst ensuring that the balance of skills and experience within the remaining workforce is appropriate to the future needs of the organisation. By working in partnership with relevant organisations, the Trust will also seek to exploit redeployment opportunities elsewhere in the health economy.

1.6 At all stages of the change process staff will be encouraged to seek advice and support from

their Trade Union representatives and the HR & Communications Directorate. 1.7 The arrangements for organisational change will take into account the Trust’s commitment to

equal opportunities and any procedures that are implemented will be in accordance with the Trust’s Equal Opportunities Policy (PP()021).

1.8 Should a Grievance be raised during the consultation process where the issues directly relate

to the proposal for change the Trust will continue with the consultation process. However, if there are still issues of concern that the consultation has not addressed these will be dealt with at the end of the consultation process.

2 SCOPE OF THIS POLICY

2.1 This policy provides guidance to be followed in respect of a wide range of situations including, in particular, situations which potentially involve staff redundancies or which involve the transfer of staff under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). These may include the closure of a specific service or facility, a decision to outsource a service previously provided in-house, a decision to provide a new service or facility where that decision has implications for existing Trust staff or a specific and identifiable programme of organisational change to achieve efficiency savings. This policy also provides guidance where there are to be changes to working practices and terms and conditions of employment but where there are no potential redundancies.

2.2 Any manager who is considering a major restructure or organisational change should always

take advice from the HR & Communications Directorate at the earliest opportunity. 2.3 The Trust’s approach to the organisational change is summarised in the Organisational

Change Management Pathway at APPENDIX 1 which should be read in conjunction with the guidance set out below. This policy is intended as guidance only, and the sections of this policy below which need to be followed in each situation will differ depending on the circumstances. Advice should be sought from the HR & Communications Directorate where there is any doubt as to the application of the following sections.

3 FORMAL COLLECTIVE CONSULTATION

3.1 If the organisational change being considered affects 20 or more employees or may involve the Trust having to propose that 20 or more employees are dismissed within a period of 90 days or less, the Trust will enter into formal collective consultation with its recognised Trade Unions, as the appropriate representatives of the employees concerned.

3.2 This formal collective consultation should consist of 2 broad stages. Firstly, the provision of

information about the proposals. Secondly, consultation on those proposals with a view to reaching agreement.

Providing Information



3.3 The first stage in the formal collective consultation process is to provide the Trade Union Representatives with information, including the details of any proposed redundancies. The following information should be provided as a minimum:

3.3.1 the reasons for the proposal; 3.3.2 the reason for any proposed dismissals; 3.3.3 the numbers and descriptions of employees who are affected, including in particular

the numbers and descriptions of employees who are at risk of redundancy; 3.3.4 the total number of employees of any such description employed by the Trust; 3.3.5 the proposed method of selecting employees who are at risk of redundancy; 3.3.6 the proposed method of carrying out any dismissals, with due regard to any agreed

procedure, including the period over which the dismissals are to take effect; and 3.3.7 the proposed method of calculating the amount of any redundancy payments to be

made (over and above the statutory redundancy payment) to employees who may be dismissed.

3.4 This information must be set out in writing and may be either delivered to the appropriate

representatives individually, sent by post to an address notified by them to the Trust or, in the case of trade union representatives, sent by post to the union's head or main office.

Consultation

3.5 The consultation process itself must include consultation about:

3.5.1 ways of avoiding any proposed dismissals which should include consultation regarding the business reasons for any proposed redundancies;

3.5.2 reducing the number of any proposed dismissals; and 3.5.3 mitigating the consequences of any proposed dismissals.

3.6 In all cases consultation should be meaningful and must be undertaken with a view to

reaching agreement with the Trade Union Representatives. Formal consultation that is meaningful should be able to demonstrate that staff have been listened to and where appropriate their suggestions incorporated into the proposal. Formal minutes of consultation meetings will be taken and circulated to the appropriate parties. A formal written response with reasons will be given if Trade Union or staff put forward alternative proposals that the Trust are not able to accommodated into the consultation.

3.7 The length of the consultation process will depend on the complexity and size of the change

and the amount of additional information requested by staff and the Trade Union Representatives. The normal stages of a formal consultation process are as detailed:

First Formal Meeting – Manager presents the formal proposal, and gives staff a

written copy of the proposal. Initial questions can be asked and where possible answered during the meeting.



Individual 1.1 Meetings – all staff are entitled to an individual 1.1 meeting with the

Manager, HR and their Trade Union Representative to discuss their personal circumstances and concerns.

Second Formal Meeting – Staff can ask further questions, and make alternative

proposals that will be considered by Management.

Final Formal Meeting – Management give a formal response to any alternative

suggestions and confirm the final version of the change and agree implementation dates.

3.8 It is essential that sufficient time is allowed for managers to properly consider alternative

suggestions before deciding on the way forward. 3.9 The majority of organisational change within the Trust will not involve staff redundancies. If,

however, there are likely to be redundancies there is a minimum period between the start of the consultation and the date that any actual dismissals take effect. The length of the minimum period depends on the number of likely redundancies:

3.9.1 if the Trust is proposing to make 20 - 99 employees redundant, it must begin the

consultation at least 30 days before any dismissals take effect 3.9.2 if the Trust is proposing to make 100 or more employees redundant, it must start

the consultation at least 90 days before any dismissals take effect.

3.10 Any manager who is considering a significant restructure or change should always take advice from the HR & Communications Directorate at the earliest opportunity. Managers must produce a formal consultation document to support the process, for the purposes of discussion with HR. A template is set out at APPENDIX 2.

4 TUPE

4.1 Where the organisational change being considered amounts to a relevant transfer under TUPE, the Trust will ensure that TUPE is strictly adhered to so as to ensure staff are protected by their terms and conditions being maintained in accordance with TUPE.

4.2 In any circumstances in which employees of the Trust may be affected by a relevant transfer

under TUPE the Trust will comply with its obligations to inform and consult Trade Union Representatives of any affected employees as set out in TUPE.

Informing under TUPE

4.3 Long enough before the relevant transfer to enable the Trust to carry out any necessary consultation with the appropriate representatives of any affected employees the Trust will give the following information to the relevant recognised Trade Union Representatives of the affected employees:

4.3.1 the fact of the transfer, the date (approximately, if necessary) when it is to take

place and the reasons for it; 4.3.2 the legal, economic and social implications of the transfer for the affected Trust

employees;



4.3.3 the measures which the Trust envisages it will take in connection with the transfer in relation to "any affected employees" or, if no measures are to be taken, that fact. The term "measures" covers any "action, step or arrangement" taken in connection with the transfer.

4.3.4 information about any measures that the employer to whom employees are

transferring envisages it will take in relation to the transferring employees in connection with the transfer or, if the new employer envisages taking no measures, that fact.

4.4 This information must be given to each of the employee representatives, sent by post to an

address that they have provided to the Trust or (in the case of representatives of a trade union) to the union at its head or main office.

Consulting under TUPE 4.5 If the Trust envisages that it will take measures in relation to any affected employee, in

connection with the relevant transfer, it shall consult the Trade Union Representatives with a view to seeking agreement as to the intended measures.

4.6 Formal consultation that is meaningful should be able to demonstrate that staff have been

listened to and where appropriate their suggestions incorporated into the proposal. 4.7 The length of such a consultation process will depend on the complexity of the proposed

measures. 4.8 In any consultation it is essential that sufficient time is allowed for managers to properly

consider alternative suggestions before deciding on the way forward. 4.9 Any manager who is considering a significant restructure or change should always take

advice from the HR & Communications Directorate at the earliest opportunity. Managers must produce a formal consultation document to support the process, for the purposes of discussion with HR. A template is set out at APPENDIX 2.

5 CHANGES TO WORKING PRACTICES

5.1 On occasion changes to working practices will be required to establish more efficient systems of care and to ensure the highest possible standard of patient care. Set out below are a range of such changes which potentially have an impact on the terms and conditions of employment, but which do not involve potential redundancies or major changes. Where there are difficulties in agreeing such changes with an employee, they will be entitled to be supported by a Trade Union Representative or work colleague.

Changes to Job Descriptions

5.2 There will be times when changes may need to be made to an employee’s job description to

ensure that it is relevant to the changing needs of the service. In these circumstances the manager will meet formally with the employee, explain the changes and the need for the changes and seek to agree the new job description. Managers should give contractual notice to the employee to implement the changes.



Withdrawal of regular overtime

5.3 Managers should meet formally with staff to advise if regular overtime is to be withdrawn,

explaining the reasons. Managers should give contractual notice to the employee to implement the changes.

Merger of two services

5.4 Managers should meet individually with all staff involved. Managers should give contractual

notice to the employee to implement the merger. New working practices, new technology

5.5 Managers should meet individually with all staff affected by the introduction of new practices.

Training and development on the new system/practices should be offered to all staff. It may be necessary for managers to give contractual notice to the employee to implement the new ways of working.

5.6 Any manager who is considering a significant restructure or change should always take

advice from the HR & Communications Directorate at the earliest opportunity. Managers must produce a formal consultation document to support the process, for the purposes of discussion with HR. A template is set out at APPENDIX 2.

Communication with Staff Affected

5.7 Managers should ensure that their communication processes reach all the staff who are

affected by the proposed change. This means identifying communication mechanisms that will include:-

Staff on Maternity/Paternity Leave.

Staff working at another site.

Staff whose working patterns make it difficult for them to attend meetings.

Staff on Extended Carers Leave.

Staff on long term sick leave.

Staff on secondment who will be returning the ward/department.

Staff who are suspended from duty. Managers should arrange consultations meeting at times and locations that will maximise the number of staff who can attend and the minutes of such meetings should be circulated to all staff affected by the change. Staff who are unable to attend consultation meetings should have access a mechanism that allows them to raise questions or concerns and receive a response. This can be done on an individual basis (if appropriate) or a group approach such as channeling all issues through Trade Union Representative, however it is very important that all staff are included in the communication process.

6 WORKFORCE CONTROLS AND ADVERSTISING RESTRICTIONS

6.1 To assist the Trust in avoiding compulsory redundancies arising from organisational change, the Trust will always consider introducing appropriate workforce controls and advertising restrictions during any period of organisational change.

Workforce Controls



6.2 In considering which workforce controls may be appropriate the Trust will ensure that the balance of skills and experience within the Trust’s workforce is appropriate to the future needs of the organisation. Workforce controls which may be considered include:-

6.2.1 Restricting recruitment and/or ring fencing posts in accordance with the provisions

of this section of this policy set out below. 6.2.2 Redeployment within the Trust or where feasible elsewhere in the National Health

Service or the local health economy. 6.2.3 Retraining of staff where appropriate to maximise redeployment opportunities,

although the extent to which retraining can be provided will be determined by the exigencies of the service.

6.2.4 Voluntary reduction in hours. 6.2.5 Voluntary redundancies where appropriate (and at the discretion of the Trust). 6.2.6 Phased reduction of staff in the light of known labour turnover rates. 6.2.7 Reduction in overtime, bank, agency and enhanced pay (which could yield financial

savings and, subject to workforce plans, create jobs).

Advertising Restrictions

6.3 It may also be necessary for the Trust’s management to invoke Advertising Restrictions

during, or even ahead of, times of organisational change in order to control recruitment and maximize redeployment opportunities in anticipation of staff being deemed as ‘at risk’ of redundancy.

6.4 During any period of Advertising Restrictions vacancies within the Trust will be placed in one

of the following categories by the Trust’s HR & Communications Directorate:-

6.4.1 Category A - Internal Restricted Only - Posts in this category will be available only to West Suffolk Hospital staff on the Redeployment Register (see Section 6.5.3).

6.4.2 Category B – Internal Only - Posts in this category will be restricted to applicants

currently employed within the Trust. 6.4.3 Category C – External – In exceptional circumstances posts would be placed in this

category and advertisements placed immediately on the NHS Jobs website in the first instance.

6.4.4 Category D – External NHS – During regional or national reorganisations additional

advertising systems maybe agreed, e.g. regional clearing house. When such situations arise additional guidance will be provided.

6.5 During any period of Advertising Restrictions the process will be as follows:-

6.5.1 The service manager will complete a Vacancy Approval Form (VAF) and once authorised forward to the HR & Communications Directorate.

6.5.2 On receipt of a VAF the Trust’s HR & Communications Directorate will decide on

the appropriate category of advertisement for the post.



6.5.3 In the case of Category A posts:-

(i) The Trust’s HR & Communications Directorate will check the Redeployment Register for staff eligible to apply and, if such staff are identified, then the advertisement will automatically be restricted to this category in the first instance.

(ii) The vacancy details will be sent to all staff on the Redeployment Register

who are qualified to apply and, if known, have indicated a wish to work in a particular area. ‘Qualified’ means that an individual holds the appropriate professional qualifications or has the skills and abilities to undertake the post with training. The possibility of a job share or other flexible employment package should be considered to assist in redeploying staff.

(iii) Shortlisting and appointment to posts in this category are the decision of

the appointing officer in accordance with the Trust’s Recruitment and Selection Procedures Policy PP()049. Full reasons for the non-appointment of shortlisted applicants must be recorded on the NHS Jobs system and local interview records.

(iv) The appointing officer retains the right of ‘choice of appointment’ and

therefore does not necessarily have to make an appointment at this stage if no suitable applicant comes forward.

6.5.4 In the case of Category B posts:-

(i) This category will only be used in the following circumstances:-

(A) if there are no staff on the Redeployment Register identified as suitable applicants; or

(B) if no appointment is made after interview for a Category A post; or (C) to enable the possible ‘freeing-up’ of other posts within the Trust that

may result in a Category A post becoming available.

6.5.5 Shortlisting and appointment to such posts will be the decision of the appointing officer in accordance with the Trust’s Recruitment and Selection Policy PP()049. Full reasons for the non-appointment of shortlisted applicants must be recorded on the NHS Jobs system.

6.5.6 In the case of Category C posts:-

(i) This category will only be used in exceptional circumstances if no appointment is made after the process has been followed for Categories A and B and examination of the Redeployment Register indicates that there is no-one qualified to apply for the post and appointment of somebody who is not “at risk” of redundancy in the Trust would not free a post for those who are “at risk” of redundancy.

(ii) Advertisements for such posts may be placed immediately on the NHS

Jobs site in the first instance. The reasons for proceeding directly to



external advertisement must be documented in case there is need to justify such action at subsequent claims for unfair dismissal either through appeal or Employment Tribunal.

6.6 If managers require advice or guidance in respect of any part of the above process they

should contact the HR & Communications Directorate.

7 INDIVIDUAL ONE TO ONE CONSULTATION MEETINGS

7.1 In any situation involving potential redundancies, redeployment of staff or changes to working practices, all staff who are affected will be offered the opportunity of at least one individual 1.1 consultation meeting with their Line Manager and a representative from HR to discuss their own circumstances, opportunities and concerns regarding the proposal. This should take place even if formal collective consultation has occurred. In a potential redundancy situation more than one individual 1.1 meeting is likely to be required. At such meetings all staff can be supported by a Trade Union Representative or a work colleague acting in a non-professional capacity and the employee should make these arrangements for themselves.

7.2 In a potential redundancy situation these individual consultation meetings with affected staff

will include:-

7.2.1 An opportunity for the employee to comment on the basis for selection, both in terms of the pool and the selection criteria.

7.2.2 An opportunity for the employee to challenge their redundancy selection

assessment and to explain any factors that might have led to their selection and of which their employer might not have been aware.

7.2.3 An opportunity for the employee to put forward any suggestions for ways to avoid

their redundancy. 7.2.4 Consideration of any alternative employment positions that may exist. In respect of

which consideration should be given to the sections on Redeployment, Suitable Alternative Employment, Slotting In and Pay Protection below

7.2.5 An opportunity for the employee to address any other matters or concerns that they

may have.

7.3 At an appropriate point during the process of individual 1:1 meetings a One to One Interview Form (APPENDIX 3) will be used to record the employee’s individual details as is relevant to

the proposal being discussed and as follows:

7.3.1 Skills, training and experience 7.3.2 Preference for redeployment 7.3.3 Options in relation to early retirement and voluntary redundancy 7.3.4 Length of service 7.3.5 Personal requirements/circumstances



7.4 If the proposal involves the individual being at risk of redundancy this information will be collated and sent to the HR and Communications Directorate to assist in the matching of individuals to vacant posts.

8 REDUNDANCY

8.1 In any situation involving redundancies the Trust is committed to consulting with affected staff and Trade Union Representatives in accordance with the provisions of this policy and as set out above.

8.2 In the event of redundancy it will be up to the manager concerned to define any redundant

posts. 8.3 In selecting individuals for redundancy there will be no discrimination of the grounds of

gender, marital status, age, disability, race, colour, nationality, ethnicity, gender reassignment, sexual orientation, religion, belief, employment status or national origin, union or non union membership or any other discriminatory factors.

8.4 The manager will be responsible for justifying the fairness and objectivity of any decisions

made. The HR and Communication Directorate will keep records of any decision made in order that the decision can be fairly challenged.

Right of Appeal

8.5 Staff will have the right of appeal against their selection for redundancy in the same way as an appeal against dismissal, although in these circumstances the appeal will be restricted to an appeal against their selection for redundancy. It will be for the employee who is appealing to provide evidence as to why their selection for redundancy is unfair. Individuals must appeal within 21 days of their formal notification of redundancy. Appeals should be made in writing and sent to the Executive Director of Workforce and Communications.

Time Off From Work to Seek Employment

8.6 Any individual under formal notice of redundancy will be given time off where appropriate to seek other employment or to seek training for future employment. Sympathetic consideration will also be given to requests for time off for such purposes to employees who, whilst not under formal notice, may well be given notice to remove the possibility of a further redundancy.

Notice Period

8.7 Staff under notice of redundancy will be entitled to notice based on at least their contracted notice. In some circumstances, individuals may not wish to work out their notice period and depending on the needs of the service, this may be acceptable. The individual in this case will be encouraged to come to a mutually convenient agreement in respect of their last day of service with their manager but employees should not expect to receive a payment in lieu of any notice not worked by such an agreement.

9 REDEPLOYMENT

9.1 This section of this policy deals with the practical arrangements for redeployment and retraining and outlines other measures to assist staff when facing the prospect of



redundancy. Redeployment in this context means the transferring of an employee into an alternative post. It is a matter for the Trust to match the preferences and skills of the individual to the needs of the service. (This section should be read in conjunction with Section 10 on suitable alternative employment).

9.2 Once the need to redeploy or reduce staff is established, individual 1.1 interviews will be held

with each member of staff affected in accordance with Section 7 of this policy. Redeployment Register

9.3 To facilitate the co-ordination and communication of information outlined above, a Redeployment Register will be compiled by the HR and Communications Directorate. This register will contain the names and occupations of all staff identified as “at risk” of redundancy. HR will match individuals against available suitable posts and invite these staff to apply with competition restricted to only those staff “at risk”. In other words, such posts will not be open to either public or other Trust staff in the first instance. The Register will hold the following information:

9.3.1 Name 9.3.2 Post held 9.3.3 Grade and hours worked 9.3.4 Base 9.3.5 Preferences for redeployment and training (if known) 9.3.6 Qualifications

“Slotting In”

9.4 Where a restructuring takes place management will have the right to designate posts within the new service as “slotting in” posts. “Slotting in” proposals must not involve substantial promotion or demotion. Substantial promotion/demotion is defined as being more than one main scale or spine point above/below the grade currently held on a substantive basis. Acting grades are not, therefore, valid in comparing old and new posts.

9.5 “Slotting in “ shall apply to all posts where the job remains virtually unchanged, the post

holder continues to undertake substantially the same duties, and where the post has not been designated a “Competition Post” as set out below. The individual shall continue in post, the post shall not be open to competition and the post holder shall be debarred from competing for other posts until unrestricted competition occurs.

Competition Posts 9.6 Management will have the right to designate posts within any restructured service as

competition posts. These posts will only be available for staff who have been directly affected by the change.

9.7 A competition post can be defined in a number of ways as follows:

9.7.1 A post that is clearly new in content, ie the duties of the post are different and/or



9.7.2 A post that carries substantially increased weight of responsibility, or 9.7.3 Where more than one employee could be regarded as a suitable candidate from

those staff directly affected by the change of use, or

9.7.4 Where a direct transfer of an individual would involve a substantial promotion or

demotion. Substantial promotion/demotion is defined as being one grade or more above/below an individual’s substantive grade (“Acting up” is not considered as being a substantive grade).

9.8 All posts that are subject to competition shall be drawn to the attention of eligible employees.

9.8.1 These employees will be required to apply for these posts under the existing recruitment procedure.

9.8.2 The selection process will be based on normal selection criteria and procedures,

alternative selection methods may be discussed as part of the consultation process. 9.8.3 In the event that a member of staff is unsuccessful in their application they will be

offered counselling and interview feedback by a member of the interview panel.

Ring Fencing of Vacant Posts

9.9 To assist employees in securing alternative employment the Trust will consider ring fencing vacant posts in accordance with Section 6 of this policy dealing with Advertising Restrictions. The process of ring-fencing posts is to ensure that staff who are under notice of redundancy or identified as being “at risk” of redundancy have the first opportunity to be considered for posts which become vacant.

9.10 There may be a limit to the number of posts for which a member of staff under notice or at

risk of redundancy may apply to prevent the process becoming elongated and unmanageable.

10 SUITABLE ALTERNATIVE EMPLOYMENT

10.1 This section of this policy applies to employees who are at risk of being dismissed by reason of redundancy.

10.2 The Trust is committed to seeking suitable alternative employment for member of staffs

under notice of redundancy or deemed “at risk” of redundancy. This activity will be co-ordinated by the Trust’s HR and Communications Directorate.

10.3 Where suitable alternative employment is found, but the capacity and place in which the

employee is employed, and the other terms and conditions of employment, differ (wholly or in part) from the corresponding terms of the employee's previous employment, the individual will be entitled to a trial period in that new post for four weeks which may be extended by agreement for the purpose of retraining.

10.4 If an employee terminates (or gives notice to terminate) their employment during a trial

period, they will be treated as having been dismissed on the date on which their original employment contract terminated and by reason of redundancy. The employee shall also treated as having refused the offer of a new job with the result that, if the new job was an



offer of suitable alternative employment and the employee's refusal of it was unreasonable, the employee will lose their entitlement to a redundancy payment. In such circumstances, the manager may ask the individual to give written reasons for their rejection of the alternative employment.

10.5 If the Trust terminates (or gives notice to terminate) the employee's employment during a trial

period for a reason connected with or arising out of any difference between the renewed or new contract and the previous contract (for example, it considers the employee to be unsuited to the new role), the employee is treated as having been dismissed for redundancy on the date on which the original contract terminated. In these circumstances, the Trust can make a further offer to renew the employee's contract or to re-engage them under a new contract, as long as it remains within four weeks of the effective date of the original redundancy, and if the terms offered differ from the employee's original employment, the trial period process will start again.

11 EMPLOYEE ASSISTANCE PROGRAMME

11.1 It is vital that a sensitive and constructive approach is adopted when redundancies are due to take place and for the Trust to demonstrate their commitment to staff. The HR and Communications Directorate will act as a “Resource Centre” for staff and will be the focus for all support activities. (This will not detract from the ongoing support given to staff from their managers). The HR and Communications Directorate will provide the following support:

11.1.1 Link Person - The individual will be allocated a link HR Adviser based with the

Trust’s HR and Communications Directorate. They will provide support, general personnel advice, co-ordinate arrangements in respect of suitable alternative employment within the Trust, and give practical advice on production of curriculum vitae.

11.1.2 Pay Clinics - The individual will be offered an appointment with a member of the

Pay Services Team. They will provide advice of their redundancy entitlements and superannuation. The Pay Services Manager will arrange for the individual to receive independent financial advice if requested.

11.1.3 DSS Advice - Where appropriate, the DSS will be approached to give

presentations and advice on the benefits systems either on an individual or group basis.

11.1.4 Career Counselling/Job Application Advice - Individual counselling will be

arranged by the HR and Communications Directorate, and provide advice on curriculum vitae, application letters, interview preparation. In some circumstances, group training programmes will be arranged to assist staff in the following areas:

(i) job finding skills (ii) interview techniques (iii) curriculum vitae writing and application form completion (iv) pre-retirement and free time

11.1.5 External Career Counselling - Individuals will be provided with an information pack on sources of:



(i) Free counselling – Career Offices & Education Advice & Counselling

Services for Adults External IAG Services (ii) Private Counselling – organisations providing vocational guidance.

11.1.6 NHS Staff Passport - is a toolkit developed by the Social Partnership Forum;

designed to provide NHS staff facing transfer with an easy to use, practical guide to the employment standards and rights they can expect when being transferred either to another NHS provider or outside the NHS to a provider who is contracted to offer NHS services.

The NHS Staff Passport also aims to give HR advisors, trade union representatives and managers an online advice tool that they can use to advise staff facing a transfer on the employment standards that they can expect.

12 PROTECTION OF PAY & CONDITIONS OF SERVICE

Introduction

12.1 We believe it is the essence of good management practice for Trusts to introduce arrangements for safeguarding the pay and conditions of employment of individual staff adversely affected by organisational change, as an alternative to redundancy and early retirement.

12.2 This section of this policy replaces Section 47 of General Whitley Council Handbook in

accordance with Advance Letter GC.2/95. Scope

12.3 This policy applies to staff employed by West Suffolk NHS Foundation Trust who, as a consequence of organisational change, are required by management to move to a new post or suffer a reduction in basic hours worked within the standard working week. This policy covers:

12.3.1 Short-term protection of earnings, whether or not downgrading is involved (See

Section 13 for full description). 12.3.2 Long-term protection of basic wage or salary where downgrading is involved. (See

Section 14 for full description).

12.4 This Policy does not cover pay protection arising from assimilation onto Agenda for Change pay. Details of these arrangements can be found in the Agenda for Change NHS Terms and Conditions of Service Handbook.

12.5 Staff with pay protection arising from changes unrelated to the Agenda for Change

agreement who are also eligible for protection under that agreement may, at the time of assimilation, elect either to continue with their existing protection agreement or to move to the Agenda for Change protection agreement. When the agreement concerned expires they will move onto the normal terms and conditions under Agenda for Change.

Definitions applicable to this section



12.5.1 Basic Wage or Salary - Basic wage or salary is exclusively the weekly or monthly

sum due in respect of basic hours worked by the individual concerned, within the standard working week as defined in the individual’s Statement of Terms and Conditions of Employment, reckoned on the day immediately preceding the first day of employment in the new post.

12.5.2 Earnings in the New Post - The sum of the basic wage or salary in the new post

and of any remuneration in respect of overtime, shift work and other contracted duties.

12.5.3 Reckonable Service - For the purposes of calculating protection entitlements the

Trust will take account of the individual’s continuous employment with West Suffolk NHS Foundation Trust and any other continuous employment with Health Service establishments, provided that their transfer to West Suffolk NHS Foundation Trust does not constitute a break in service. A break in service will be a period of three months or more. This will be termed reckonable employment.

12.5.4 Downgrading - Occurs when the new post, irrespective of its grade or title, carries

an hourly rate lower than that for the previous post, or a salary scale with a maximum point lower than the maximum point for the previous post, or lower than that of the grade held in the previous post.

13 SHORT TERM PROTECTION OF EARNINGS

13.1 Staff will have a maximum of 10 months protection of total earnings depending on their reckonable service. (Please see Section 15 regarding rights to both short and long term protection)

Reckonable Service Protection Period (Months)

4 - 12 months 1 - 2 years 2 - 3 years 3 - 4 years

4 + years

2 4 6 8

10

13.2 If for any pay period the earnings in the new post exceed the protected earnings, the

earnings in the new post will be paid in full. 13.3 Total earnings will be calculated as a four-month average including the following payments

(only if they are a contracted requirement of the job):

13.3.1 Payments for working outside normal hours (under AfC when agreed – Whitley Council agreements apply until then i.e. the AfC Interim Arrangements)

13.3.2 Overtime 13.3.3 Recruitment & Retention Premia

14 LONG TERM PROTECTION OF BASIC WAGE OR SALARY

When Downgrading is involved



14.1 Staff with 12 months’ reckonable service who are moved to a new post as a consequence of organisational change, and as a result are downgraded, will have their basic wage or salary protected with appropriate incremental or pay award increase for a maximum period of two years.

14.2 After the protection period the employee will receive the pay and appropriate pay awards in

relation to the new grade. (Please see Section 15 regarding rights to both Long Term and Short Term Protection.)

14.3 Part-time staff who are entitled to long term protection (see above for criteria) will have long

term protection entitlement calculated as follows:-

14.3.1 Where hours in the new post are the same or fewer than in the old post.

Actual hours worked in the new post paid at the hourly rate for the old post. 14.3.2 Where hours in the new post are greater than in the old post. Hours worked

previously are paid at the hourly rate for the old post and the additional hours to be worked in the new post are paid at the new hourly rate.

14.4 Staff required to move to a new post will work the hours appropriate to the new post.

15 ENTITLEMENT TO BOTH SHORT-TERM AND LONG-TERM PROTECTION

15.1 Employees will not have the automatic right to both short-term and long-term protection, however some staff may be entitled to both short-term and long-term protection. Sections 13 and 14 describe short and long-term protection.

15.2 Agreement to have concurrent short and long-term protection must be sought from the

Executive Director of Workforce & Communications.

16 ANNUAL LEAVE

16.1 Annual leave allowances are not affected by pay protection. Where hours worked in a new post are different from the old post the entitlement will remain the same, and be calculated against the new weekly working hours.

17 EXCEPTIONS

17.1 Those staff who are covered by the Very Senior Manager Pay arrangements ie the Chief Executive and those who directly report to the Chief Executive are not covered by these pay protection arrangements.

18 REVIEW & MONITORING

18.1 This policy and procedure will be reviewed and monitored every three years by the Executive Director of Workforce and Communications in consultation with Trust Council.



19 DOCUMENT CONFIGURATION

Author(s): HR & Communications

Other contributors: Trade Union Representatives

Approvals and endorsements: Corporate Risk Committee

Consultation: Trust Council

Issue no: 5

File name: Charlie S: Personnel/Policies/2016/PP(16)022

Supersedes: PP(14)022

Equality Assessed Yes

Implementation Policies will be checked by HR Manager. Distribution to all Managers. Published on the Intranet.

Monitoring: (give brief details how this will be done)

Implementation, compliance and effectiveness of this policy will be monitored by Trust Council. 100% of any requests received into the HR Directorate will be handled in line with the policy and will be recorded by the on the HR database.

Other relevant policies/documents & references:

Additional Information: None



Organisational Change

TUPE (see section 4)

Workforce Controls

(see section 6)

Advertising Restrictions

(see section 6)

Formal Collective Consultation

(see section 3)

Changes to Working Practices

(see section 5)

Redeployment (see section 9)

Suitable Alternative Employment

(see section 10)

Redundancy (see section 8)

Pay Protection (see section 12)

Employee Assistance Programme

(see section 11)

Individual Consultation Meetings

(see section 7)

APPENDIX 1

Organisational Change Management Pathway



APPENDIX 2

Proposal to *************** at West Suffolk NHS Foundation Trust

Background

Drivers for Change/Benefits

Staff affected by the change

Name Whole time equivalent

Grade Commencement with Trust

Proposed New Structure

Proposed Timescales



APPENDIX 3

1.1 MEETING Date …………….

Name:- ……………………………………….. . Grade:- …………………………………..

Hours of work …………………………. Service Date …………………………………..

Current Shift Pattern - Rotation / Days Only / Nights Only

Courses undertaken:-

……………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………

Experience:

……………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………

Preference for Re-Deployment

1. ………………………………………………………………………………………… 2. ………………………………………………………………………………………… 3. ………………………………………………………………………………………….

Notes

……………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………… Signed:- -------------------------------------------- Employee Signed:- -------------------------------------------- RCN/Unison / Union Rep in attendance Signed:- -------------------------------------------- Manager Signed:- ------------------------------------------------- HR Representative

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