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Organisational Change Procedure Ref HR-0018-v7 Status: Approved Document type: Procedure

Organisational Change Procedure Ref HR-0018-v7 · Organisational Change Procedure Last amended: 03 July 2018 . 1. Purpose . 1.1 During your employment with the Trust you will probably

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Page 1: Organisational Change Procedure Ref HR-0018-v7 · Organisational Change Procedure Last amended: 03 July 2018 . 1. Purpose . 1.1 During your employment with the Trust you will probably

Organisational Change Procedure

Ref HR-0018-v7

Status: Approved Document type: Procedure

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Contents 1. Purpose ............................................................................................................. 3 2. Related documents ........................................................................................... 4 3. Definitions ......................................................................................................... 4 4. Organisational Change ..................................................................................... 6 4.1. Consultation ........................................................................................................ 6 4.2 Changes in job numbers or roles ........................................................................ 7 5. “Transfer of Undertakings (Protection of Employment)

Regulations 2006" as amended by the "Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014" ............................................ 8

6. Redeployment ................................................................................................... 9 7. Protection of Earnings ................................................................................... 10 8. Redundancy Situations .................................................................................. 11 9. Responsibilities .............................................................................................. 12 10. How this procedure will be implemented ...................................................... 15 10.1 Training needs analysis ................................................................................. 15 13. Document control ........................................................................................... 17 Appendix 1 - Redeployment Process Map .................................................................. 18 Appendix 2 - Consultation process .............................................................................. 19 Appendix 3 - Equality Analysis Screening Form .......................................................... 20

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1. Purpose 1.1 During your employment with the Trust you will probably be affected by organisational

change at some point. These changes can be caused by any one of a number of things such as: • changes in policy from the Department of Health or • Commissioners decisions about the type of service they want us to provide or • the Trust Business Plan and/or • the requirement to achieve a Cash Releasing Efficiency Saving (CRES) or • an Executive Management Team decision to change the way we provide our services

1.2 The Trust acknowledges it has a responsibility to inform and consult staff about any potential issues which may involve a change that affects an employee as described above. The Trust will meet with staff side colleagues at the onset of any issues as they arise as outlined at appendix 2. This approach will ensure staff side representatives are proactively involved in exploring and developing options for consideration. It is acknowledged that there will be occasions where this is not always possible e.g. TUPE transfer, Commissioners decisions regarding service delivery.

1.3 The Organisational Change Procedure outlines the way in which the Trust will consult with you about the change, how it can be achieved and also how it will be implemented. We will support you through the process with management support, HR advice, involvement of staff side representatives, access to the Employee Support Service and a commitment to consulting with you at the earliest opportunity when a potential change is identified, telling you the truth and listening to and responding to your concerns.

1.4 We will always try to make changes in a fair, transparent and effective way, minimising any adverse consequences for staff where we can. It is inevitable however that there may be times when staff are identified as being at risk of redundancy and in those cases we will do what we can to help individuals find suitable alternative employment.

1.5 We need to accept that a single course of action will not suit every situation and the procedure gives a range of actions and principles which may be applied depending on the circumstances.

1.6 Exceptional circumstances may need to be accommodated which may result in timescales being shortened but the process should be followed. There may be occasions where immediate action is required for patient safety concerns or commissioning requirements.

This procedure applies to all permanent employees of the Trust and to those employees covered by the fixed term and part time workers regulations. Note: Only those employees with more than 2 years continuous NHS service will enter the Redeployment Service.

An individual dismissal on grounds other than redundancy will not be dealt with under this procedure, nor will we use organisational change to effect a dismissal which should take place for other reasons.

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2. Related documents

This procedure describes what you need to do to implement or if you are subject to the proposed change what you can expect from the Organisational Change Procedure section of the During Employment Policy.

This procedure also refers to:- Trust Values and Staff Compact Grievance Procedure End of Employment Procedure Redeployment Procedure

3. Definitions Term Definition Major Organisational Change A change in the organisation of the Trust that has an impact

upon an employee's core duties; protectable earnings; contracted hours of work; or location of work.

Minor Organisational Change A change whereby there are no major adverse consequences for staff i.e. changes in shift patterns, changes in use of accommodation but without moving from the site.

Commissioners The Commissioners decide on the type of services required to meet the needs of the public and purchase them from provider organisations such as the Trust, Local Authorities, private sector or charitable organisations usually through a negotiation or tendering process.

CRES Cash Releasing Efficiency Savings are a percentage of a service’s budget which have to be identified and given up every year. The plans to achieve the savings are normally contained in the Trust Business Plan.

Continuous Service and Reckonable Service

Please refer to Section 12 and Section 16 of the Agenda for Change NHS Terms and Conditions of Service Handbook.

Employee’s Companion “The chosen companion may be a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.” (ACAS Code of Practice). A fellow worker is someone employed or managed by the Trust. (This includes Local Authority members of staff employed within Integrated Teams)

Joint Consultative Committee (JCC)

A Trustwide group consisting of management and staff side representatives with the purpose of consulting on employment

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matters and other issues which might impact upon staff

Locality Consultative Committee (LCC)

A Locality group consisting of locality management and staff side representatives with the purpose of discussing employment matters and other issues which affect only the locality.

Staff at Risk

Those staff identified as being at risk of redundancy because their post/base/duties have changed significantly as a result of organisational change and they have not been found suitable alternative employment either by slotting in or ring fenced competition in the first stage of the organisational change process.

Points Based Selection A selection exercise with criteria agreed with staff representatives, to determine who will be offered posts when there are more people than posts.

TUPE

TUPE refers to the "Transfer of Undertakings (Protection of Employment) Regulations 2006" as amended by the "Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014". The TUPE rules apply to organisations of all sizes and protect employees' rights when the organisation or service they work for transfers to a new employer. The Trust has a legal obligation to transfer staff if TUPE applies

Employee Support Service Offers support to staff with a range of health and wellbeing issues.

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4. Organisational Change

4.1. Consultation

At the start of the consultation process managers need to confirm who is on maternity leave, sick leave or any other type of absence e.g. career break and make sure that they are invited to the group consultation meetings and are offered individual consultation meetings. If they cannot attend then it is important that managers agree with those who are absent a way of communicating the changes; this may be a telephone call followed up in writing or it may be written communication only.

4.1.1 When your manager identifies that a possible change may have an impact on your job then

they should start consulting with you as soon as possible. If the change affects more than one person the manager should arrange a group consultation meeting and invite: • everyone who might be affected including anyone who is on maternity leave, long term

sickness, or any other type of absence e.g. career break • HR and • staff side representatives.

4.1.2 At the group consultation meeting the manager should tell you: • what the proposed change is • the reasons for it • any other options available that they have considered • what the preferred option is (if they know) • the reasons why that is the preferred option • what the potential impact is on jobs e.g. reduction in posts, change of base, different

way of working etc. You should be provided with a written paper outlining the change either at the meeting or

as part of the written follow up to the meeting. 4.1.3 You should be asked for your views and suggestions at the meeting and you should also be

given the opportunity to comment in writing on the proposal and provide any other suggestions usually by a given date.

4.1.4 Managers should also submit the written paper outlining the organisational change to the LCC (JCC in the case of corporate departments, trust-wide change(s) or when this would be more timely) and should attend to consult formally with staff side representatives. Where possible this should occur before the group consultations.

4.1.5 Managers should seriously consider all concerns and suggestions and respond in writing, usually after a further group consultation meeting has taken place to verbally feedback their responses and to discuss any further concerns or suggestions. There is no limit on the number of consultation meetings which may be required – everyone affected should have the opportunity to give their views and offer any alternative suggestions and they should receive a response.

4.1.6 Managers should also arrange to see you individually if you wish to do so in order that you can discuss the impact the proposed change(s) will have on you personally e.g. carer commitments, health/disability, maternity and travel etc.

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4.1.7 At the end of the consultation process managers will make a decision which should be notified to you in writing giving the reasons for the decision and outlining any suggestions which have been taken into account.

4.2 Changes in job numbers or roles This may be as a result of management restructuring or the reconfiguration of a service resulting in changes to roles and/or a reduction in the number of jobs. *It needs to be recognised that the flowchart below is a general guide and may differ dependent on the specific circumstances. 4.2.1 Consultation should take place as described in 4.1 above

Who is eligible to be in the pool? – (including anyone on Maternity leave,

long term sick or career break)

Are the posts in the new structure substantially same as in the current

structure?

No

Are there sufficient posts in the new

structure

No

Preferencing and/or

Slotting in exercise applies

It is a legal requirement that staff on maternity leave have prior consideration of posts

Points based selection applies

4.2.2

Any displaced staff move into

redeployment

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4.2.2 If the number of posts reduces then points based selection will apply and HR must be

consulted. The criteria will be agreed with staff side representatives and will be based on objective criteria and/or an interview which will include Trust Values based questions. The criteria may include any or all of the following examples: • Relevant qualifications • Relevant experience • Competence • Sickness absence (excluding maternity and disability related sickness) • Current disciplinary record • Current informal/formal capability process.

4.2.3 Where practicable, you will be given the opportunity to review your scores from the

objective criteria above, affording you the opportunity to identify any errors or omissions in the information available.

4.2.4 The scores from the points based selection process will be consistency checked by a staff

side representative and an HR Manager, neither of whom will have prior involvement in the process and a signed record will be kept.

4.2.4 If you are not offered a post following the points based selection exercise then you will be

registered with the redeployment process and every effort will be made to find you suitable alternative employment.

Managers must ensure that the criteria for points based selection does not disadvantage anyone who has a disability, who may be pregnant or who may be or may have been on maternity leave. This may mean making reasonable adjustments to timeframes or taking any reasonable adjustments into account.

5. “Transfer of Undertakings (Protection of Employment) Regulations 2006" as amended by the "Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014"

5.1 TUPE applies when a service is transferred from the Trust (the transferor) to a new provider (the transferee) (or when a service transfers from a different provider to the Trust) and the following criteria are met: • There is an organised grouping of staff who work wholly or mainly into that service • The activities are to remain fundamentally the same. • The activities should not become fragmented at the point of transfer i.e. they should not

be split amongst different providers otherwise TUPE might not apply. 5.2 When the Trust is transferring a service to a new provider we will formally consult in writing

with full time Trade Union Officers as required by the TUPE regulations and staff side representatives will be invited to the group consultation meetings.

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5.3 The Trust will consult with you on any measures (proposed changes by the new provider) and will ask the new provider to meet with you prior to the transfer.

If TUPE applies, the Trust has a legal obligation to transfer your employment to the new provider to ensure that you maintain continuity of employment. As your employment is not classed as being at risk when TUPE applies then you are not eligible to enter the redeployment process.

6. Redeployment 6.1 If you do not secure a post following the implementation of the organisational change

process then you will be at risk of redundancy and will enter the redeployment process so that the Trust can try to find you suitable alternative employment.

6.2 Individuals will be provided with a copy of the Redeployment Procedure and Information Pack.

6.3 We will make every attempt to find a post which matches your current pay band, hours and role unless you advise us that you are willing to consider other options.

6.4 All offers of suitable alternative employment will be subject to a suitability assessment and a 4 week trial period.

6.5 In all cases you must meet the essential criteria in the person specification for the post or be able to achieve the requirements within a reasonable period of time.

6.6 When all other options have been exhausted and we have been unable to identify a post at the same pay band or hours then we may offer you a post at a lower pay band or fewer hours and we will pay protection of earnings as outlined in Section 5 below. This will ensure your continued employment with the Trust and the protection of earnings makes it a suitable alternative.

6.7 If a potentially suitable post is identified then a suitability assessment will be arranged. In cases where appointment to a post would result in promotion, you will be subject to the selection process specified for the vacancy aside from the initial application stage.

If you unreasonably turn down an offer of suitable alternative employment or refuse to consider opportunities for suitable alternative employment you may lose your right to a redundancy payment.

The Equality Act (2010) The positive action provisions make it clear that employers must not adopt policies or practices designed to routinely favor candidates with a certain protected characteristic, even where there is evidence of under-representation or disadvantage. All suitably qualified candidates must be considered on their individual merits for the post in question. The candidate with the highest scoring assessment should be offered the post. However, during the assessment process if the scoring of staff is exactly the same, consideration will be given to the use of the positive action provisions as outlined in the Equality Act (2010). In such circumstances please seek advice from the HR Operational Team.

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7. Protection of Earnings 7.1 Protection of earnings will apply if you are at risk of redundancy due to organisational change

and are offered a post at: • A lower band and/or • fewer hours and/or • Lower earnings due to loss of enhancements, requirement to cease participating in

contractual On-call etc. 7.2 If you are offered a post at a lower band then you will receive long term protection of your

basic salary i.e. the pay point you are on at the date of transfer plus regular overtime payments as outlined in the table below. To be eligible for overtime to be taken in to account you will have worked regularly for six months prior to the change e.g. every week excluding annual leave. Long term protection will also apply in circumstances where there is a permanent requirement to cease participating in an On-call rota.

Service (i.e. years of NHS employment irrespective of time in the grade)

Period of Protection

More than 1 years’ service but less than 2 years = 3 months

More than 2 years’ service but less than 5 years = 12 months

More than 5 years’ service but less than 15 years = 24 months

More than 15 years’ service = 36 months

7.3 During the protection period you will receive the “cost of living“award but will not progress up the incremental scale.

7.4 All NHS service counts for the purpose of protection 7.5 If your pay point on the old scale is equal to a pay point on the new scale then protection will

not apply. 7.6 If your new salary exceeds the level of earnings within the period then protection will cease. 7.7 At the end of the protection period the salary appropriate to the new post will be paid. 7.8 You will receive short term protection of earnings when regular earnings other than basic

salary are affected e.g. unsocial hours payments. 7.9 Your average earnings during the four months prior to the change will be calculated based

on regular payments including overtime as outlined at 7.2 but excluding other ad hoc payments and this will be your level of protectable earnings.

7.10 You will receive short term protection of earnings as follows:

Service (i.e. years of NHS employment) Period of Protection

6-12 months = 2 months protection

Over 12 months = 9 months protection

7.11 It is possible to be paid both long term and short term protection as a result of a change if

they both apply. 7.12 If you receive short term protection of earnings then you can be required to work up to the

level of protectable earnings; if you refuse a reasonable request to do so then protection can be withdrawn.

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7.13 At the end of the protection period you will be paid the rate appropriate to the new post. 7.14 Any earnings in your new post other than overtime or other ad hoc payments will be offset

against your protectable earnings. 7.15 If your earnings in your new post exceed the level of protectable earnings then you will not

receive any protection payment that month but will receive your earnings in full for that month.

7.16 If you request for personal reasons to change your working arrangements or post you will not be entitled to protection.

7.17 If you apply for a new post and are successful then protection will cease when you take up the post.

7.18 If you are appointed to a post in which the earnings are equal to or exceed your protected earnings then protection will cease.

7.19 If you refuse an offer of a suitable post with basic pay and/or earnings which exceeds the level of protection then you will lose your protection.

7.20 If you are receiving protection of earnings and are affected by another organisational change then any change of post will attract protection in its own right.

7.21 If your employment with the Trust ends then protection of earnings will cease

You will not receive protection of earnings if you request the change or are downgraded in accordance with the Disciplinary Procedure.

If you are a member of the NHS Pension Scheme and your earnings are reduced e.g. at the end of a period of protection you should contact the Pensions Office at Flatts Lane Centre to query whether you can protect your higher level of earnings for pension purposes.

8. Redundancy Situations 8.1 If we cannot find you suitable alternative employment then the Trust may have no

alternative but to make you redundant. 8.2 If we have to take this step then you will be invited to a formal management meeting

in accordance with the End of Employment Procedure. 8.3 You will be offered the opportunity to bring a companion to the meeting. 8.4 Your redundancy payment will be calculated in accordance with the Agenda for

Change Terms and Conditions of Service. 8.5 You will be given the notice period you are entitled to in accordance with the End of

Employment Procedure. 8.6 If you have refused the offer or refused to consider suitable alternative employment

then you will not receive a redundancy payment 8.7 If you obtain suitable alternative employment with another NHS organisation on or

before your date of termination or within 4 weeks of the date of termination you will not be entitled to a redundancy payment.

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9. Responsibilities

Role Responsibility Trust Board and EMT • To monitor all impending change and ensure that appropriate and

timely consultation takes place with staff side

Directors and Heads of Service (or equivalent postholders)

• To identify potential changes • To ensure that the consultation process starts at the earliest

opportunity • To ensure that the changes are consulted upon at LCC or JCC as

appropriate • To ensure that line managers are engaged and fully aware of the

need for the change so that they can consult with, respond to and support staff.

• To lead/be involved in complex changes • To consult with HR as soon as possible once a potential for

change is identified

Line Managers and Locality/Service Managers

• To be familiar with the Trust and Locality Business Plan • To identify changes relevant to their team(s) which will improve

patient care and/or achieve the objectives in the Business Plan. • Ensure that they are familiar with the need for any changes before

meeting staff • Lead the consultation process where required, arranging group

and individual consultation meetings • Ensure that they liaise with HR • Invite staff, staff side reps and HR to group consultation meetings • Maintain timely and effective communication with staff throughout

the process • Ensure that staff who are absent are offered every opportunity to

attend group and individual consultation meetings and receive copies of all documentation.

• Keep notes of telephone calls with staff who are absent. • Ensure that staff are offered the opportunity to be accompanied to

individual consultation meetings. • Support staff at risk to find suitable alternative employment by

identifying skills gaps, arranging training • Discuss the outcomes of suitability assessments where staff are

unsuccessful and support them in preparing for future assessments.

• Allow staff at risk paid time off for interviews and suitability assessments

• Identify staff who may need additional support throughout the process.

• To remain responsible for staff who are in the redeployment process until the date of transfer to their new post.

• Involve the Employee Support Service. • To accept that all scenarios cannot be included in one procedure

and that decisions may need to be made which are not covered by the procedure. In such cases the spirit of the procedure should apply.

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Appointing Officers • To follow the Trust’s Recruitment and Selection Policy for all vacancies

• To include on the Recruitment pro forma the date available for suitability assessments as this can be earlier than the interview date.

• To make staff at risk feel welcome during any visits to the team/unit as well as at the assessment

• To conduct a fair and transparent assessment process accepting that staff at risk need only meet the essential criteria for the post to be appointed.

• Accept that you may have to give up some of your normal decision making and choice in respect of recruitment.

• To keep accurate and comprehensive notes of the assessment in case of challenge.

• To make reasonable adjustments to the post and/or interview process for anyone who is disabled.

• To consider fully and fairly any flexible working arrangements requested.

• To accept that all scenarios cannot be included in one procedure and that decisions may need to be made which are not covered by the procedure. In such cases the spirit of the procedure should apply.

Staff affected by organisational change

• To attend consultation meetings wherever possible • To communicate with your manager and the person leading the

change, providing comments, alternative suggestions and engaging in the process.

• Identify any skills that you feel you need to help you to secure a post.

• Consider all the options put forward throughout the process including suitable alternative employment opportunities.

• Don’t be afraid to ask for help, support, or advice from your line manager, HR or other appropriate people.

• Engage positively in all efforts to find you suitable alternative employment

• Accept that the Redeployment Team may not be aware of all your skills, qualifications etc. so if you see a post advertised that you think is suitable contact them to let them know.

• To accept that whilst the changes are very personal to you, your managers, Directors and the Trust Board have to make difficult decisions which impact on staff and that sometimes these changes are outside of their control.

• To accept responsibility for own careers including identifying appropriate training and opportunities.

Staff Side representatives

• To support staff throughout the process • To engage in the consultation process in a positive and meaningful

way. • To work in partnership with managers and HR to minimise the

impact of organisational change on staff • To accept that all scenarios cannot be included in one procedure

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and that decisions may need to be made which are not covered by the procedure. In such cases the spirit of the procedure should apply.

Human Resources • To provide advice and guidance to managers and staff on the implementation of the procedure

• To provide a redeployment service for staff at risk which aims to provide continuity of employment with the Trust.

• To provide an Organisational Development service to support teams at times of change

• To provide a recruitment service which works closely with the redeployment service to ensure that posts are restricted to staff at risk when they might provide suitable alternative employment whilst minimising the impact on normal recruitment processes.

• To accept that all scenarios cannot be included in one procedure and that decisions may need to be made which are not covered by the procedure. In such cases the spirit of the procedure should apply.

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10. How this procedure will be implemented

• This procedure will be published on the Trust’s intranet and external website.

• Line managers will disseminate this procedure to all Trust employees where any proposed changes may be required

10.1 Training needs analysis

Staff/Professional Group

Type of Training Duration Frequency of Training

All senior managers Awareness sessions 1 hour As part of induction for new managers and incorporated in the Leadership and Management Programme

Senior managers may ensure they regularly refresh themselves with any changes/ amendments to procedure

11. How the implementation of this procedure will be monitored

Auditable Standard/Key Performance Indicators

Frequency/Method/Person Responsible

Where results and any Associate Action Plan will be reported to, implemented and monitored; (this will usually be via the relevant Governance Group).

1 Ensure information is visible for staff and management

Information Risk, Policy and Records Standards Team to upload up-to-date procedure

Trust’s intranet and external website

2 Number and type of organisational change processes carried out/completed across the Trust

All managers/senior managers within the services

LMGB/DMT/SMT meetings

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12. References Equality Act 2010 Human Rights Act 1998 TEWV Human Rights Equality and Diversity Policy

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13. Document control

Date of approval: 03 July 2018

Next review date: 03 July 2021

This document replaces: Organisational Change Policy HR/0018/v6(1)

Lead: Name Title

Beverley Vardon-Odonkor Head of HR and Workforce Assurance

Members of working party: Name Title

Nicola Rutherford Jane Keenan Elaine Corbyn Gordon Lees Tim Grace Kath Dowson Stephen Scorer/Christine McCann

Senior HR Manager Staff Side Chair HR Manager Medical Staffing Staff Side Representative/RCN Staff Side Representative/RCN Staff Side Representative/Unison Head of Service – MHSOP – Durham and Darlington Deputy Director of Nursing

This document has been agreed and accepted by: (Director)

Name Title

David Levy Director of Human Resources

This document was approved by:

Name of committee/group Date

JCC 03 July 2018

An equality analysis was completed on this document on:

27 April 2018

Change record

Version Date Amendment details Status

7 April 2018 Amendments made to procedure as part of review and to align to the Redeployment Procedure Review and amendment to wording - Equality Act 2010 Section

Published

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Appendix 1 - Redeployment Process Map

Step 1: Arrange Redeployment Registration Meeting HR representative arranges redeployment meeting with line manager Invite letter will be sent to individual at least 7 days prior to meeting. If the employee had prior knowledge of redeployment situation, redeployment information pack would be forwarded.

Step 2: Redeployment meeting Line Manager, HR representative, employee and companion meet on specific date. During the meeting the redeployment process is explained, individual registration forms are completed form, & support plan agreed. Collect completed additional information form If information not previously sent hand out and explain redeployment documents N.B. A follow up meeting can be arranged if appropriate i.e. if individual is distressed at news Individual is then registered with redeployment process

Step 3: Identifying a suitable vacancy Employee can access a list of available vacancies through a live list on inTouch, this is updated every day. If an individual identifies a vacancy as potentially suitable, they can contact the AHRO via the employee link on inTouch, by email or telephone. Assistant HR Officer (AHRO) checks vacancy list daily for potential matches against an individual

Step 4: Reviewing potential match AHRO sends out job information (Job Description and Person Specification) and proforma for employee to complete. Individual will need to confirm if they feel the post is suitable or not. If it is not the individual must provide reasons for unsuitability e.g. skills, hours linked to caring responsibility , transport and location This pro-forma should be returned to AHRO within 3 days

Step 5a. Employee deems post suitable If deemed suitable, suitability assessment will be arranged except where would result in promotion

Step 5b. Employee deems post unsuitable Reason considered by Head of HR & Workforce Assurance

Step 5b (1) If HR Manager not in agreement discussed with Independent staff side rep. If still disagreement moves to suitability assessment process

Step 5b (2) If agreed with rationale, post released and individual returns to Step 3

Step 6: Suitability Assessment Suitability assessment takes place between recruiting manager(s) and employee. Manager will complete Suitability Assessment Form and Suitability Pro-forma which should be emailed to AHRO NB If more than one individual, assessment and paperwork completed for each individual. Individual with highest score would be offered post

Step 7a. If both employee and employer feel post is suitable following assessment manager should contact individual to confirm and arrange a start date.

Step 7b. If manager feels the individual is unsuitable or the individual feels that the post is unsuitable following assessment. Reason considered by Head of HR & Workforce Assurance

Step 7 b (1) If HR Manager is not in agreement discussed with recruiting manager and where necessary with recruiting manager’s executive director.

Step 7 b (2) If agreed with rationale, post released and individual returns to Step 3

Step 8 Individual begins in post with a minimum of 4 week trial period.

Reg

istr

atio

n M

atch

ing

Suita

bilit

y

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Appendix 2 - Consultation process Prior to Decision Making

(This is to ensure a consistent approach across the Trust and that meaningful consultation takes place)

Initial meeting to discuss potential changes and identify areas of Mutual Concern

Prior to Decision Making

Meeting – Managers / Staff Side Reps / HR to outline options which may include a preferred option and minimum timetable

Staff Side Meeting Staff JCC/LCC External Consultation

e.g. L.A. Feedback on proposal to managers

including HR / Staff Side (Stages may need to be repeated)

Decision made on Preferred Course of Action / Communication / Timescale etc.

Briefing to Staff

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Appendix 3 - Equality Analysis Screening Form

Name of Service area, Directorate/Department i.e. substance misuse, corporate, finance etc.

Human Resources

Name of responsible person and job title Beverley Vardon-Odonkor, Head of HR & Workforce Assurance

Name of working party, to include any other individuals, agencies or groups involved in this analysis

Policy Working Group, JCC

Policy (document/service) name Organisational Change Procedure

Is the area being assessed a… Policy/Strategy Service/Business plan Project

Procedure/Guidance X Code of practice

Other – Please state

Geographical area covered Trust-wide

Aims and objectives To set out the key principles for managers/services in relation to the process to follow and implement where organizational change is identified/required as a result of internal or external factors. To ensure all staff are informed and consulted with about any potential change that may affect their employment in a fair, transparent and effective way, minimizing any adverse consequences to staff where possible.

Start date of Equality Analysis Screening March 2018

End date of Equality Analysis Screening 27 April 2018

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You must contact the EDHR team if you identify a negative impact. 1. Who does the Policy, Service, Function, Strategy, Code of practice, Guidance, Project or Business plan benefit?

All staff affected by organisational change. All managers who need to lead, consult upon and manage an organisational change process.

2. Will the Policy, Service, Function, Strategy, Code of practice, Guidance, Project or Business plan impact negatively on any of the protected characteristic groups below?

Race (including Gypsy and Traveller) No Disability (includes physical, learning, mental health, sensory and medical disabilities)

Yes Sex (Men, women and gender neutral etc.)

Yes

Gender reassignment (Transgender and gender identity)

No Sexual Orientation (Lesbian, Gay, Bisexual and Heterosexual etc.)

No Age (includes, young people, older people – people of all ages)

No

Religion or Belief (includes faith groups, atheism and philosophical belief’s)

No Pregnancy and Maternity (includes pregnancy, women who are breastfeeding and women on maternity leave)

Yes Marriage and Civil Partnership (includes opposite and same sex couples who are married or civil partners)

No

Yes – Please describe anticipated negative impact/s No – Please describe any positive impacts/s During the consultation process, individuals will have the opportunity to discuss the impact the proposed changes will have on them personally, e.g. carer, health/disability, maternity and travel etc. Managers and HR will ensure that criteria for points based selection does not disadvantage anyone who has a disability, who may be pregnant or who may be or may have been on maternity leave. This will also include making reasonable adjustments to time frames or

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taking any other adjustment into consideration During the redeployment process individuals will be given the opportunity (at the appropriate point) to discuss any restrictions/adjustments required.

3. Have you considered other sources of information such as; legislation, codes of practice, best practice,

nice guidelines, CQC reports or feedback etc.? If ‘No’, why not?

Yes

X

No

Sources of Information may include: • Feedback from equality bodies, Care Quality

Commission, Equality and Human Rights Commission, etc.

• Investigation findings • Trust Strategic Direction • Data collection/analysis • National Guidance/Reports

• Staff grievances • Media • Community Consultation/Consultation Groups • Internal Consultation • Research • Other (Please state below)

4. Have you engaged or consulted with service users, carers, staff and other stakeholders including people from the following protected groups?: Race, Disability, Gender, Gender reassignment (Trans), Sexual Orientation (LGB), Religion or Belief, Age, Pregnancy and Maternity or Marriage and Civil Partnership

Yes – Please describe the engagement and involvement that has taken place

Members of the Policy Working Group including staffside; JCC

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5. As part of this equality analysis have any training needs/service needs been identified?

Yes/No Please describe the identified training needs/service needs below

A training need has been identified for;

Trust staff No

Service users No Contractors or other outside agencies

No

Make sure that you have checked the information and that you are comfortable that additional evidence can provided if you are required to do so

The completed EA has been signed off by: Sarah Jay You the Policy owner/manager: Type name: Gillian Rafferty

Date: 27/03/2018

Your reporting (line) manager: Type name: Nicola Rutherford

Date: 27/03/2018

If you need further advice or information on equality analysis, the EDHR team host surgeries to support you in this process, to book on and find out more please call: 0191 3336267/3046

No – Please describe future plans that you may have to engage and involve people from different groups

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Appendix 4 – Approval checklist

To be completed by lead and attached to any document which guides practice when submitted to the appropriate committee/group for consideration and approval.

Title of document being reviewed: Yes/No/

Unsure Comments

1. Title

Is the title clear and unambiguous? Yes

Is it clear whether the document is a guideline, policy, protocol or standard? Yes

2. Rationale

Are reasons for development of the document stated? Yes

3. Development Process

Are people involved in the development identified? Yes

Has relevant expertise has been sought/used? Yes

Is there evidence of consultation with stakeholders and users?

Have any related documents or documents that are impacted by this change been

Yes

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Title of document being reviewed: Yes/No/

Unsure Comments

identified and updated?

4. Content

Is the objective of the document clear? Yes

Is the target population clear and unambiguous? Yes

Are the intended outcomes described? Yes

Are the statements clear and unambiguous?

5. Evidence Base

Is the type of evidence to support the document identified explicitly? Yes

Are key references cited? Yes

Are supporting documents referenced? Yes

6. Training

Have training needs been considered? Yes

Are training needs included in the document? Yes

7. Implementation and monitoring

Does the document identify how it will be implemented and monitored?

8. Equality analysis

Has an equality analysis been completed for the document? Yes

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Title of document being reviewed: Yes/No/

Unsure Comments

Have Equality and Diversity reviewed and approved the equality analysis? No

9. Approval

Does the document identify which committee/group will approve it? Yes

Signature: