ORGANISATIONAL CHANGE POLICY · Organisational Change Policy HR/016/V1.05 Version 1 October 2015 2 Subject and version number of document: Organisational Change Policy Version 1 Serial

Organisational Change Policy HR/016/V1.05 Version 1

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ORGANISATIONAL CHANGE POLICY

Version 1


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Subject and version number of document:

Organisational Change Policy Version 1

Serial number: HR/016/V1.05

Operative date: 16 October 2015

Author: Human Resources

CCG owner: Richard Samuel, Chief Officer

Links to other policies: Leave Policy

Review date October 2017

For action by: All Fareham and Gosport and South Eastern

Hampshire CCGs Employees

Policy statement: This policy sets out a framework for the management of organisational change to ensure the CCGs are fit for purpose for the future whilst ensuring stability and delivery during periods of change. This is balanced with the necessity of operating within available resources and meeting requirements to enhance service quality and productivity. The policy sets out the principles and standards expected to ensure staff are appropriately supported and fairly treated during changes. The provisions contained within the policy are in accordance with relevant employment legislation and best practice and will apply to every employee in Fareham and Gosport and South Eastern Hampshire CCGs.

Responsibility for dissemination to new staff:

Line managers

Mechanisms for dissemination:

All policies are published on the CCGs websites. New policies and revisions to policies are highlighted to staff through the CCG s’ staff newsletter Commissioning Times and the policy is available on the G;FGSEH-All staff/Policies/HR folder.

Training implications: No specific training required

Resource implications: There are no resource implications

Further details and additional copies available from:

Equality analysis completed? This document includes a section about equality


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analysis (previously called equality impact assessment), the aim being to encourage and support policy developers to demonstrate ‘due regard’ to the Equality Act 2010. This will be achieved if all new policies are assessed for equality impact at an early stage, and records kept of the equality analysis process and any actions identified.

Consultation process: Staff Side Representative Policy Sub Group

Approved By: Corporate Governance Committee

Date Approved: 16 October 2015


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Intranet and Website Upload:

Intranet Electronic Document Library Location:

Website Location in FOI Publication Scheme

Keywords Probationary Period; New Starter; Employee

Amendments Summary:

Amend No Issued Page(s) Subject Action Date

1

2

3

4

5

Review Log: Include details of when the document was last reviewed:

Version Number

Review Date Name of Reviewer

Ratification Process

Notes


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ORGANISATIONAL CHANGE POLICY

CONTENTS 1. INTRODUCTION .......................................................................................................................... 6

2. SCOPE ........................................................................................................................................... 6

3. POLICY AIM ................................................................................................................................. 6

4. PRINCIPLES ................................................................................................................................. 7

5. DEFINITIONS ............................................................................................................................... 7

6. COMMITMENT TO STAFF ......................................................................................................... 8

7. LINKS TO KEY DOCUMENTS ................................................................................................... 8

8. KEY RESPONSIBILITIES ........................................................................................................... 9

9. PROCESS ................................................................................................................................... 10

9.1 Approval of organisational change ............................................................................. 10

9.2 Communication and consultation ............................................................................... 10

9.3 Recruitment and selection ............................................................................................. 11

9.4 Redeployment ................................................................................................................... 13

9.5 Redundancy ....................................................................................................................... 18

10. TUPE TRANSFERS ................................................................................................................... 20

11. APPEALS..................................................................................................................................... 21

12. RESPONSIBILITIES AND COMPLIANCE ............................................................................. 22

12.1 Responsibilities ............................................................................................................ 22

12.2 Auditing compliance ................................................................................................... 23

13. EQUALITY ANALYSIS .............................................................................................................. 23

14. POLICY MONITORING ......................................................................................................... 23

15. POLICY REVIEW ...................................................................................................................... 23

APPENDIX 1 CHANGE MANAGEMENT PROCESS ............................................................... 24

APPENDIX 2 JOB MATCHING ASSESSMENT FORM ........................................................... 25

APPENDIX 3 REDEPLOYMENT REGISTER ............................................................................ 27

APPENDIX 4 EQUALITY ANALYSIS .......................................................................................... 28


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ORGANISATIONAL CHANGE POLICY 1. INTRODUCTION 1.1 The Fareham and Gosport and South Eastern Hampshire CCGs have a

responsibility for the implementation of national and local health strategy. It is recognised, therefore, that this may on occasions necessitate varying degrees of organisational change. The CCGs are committed to these being managed in a fair and equitable way, giving due regard to the needs of patients and staff alike.

1.2 The CCGs are committed to managing change in a proactive way, ensuring that staff are both aware of and understand the nature of the change, how it might affect them and that it is managed within a reasonable timeframe. Changes which affect staff will be conducted in partnership with staff members and their representatives to include full and meaningful consultation, as set out in this policy.

1.3 The CCGs will provide those staff affected by change with support and guidance at the earliest opportunity and according to their individual needs. Recognising that the successful implementation of any change is dependent upon the continued commitment and efforts of line managers and the wider workforce. The CCGs are committed to managing any change with due regard for the health and wellbeing of its workforce.

2. SCOPE 2.1 This policy sets out a framework for the management of organisational

change to ensure the CCGs are fit for purpose for the future whilst ensuring stability and delivery during periods of change. This is balanced with the necessity of operating within available resources and meeting requirements to enhance service quality and productivity.

2.2 The policy sets out the principles and standards expected to ensure staff are appropriately supported and fairly treated during changes. The provisions contained within the policy are in accordance with relevant employment legislation and best practice and will apply to every employee in Fareham and Gosport and South Eastern Hampshire CCGs.

3. POLICY AIM 3.1 The aim of this policy is to provide guidance to managers and staff during

periods of change, including advice on due process to follow when consulting with staff, best practice methods for selecting staff affected by change and support for staff that are “at risk” as a result of change.


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3.2 It is recognised that the timescale, type and pace of change will vary, however to ensure a consistency of approach wherever possible, it is suggested that 30 days is applied to any consultation process giving opportunity to communicate and consult with staff. This length of time may be increased or decreased depending on the proposed change, in agreement with the employees involved and staff side representatives.

4. PRINCIPLES 4.1 The CCGs are committed to the following principles:

Openness and transparency in communications with staff

Consultation with staff and their representatives as soon as the likely implications are known, to keep staff informed at all stages of the change process and to respond to staff concerns promptly

Reasonable treatment of staff by ensuring new organisational arrangements are implemented fairly and equitably, that HR process is applied, appropriate mechanisms are put in place to support staff and realistic timescales are adopted throughout

Reasonable steps will be taken to avoid redundancies wherever possible thereby retaining business critical skills and experience

Ongoing development of the organisation to ensure it remains fit for purpose into the future and the cost of reorganisation is minimised

Ensuring business continuity throughout the period of change

Collaborative working between agencies in the case of integrated teams.

5. DEFINITIONS 5.1 The list below provides an example of when this policy may apply. This list is

not exhaustive.

National and local policy impacting on organisational form and structure

Departmental restructuring

Transfer of a service in or out of the organisation

Cross organisational moves (such as to the local authority)

Changes which affect staff terms and conditions of employment

Workforce modernisation and large changes to current processes of work.

5.2 Change may take place for the following reasons. This list is not exhaustive.

To respond to Government initiatives to bring about change in health care provision

To develop the organisation and ensure it is performing effectively


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To support the organisation’s strategic vision and direction

To respond to the transfer of a service in or out of the organisation. 5.3 With some of the changes detailed above, this may result in the following:

Staff become affected by change: Where it is known that an organisational change is likely to result in staff being put “at risk” of redundancy. There may be a reasonable time period between staff being affected by change and being formally declared as “at risk” of redundancy, to ensure appropriate consultation takes place with staff.

Staff become “at risk” of redundancy: Where formal consultation has taken place, feedback received has been considered and a final way forward determined.

The outcome confirms the removal of their substantive post from the structure.

Staff are transferred out of the organisation: Where a service transfers to a new organisation, or into the organisation, staff employed in that service will transfer to the new organisation under a transfer order or the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

6. COMMITMENT TO STAFF 6.1 In order to avoid any reduction of the workforce, in the first instance the

organisation will:

Review all vacancies as they arise and recruit only to critical posts

Review opportunities to promote flexible distribution of roles and work

Review existing arrangements for temporary, fixed term, bank staff or interim consultants

Review flexible working arrangements including job share, job transfer, career breaks, secondments or reduced hours

Manage staff attendance

Train or retrain staff

Redeploy staff wherever possible

Invite voluntary solutions; such as voluntary redundancies, early retirement or flexible retirement.

7. LINKS TO KEY DOCUMENTS 7.1 In addition to relevant individual CCG policies, this document should be read

in conjunction with the following national and regional guidance:

NHS Terms and Conditions Handbook


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8. KEY RESPONSIBILITIES 8.1 During periods of change, managers are expected to:

Ensure all their staff are fully communicated and engaged with regarding proposed changes, which will include the provision of regular 1-1s and team meetings

Maintain a robust audit trail and record keeping in relation to processes followed and decisions taken in respect of all staff for whom responsible

Ensure all staff who are currently absent from the organisation are fully briefed and involved, inviting them to all meetings as appropriate (such as those on maternity, long term sick leave or secondments)

Inform any staff associated but not affected by the change, including joint appointment roles

Ensure staff attend meetings associated with the change

Ensure all staff are treated fairly and equitably

Work in line with appropriate policy, involving HR where necessary

Maintain confidentiality.

8.2 All staff should commit to;

Actively participate in all forms of communication to ensure they are fully engaged and informed of any proposed changes

Attend related meetings

Speak to their line manager regarding any personal concerns they have

Ensure business as usual before, during and after the changes working in line with CCGs policy

Arrange for their staff side representative or work colleague to attend individual meetings, where they have the right to do so

Maintain confidentiality during and after the changes, respecting colleagues and their personal concerns with regards to the proposed changes.

8.3 HR during periods of change are expected to;

Provide advice and guidance to managers and staff including the provision of relevant support

Ensure due process is followed in a fair and equitable manner, in line with national legislation and best practice

Work closely with managers and relevant colleagues to ensure engaging communication methods are applied.


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9. PROCESS 9.1 Approval of organisational change

9.1.1 Where organisational change has become necessary, the revision to organisational structure and/or services will be approved by the Corporate Governance Committee and the Governing Body if deemed significant or strategic or redundancies may result, before formal consultation commences.

9.1.2 Papers outlining the changes should be submitted to the next appropriate monthly committee meeting.

9.1.3 The Corporate Governance Committee will scrutinise the paper, balancing the needs of the business within the requirement to manage costs, review and sign off the decision as to whether the organisational change should proceed.

9.2 Communication and consultation

9.2.1 The involvement of staff members, staff engagement groups and staff representatives throughout the change process is crucial to achieving a successful outcome. Representatives in this sense may be a recognised staff side representative from within the CCGs or a workplace colleague and will be involved at each stage of the consultation process.

9.2.2 Effective communication and consultation mechanisms will be

developed according to the nature of the proposed organisational change. These may include a combination of individual or group briefings depending upon the size and scope of the change to be managed. The CCGs will inform and consult with the recognised trade unions in advance of formal discussions with staff. The methods used to communicate with and consult staff will take account of accessibility issues for staff with disabilities (for example visual and hearing impairments).

9.2.3 A formal consultation document to support the change process will

be developed. 9.2.4 During the consultation period, staff will be given every opportunity

to comment on the proposals outlined in this document. Staff who are absent from work, such as those on maternity, long term sick leave or secondments should also be included within the consultation.

9.2.5 Consideration should be given as to the most appropriate way to

collect feedback.


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9.2.6 Arrangements should be made to respond to staff feedback and to modify structures on the basis of such feedback where this is considered appropriate.

9.3 Recruitment and selection

9.3.1 The process for appointing to approved posts within the new structure will follow the close of the consultation process and will be conducted in line with best practice. Appropriate communication arrangements will be put into place to ensure that affected staff are made aware of all vacancies for which they are eligible to apply.

9.3.2 A matching process will be used to ascertain which staff are eligible

to apply for the roles in the new structure. 9.3.3 The matching process will be undertaken to compare a person’s

substantive position with one or more in the new structure. 70% of the duties of the existing role as described in the job description should remain consistent. This will include a review of;

Current band and salary (flexibility on band may be required to take account of regional variation)

Reporting line and line management responsibilities

Nature of work and job responsibilities

Qualifications and training

Location

9.3.4 Appendix 2 provides guidance for managers for situations which are not distinctly defined and require further analysis.

9.3.5 Staff who are absent from work, such as those on maternity and

long term sick leave will be included in the matching process. Members of staff on fixed term contracts covering a position usually filled by an absent permanent member of staff or performing a role that is time and funding-limited, will not be eligible to be considered for a position in the new structure. Members of staff on fixed term contracts who are covering a vacant but substantive position, however, will be eligible. For staff currently on a secondment or in an acting up role, their substantive role will be used for the purpose of consultation and matching. Staff will be excluded from the process:

when they have already formally given notice of their intention to resign/retire at anytime before the interview date

when they have already secured employment with another employer at anytime before the interview date

when they have been notified of the date of the termination of their contract of employment for any other reason.


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9.3.6 On completion of the matching process the following stages will be

applied:

9.3.6.1 Stage 1: Direct placement into a substantive role

Direct placement into a substantive post may apply where the duties and accountabilities of a post are not significantly reorganised and are substantially the same. By way of example (although some flexibility in relation to percentage may by required, depending on the circumstances of the change);

70% of the duties of the existing role as described in the job description, remain consistent.

The pay band/grade of the post does not change as a result of direct placement

The scope of the role does not alter significantly, and

No other person from within the CCGs have a substantiated claim that they should be deployed into the same post.

Staff will be notified of the outcome in writing, including any right of appeal.

9.3.6.2 Stage 2: Pooling

Where a post has not been filled through stage one, all outstanding vacancies, where possible, should be filled from the remaining substantive staff pool. This will be a closed round of competition for staff “at risk” currently doing similar work at a similar level.

Only staff assigned to the appropriate pool will be eligible to apply at this stage. Adequate time will be afforded to staff to consider which posts to apply for and to prepare for interview where these are necessitated.

If an employee wishes to make a case to change pools, this request should be made in writing to the HR department as a matter of urgency and certainly before interviews take place. Each case will be considered on the basis of individual circumstances.

In line with best practice, the interview and selection process will be based on the job description and person specification of the role, supported by a robust scoring system.


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In some circumstances the posts in the new structure may be at a higher grade. In these cases, limited competition interviews may take place for the higher graded post(s) involving eligible staff. This will consider whether the individual(s) meets the essential qualifications, competence or requirements of the higher banded post(s).

Staff will be notified of the outcome, in writing, including any right of appeal. Staff offered a post in the new structure may consider their decision to accept this for a maximum of seven calendar days. If they do not accept the post, they need to provide in writing, the reasons for not deeming the post to be suitable alternative employment.

Employees should be informed that where they unreasonably refuse to take up the new post, and another suitable alternative is not identified, they will be deemed to have resigned and therefore not eligible for any redundancy payment. Their employment will then be terminated in line with the Leave policy.

9.3.6.3 Stage 3: Open competition

If no one from stage one or two is appointable, wider advertisement of the post will apply. In line with the provisions of the South of England HR Framework, the initial period of open competition may include considering staff from other NHS organisations who are “at risk” of redundancy (or seeking redeployment due to medical reasons) and on the ‘“at risk”’ register. If there are no candidates on the ‘“at risk”’ register and this stage has been exhausted, then the post can be advertised in the normal way.

9.4 Redeployment

9.4.1 Once the formal consultation period has been exhausted, should individual post holders remain displaced, they will be formally placed “at risk” of redundancy, and depending on length of service and other contractual entitlements, contractual notice of between 4 and 12 weeks will be issued.

9.4.2 At this point the final date of employment will be identified and a

formal redeployment search will commence, and continue throughout the notice period.


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9.4.3 If it is identified that an individual is to be redeployed, they will be

required to attend a redeployment counselling meeting, with the HR lead who will explain the process to be followed. This meeting should take place within one week of redeployment being identified and the details will be recorded and held by the HR team. Individuals are entitled to be accompanied at this meeting by a work colleague, staff side or trade union representative, and it is their responsibility to make the necessary arrangements.

9.4.4 At the redeployment counselling meeting discussion will take place

surrounding the types of roles which may be available. Details will be obtained of the individual’s skills, experience and knowledge. In addition they should be given access to information regarding NHS Jobs, which they will be required to use to access vacancies. For those employees who are unable to use NHS Jobs, alternative systems should be made available, the detail of which will be discussed at the redeployment counselling meeting. At this meeting, the individual will be formally placed on the redeployment register for the duration of their notice period.

9.4.5 Redeployees should be given reasonable time off to attend

interviews within the CCGs and in other organisations. 9.4.6 It is a joint responsibility between CCGs and the individual to

identify any suitable vacancies to be explored. Regular communication should take place with respect to the suitability of roles identified.

9.4.7 Suitable alternative employment should take into account:

Current band and salary

Reporting line and line management responsibilities

Nature of work and job responsibilities

Working times

Location including additional travel time and cost, and travel arrangements including access to public transport

Personal circumstances such as family or caring responsibilities

Capacity to make reasonable adjustments (for someone with a disability)

Status associated with their current role that may not be addressed even with pay protection.

Some degree of flexibility is expected on the part of both the employee and the CCGs in this respect and it is important that each case is looked at on its own merits.


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9.4.8 Where an individual meets all the essential criteria in the person specification, consideration should be given to pursue this as a redeployment opportunity Although individuals will be considered before posts are open to other candidates, making an application does not guarantee appointment. When considering whether posts are suitable for employees with a disability, consideration will be given to whether the role would be suitable with reasonable adjustments in place.

9.4.9 Other than in exceptional circumstances, where redeployment is

due to organisational change, posts generally considered as suitable employment will be no more than one pay band higher or lower than the current post, and pay protection pay will be applicable in accordance with section 9.4.14 of this policy. For all other cases of redeployment, posts of all grades may be considered, however pay protection will not apply, other than in exceptional circumstances.

9.4.10 In cases of redeployment on health grounds, an occupational

health practitioner will be asked to perform a detailed job/person suitability assessment regarding the vacancy to determine if it is suitable. In all cases of redeployment all pre-employment checks that are relevant to the post will be required i.e. references, Disclosure and Barring Service clearance and occupational health clearance.

9.4.11 Once a post is identified as potentially suitable, the individual will

be invited to attend an informal meeting with the line manager to discuss suitability for the post. In the event that more than one staff member is considered potentially suitable for the same position, all eligible redeployees will be formally interviewed. An HR representative should be present at any meetings or interviews and a record will be made of this meeting. Competency based assessments may also be required for employees requiring redeployment, for example typing and ICT tests.

9.4.12 Where suitability cannot be agreed by the recruiting line manager

and the HR representative attending the meeting or interview, a referral will be made to the associate director for their consideration. The interviewing manager will be required to provide written feedback to the candidate following the interview or meeting giving reasons for their decision.

9.4.13 Trial periods

9.4.13.1 Individuals will be offered a four week trial to allow both parties to assess the suitability of the role. The trial period may be extended for training purposes only and by prior agreement in writing. If an individual is successful in obtaining the position after the trial period,


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the offer will be made to them in writing, and they will be required to formally indicate acceptance in writing.

9.4.13.2 Should the individual be absent from work through

sickness or on compassionate grounds, there is an opportunity for an extension to the trial period.

9.4.13.3 If redeployment is due to organisational change,

individuals have a statutory right to a trial period of four weeks, and following this may be eligible to a redundancy payment if the post is not considered suitable by either party.

9.4.13.4 If redeployment is due to capability issues they may be

offered a trial period of between four and, up to a maximum of, twelve weeks in accordance with their notice period.

9.4.13.5 During the trial period, clear performance objectives

should be set by the line manager and regular review meetings will take place to discuss and assess performance against the objectives. An HR representative should be present at any meetings and a record will be made of this meeting.

9.4.13.6 If an individual has been redeployed on health grounds,

they should be invited to attend a follow-up appointment with an occupational health practitioner, prior to the end of the trial period, to ensure the individual remains fit to undertake the role.

9.4.13.7 Should the individual successfully achieve the

performance objectives set for during the trial period, and be considered fit to undertake the role following any occupational health appointment, a substantive contract should be issued.

9.4.13.8 Should individuals fail to achieve the performance

objectives set during the trial period, a further review of employment status will follow. A meeting will be convened to discuss the issues which may result in the termination of the individual’s employment, on the grounds of capability or redundancy, depending on the circumstances leading to the redeployment.

9.4.13.9 When an employee is undertaking a trial period within

CCGs, their terms and conditions remain as they are in their substantive post. Any changes to their terms and conditions of employment will take effect on permanent appointment to the post. If the trial period is with a


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separate employer, this will be done via a secondment arrangement. Employment would only change if the trial is successful.

9.4.13.10 Individuals will be required to formally indicate, in writing,

their intention to accept or decline an offer of employment, and forward this to the HR team. Where they have declined a position, the individual must clearly state the reasons for this.

9.4.13.11 Should it be deemed that the individual has

unreasonably declined an offer of employment their employment status will be reviewed. In cases of organisational change, employment may be terminated and the individual may forfeit entitlement to any redundancy payments due.

9.4.13.12 Should the post the individual is redeployed to be temporary in nature, they will resume redeployment status at the end of the tenure, this will include rights to redundancy payments if applicable.

9.3.13.13 If it is not possible to successfully redeploy the individual

into a suitable post, they will meet with their line manager and an HR Representative at the end of the notice period, to complete appropriate leaving procedures.

9.4.14 Protection of salary

9.4.14.1 Where a new post being offered as suitable alternative employment would result in a loss of earnings due to a lower grade, the following protection arrangements may apply for staff across the CCGs:

Length of continuous service years of protection Less than 1 year 1 1 to 2 years 2 2 years and over 3

9.4.14.2 Staff that transferred to Fareham and Gosport and South Eastern Hampshire CCGs on 1 April 2013, the terms of their predecessor organisations pay arrangements will apply.

9.4.14.3 Protection will be afforded on basic pay or salary on a

mark time basis, until the earnings in the new post over take the protected rate.


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9.4.15 Protection of travel expenses

9.4.15.1 Employees, who are required to change their base of

work as a result of a merger of NHS employers or their acceptance of another post as an alternative to redundancy, may be reimbursed their extra daily travelling expenses, the following protection arrangements apply from the date of transfer:

Length of Continuous Service Years of Travel Protection Less than 1 year 1

1 to 2 years 2 2 years and over 3

9.4.15.2 Staff that transferred to Fareham and Gosport and South

Eastern Hampshire CCGs on 1 April 2013, the terms of their predecessor organisations travel protection arrangements will apply.

9.4.15.3 The excess shall be calculated on the basis of the bus

fares or standard rail travel or, if the employee travels by private motor vehicle, on the basis of the Reserve rate.

9.5 Redundancy

9.5.1 Whilst the CCGs are committed to avoiding compulsory redundancies as far as possible, this may become necessary in certain circumstances. Every effort will be made to help the staff member secure suitable alternative employment, with additional support provided where appropriate.

9.5.2 In some cases of organisational change it may be appropriate to

consider the use of voluntary redundancy and early retirement schemes for defined categories of staff. In such cases, full consultation will take place and there will be strict criteria for those being eligible to apply. Application for voluntary redundancy does not guarantee that it will be granted, even when expressions of interest have been invited.

9.5.3 Following the outcome of the recruitment and selection process,

outlined in section 9.2 above where an individual has not been successful in securing a position in the new structure, and during discussions with regards to redeployment, staff will be provided with the opportunity to discuss their future career options and preferences with their line manager, HR and their representative. Staff will be given support for development and retraining throughout their notice period, ensuring they are best placed for


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future opportunities. This support may include one or more of the following:

Training in CV and interview preparation

Paid time off for interviews within the NHS and with other employers by agreement

Trial periods in appropriate posts

Outplacement support

Career coaching.

Occupational health support

Employee assistance programme support

9.5.4 Redundancy payments

9.5.4.1 Any person who faces the possibility of redundancy will be made aware of payments to which they would be entitled in this event. Redundancy payments will be made in accordance with contractual entitlements.

9.5.4.2 Employees shall not be entitled to redundancy payments

or early retirement on grounds of redundancy if:

they are dismissed for reasons of misconduct

if suitable alternative employment has been secured at the date of the termination, and without a break exceeding 30 days

if suitable alternative employment has been secured and the employee unreasonably refuses to accept it

if the employee leaves before the expiry of their notice, except if they are being released early

if their contract is renewed

9.5.5 Contractual notice period

9.5.5.1 Priority must be given to business continuity; therefore displaced staff will be required to work their contractual notice period in all but exceptional circumstances. Cases which are considered to be an exception can be agreed only by the relevant director with the full agreement of the chief officer.

9.5.5.2 Where displaced staff obtain alternative employment

during their period of notice and wish to commence this employment prior to the end of their period of notice of redundancy, managers should consider releasing the staff member on a mutually agreeable date.


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9.5.6 Premature Retirement on the Grounds of Redundancy

9.5.6.1 Employees retiring prematurely on the grounds of redundancy may be entitled to early retirement benefits dependant upon their age and length of service. Further details can be obtained from the SBS Pensions Officer.

10. TUPE TRANSFERS 10.1 Where a service transfers to a new organisation, or into the organisation, staff

employed in that service will transfer to the new organisation under a transfer order or the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). These regulations protect the existing terms and conditions of employment for staff and ensure that continuity of service is protected. Some examples of a transfer are as follows:

Where all or part of a service is commissioned by an alternative provider

Where the organisation, or part of it, is bought or acquired by another organisation

Where the organisation ceases to exist and/or combines with another organisation

Employees who are affected by a transfer are as follows:

o Those who work solely within the service and/or part of the organisation transferring across

o Where a significant proportion of the activity completed by individuals can be attributed to the service/part of the organisation transferring

o Fixed term staff

o Staff currently seconded out of the service

o Staff currently on maternity or long term sick leave. 10.2 Employees who are not affected by a transfer are as follows:

Where a small proportion of the activity completed by individuals is within the service and/or part of the organisation transferring across and the greater majority of activity is retained by the current employer

Those temporarily employed to work within the service and/or part of the organisation transferring across.

10.3 The new employer will be responsible as follows:

For working in partnership to ensure staff are fully consulted with during the change

For the terms and conditions of the employees transferring


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For all rights and obligations arising from staff contract of employment, except criminal liabilities and some benefits under an occupational pension scheme

For all collective agreements made on behalf of the employees and in force immediately before the transfer.

Ensure workers maintain their NHS pension scheme membership for those transferred workers in accordance with ‘Fair Deal’ agreement.

10.4 The new employer will not be able to:

Fairly dismiss an employee because of the transfer or a reason connected with it, unless the reason for the dismissal is an economic, technical or organisational reason entailing changes in the workforce. If there is no such reason, the dismissal will be deemed unfair.

Change the terms and conditions of the transferring employee because of the transfer or a reason connected with it, unless the reason for the change is an economic, technical or organisational reason entailing changes in the workforce. Should this apply, full consultation should take place with employees affected. Examples include:

o Economic- where the demand for the service or department has fallen to such an extent that a reduction in the number of staff is required

o Technical- where new technology is required and the staff employed do not have the required skills and a reasonable level of training would not resolve this

o Organisational- where the organisation is required to move to a different location and it is not practical to transfer staff.

10.5 The existing employer will be responsible for:

Working in partnership to ensure staff are fully consulted with during the change

Providing the new employer with relevant staff information. 10.6 Where TUPE applies, employees have the right to object to the automatic

transfer of their contract of employment to a new employer. However, such a refusal will mean that their contract will come to an end upon the transfer without the need to give notice and they will not be eligible for unfair dismissal compensation or redundancy payments.

11. APPEALS 11.1 Staff have the right to appeal with regards to changes impacting their terms

and conditions of employment. Any such appeal must be lodged by the employee, within two weeks of receipt of the written notice of the change to their terms and conditions of employment.


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11.2 All appeals should be addressed to the employee’s line manager in the first instance. Appeals will be formally considered by an appropriately constituted panel. The staff member can be represented by a trade union representative or a workplace colleague.

11.3 The employee must stipulate their full grounds of appeal in writing, which

should be one or more of the following:

The detrimental impact of the change on the individual

Failure to follow the procedure

It is not sufficient merely to disagree with the change itself

11.4 An appeal hearing will be held as soon as reasonably practicable, but the employee will be given a reasonable amount of time to prepare their case.

11.5 Where possible, the appeal hearing will be conducted by the relevant director

and who has full knowledge of the organisational change and reasons for the change. A member of the HR department will also be present. The employee may bring a trade union representative or a workplace colleague with them to the appeal hearing. Following the appeal hearing the director will;

a) Confirm the original decision

b) Revoke the original decision or

c) Substitute the original decision. 11.6 We will inform the employee in writing of our final decision as soon as

possible, usually within one week of the appeal hearing. Where possible we will also explain this to the employee in person. There will be no further right of appeal.

12. RESPONSIBILITIES AND COMPLIANCE 12.1 Responsibilities

12.1.1 The chief officer on behalf of the CCGs’ Governing Bodies or

his/her designated deputy will be responsible for ensuring compliance with the requirements of this policy and that sufficient resources are provided to enable the policy to be implemented and remain effective.

12.1.2 The chief officer has a lead responsibility for ensuring this policy is

widely publicised and properly implemented. Chief officers/the CCGs’ Governing Body are responsible for authorising significant change projects.

12.1.3 Line managers will ensure that the requirements of this policy are

fully implemented within their respective departments and that all


October 2015 23

such activities are consistent with the relevant statutory regulations and/ or codes of practice.

12.2 Auditing compliance

12.2.1 The chief officer will audit the policy and procedures on an annual basis considering areas of non compliance. Change programmes during the last 12 months will be considered and feedback sought from trade union representatives, managers and HR leads. Any recommendations or proposed changes will then be made to the CCGs’ staff forum.

13. EQUALITY ANALYSIS 13.1 In line with CCGs policy, an equality analysis has been completed. It is

understood that no employee will receive less favourable treatment on the grounds of disability, age, sex, race, religion or belief, gender reassignment, pregnancy or maternity, marriage or civil partnership, working patterns or trade union membership or non-membership in relation to the application of this policy. The equality analysis is included in Appendix 4.

13.2 The protected characteristic of disability is most relevant to the

implementation of the organisational change policy. Due regard is demonstrated throughout the policy in terms of making reasonable adjustments for staff with disabilities.

14. POLICY MONITORING

14.1 The effectiveness of this policy will be monitored by the HR team by checking after each organisational change to ensure the correct procedures have been followed and timescales met. Any learning points and trends will be identified by the HR business partners who will make recommendations about changes which need to be made. The application and impact assessment of this policy will be monitored by the CCGs’ Corporate Governance Committee.

15. POLICY REVIEW 15.1 This policy may be reviewed at any time at the request of either staff side or

the CCGs but will be reviewed automatically in the event of new legislation or guidance emerging or biennially.


October 2015 24

APPENDIX 1 CHANGE MANAGEMENT PROCESS

REDEPLOYMENT

NO

CLOSE OF CONSULTATION

COMMUNICATION & CONSULTATION

MATCHING

Usually 30 days

STAGE ONE:

Direct Placement

STAGE TWO:

Pooling

APPOINTMENT

REDUNDANCY

APPOINTMENT

Usually 4 weeks

YES

NO

YES

NO

NO

YES

YES

TRIAL


October 2015 25

APPENDIX 2 JOB MATCHING ASSESSMENT FORM Post Title in

the new

structure

Current

Post Title

Employees

Name

Directorate Current Pay

Band

Matching

Panel

members

Date

matching

undertaken

New role Summary of

evidence

required

Evidence of

match from

current role

Percentage

match to

criteria

Score

(percentage

of max

score)

Maximum

Score

Current band 50

Reporting line

and line

management

responsibilities

100

Nature of work

and job

responsibilities

200

Qualifications

and training 100


October 2015 26

Location 50

Total Score: 500

PANEL DECISION

Match and direct placement (one individual matches 70% of new role):

Pooled Post (more than one individual matches 70% of new role):


October 2015 27

APPENDIX 3 REDEPLOYMENT REGISTER For all staff: 1. If at the end of a consultation process an individual is formally confirmed as

“at risk” of redundancy their details will be entered into the redeployment register by the organisation’s nominated HR lead.

2. The member of staff will be provided with a secure and protected log in to

access the restricted vacancies on the NHS Jobs website. The HR department will be responsible for demonstrating how to set up e-mail alerts from NHS Jobs to ensure all suitable jobs are identified to the individual when the jobs are registered on the system.

3. The member of staff will be responsible for using the NHS Jobs website to

identify suitable alternative roles and apply through the normal NHS Jobs process.

4. The member of staff will be required to apply for posts deemed as suitable

alternative employment by the organisation. 5. The member of staff will be entitled to a minimum of 4 weeks trial, details of

which are available in section 8 of this policy. 6. Any staff made compulsory redundant will remain on the redeployment

register for a further 30 days after their date of termination. 7. The organisation recognises that some individuals and/or groups of staff may

find it more difficult to access this process, for example due to limited IT access and/or limited IT skills. The CCGs are committed to ensuring that staff are supported in making full use of the process, based on their individual needs.


October 2015 28

APPENDIX 4 EQUALITY ANALYSIS Equality analysis is a process of systematically assessing functions to identify what effect or likely effect it has on any equality group. In accordance with the Fareham and Gosport and South Eastern Hampshire CCGs’ commitment to equality and diversity, as well as legislation, we aim to eliminate discrimination of any form that leads to disadvantage to all people, including: race, religion or belief, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, age, sex and sexual orientation and other minority groups. Equality analysis is a legal duty and must be carried out on all new or reviewed processes, service redesign projects and policies. The full equality impact assessment proforma is included if a full assessment is indicated as required to this policy.

Author’s please note: If an impact is anticipated a full Assessment for the relevant equality strand will need completing. If you have identified a potential discriminatory impact of this policy document, please refer it to Fareham and Gosport and South Eastern Hampshire CCGs together with any suggestions you have as to the action required to avoid/reduce this impact.

Based on the data given will this policy/procedure:

Eliminate discrimination?

Promote equality of opportunity?

Promote good relations between people of the same or different groups?

Race

√ √ √

Religion and Belief

√ √ √

Disability

√ √ √

Gender reassignment

√ √ √

Marriage and Civil Partnership

√ √ √

Pregnancy and Maternity

√ √ √

Age

√ √ √

Sex

√ √ √

Sexual Orientation

√ √ √

Documents

ORGANISATIONAL CHANGE POLICY · Organisational Change Policy HR/016/V1.05 Version 1 October 2015 2 Subject and version number of document: Organisational Change Policy Version 1 Serial