Document name:
EMPLOYEE
PACK
ORGANISATIONAL
CHANGE
REDUNDANCY
Document type:
GUIDANCE FOR EMPLOYEES
Staff group to whom it
applies:
ALL EMPLOYEES
FACING
AND
Distribution:
How to access:
Issue date:
FEBRUARY 2014
Next review:
DECEMBER 2017
Approved by:
Developed by:
HR WITH CONSULTATION WITH STAFF
SIDE
Director leads:
DIRECTOR OF HUMAN RESOURCES AND
WORKFORCE DEVELOPMENT
Contact for advice:
HUMAN RESOURCES
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CONTENTS
PAGE
1.
INTRODUCTION
3
2.
WHAT DOES ‘AT RISK OF REDUNDANCY’ MEAN?
3
3.
CONSULTATION PROCESS
4.
SELECTING PEOPLE FOR REDUNDANCY
5.
FINDING SUITABLE ALTERATIVE EMPLOYMENT
4-6
6.
AT RISK REGISTER PROCESS
6-7
7.
FIXED TERM/TEMPORARY CONTRACTS AS AN
ALTERNATIVE TO REDUNDANCY
7-8
8.
PENSION DECISIONS
8-9
9.
TRAINING/DEVELOPMENT TO ASSIST YOUR SEARCH
FOR A JOB
9-10
10.
REDUNDANCY NOTICE AND PAYMENTS
10-12
11.
PRACTICAL STEPS THAT YOU CAN TAKE DURING THE
CONSULTATION/NOTICE PERIODS WHEN YOU FACE
REDUNDANCY
12-15
12.
EXTERNAL REDUNDANCY ADVICE AND SUPPORT
15-16
13.
LIST OF FREQUENTLY ASKED QUESTIONS THAT MAY
HELP YOU UNDERSTAND THE PROCESS AND ANSWER
SOME OF YOUR OWN QUESTIONS
16-25
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4
Page 2
EMPLOYEE PACK
FACING ORGANISATIONAL CHANGE AND REDUNDANCY
1.
INTRODUCTION
The Trust recognises that any change can be difficult for employees to deal
with, but this is more stressful if there is a possibility that you may be made
redundant.
This document has been prepared to help all employees facing
organisational change and the impact of possible redundancy.
The pack will contain information on the process of organisational change,
finding suitable alternative employment, redundancy payments, where help
can be gained from outside the Trust and a list of frequently asked
questions that may be helpful.
2.
WHAT DOES ‘AT RISK OF REDUNDANCY’ MEAN?
Redundancy is a form of termination of employment (dismissal), which is a
result of the need to reduce or redefine the workforce. Reasons for this
could include:

The job you were employed to do no longer exists. This could be
because of funding restrictions or the post had been created for a
particular time restricted project.

The area in which you work is restructuring or changing the way it
works due to technology or other reasons.
Being placed ‘at risk’ of redundancy means that there is a possibility that
you will be made redundant but at this stage it is not definite. Before a
person is identified as redundant, the Trust has to undertake ‘consultation’
with you and the recognised Trade Unions.
3.
CONSULTATION PROCESS
Any changes have to be explained to you in detail as detailed in Section
8.6 of the Trust’s Organisational Change Policy.
This is an opportunity for you and your Trade Union to put forward any
other solutions, ideas, ask questions and understand the reason for the
change and solution that have been proposed.
This consultation is entered into in ‘good faith’ and every idea, question,
worry will be listened to. There is no obvious or silly idea or question so do
not be afraid to put forward anything at all. If you do not feel confident to
put forward your views on your own, you can do this as a group or through
your Trade Union Representative.
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The consultation will continue for a minimum period of 30 days. The
consultation can make a difference as it makes the manager consider
options that they may not have previously thought of.
4.
SELECTING PEOPLE FOR REDUNDANCY
When selecting staff for redundancy the Trust must ensure that the
selection is fair.
In some cases the selection is based upon the fact that only one person
does the work that is to be withdrawn. This is known as a ‘stand-alone
post’.
In other cases there are a group of staff that all do the same or similar work
from which people will be selected for the posts to be filled within the new
structure and one or a number that are not selected for the new posts will
be placed at risk of redundancy. This will be known as a ‘pool’.
You will be notified of the method of selection and the criteria to be used
during consultation process. This can include an interview or matrix
selection criteria.
The selection criteria can legitimately look at a number of areas of your
employment for the manager to decide who will be put into post and who
will then be at risk of redundancy. They may include:

Skills and capability in your current work.

Your attendance record. This can include unauthorised absence, as
well as the level of sickness absence you have had.

The skills and qualifications to undertake the new role (if the post has
changed).

Affordability/cost of the redundancy payment (this can be used as one
of the criteria but not the only one).
You should, however, be notified if a matrix is to be used as the selection
criteria and a copy of this given to you as part of the consultation process.
5.
FINDING SUITABLE ALTERNATIVE EMPLOYMENT
The Trust will make every effort to find all employees at risk of redundancy
suitable alternative employment within the Trust. However, you need to be
aware that while every effort is made this is not always possible.
All new/vacant posts within the Trust will be made available to those who
are subject to the process and therefore on the At Risk Register before
being made available to other employees of the Trust or advertised
externally.
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If you are offered the opportunity to have a preferential interview or offered
a suitable alternative post, you need to think carefully before deciding that
the post is not suitable for you.
If you turn it down and the Trust considers this post is suitable alternative
employment, you may no longer be legally redundant, but in the same
position as if you had just resigned (you will lose the right to your
redundancy pay).
However, you can clearly turn down a post that is not suitable for you
based upon location, skills, qualifications, hours, shift patterns and status
etc. provided they are substantially different from your current post.
Should you believe that a post identified for you is not suitable you should
contact your manager to discuss this and send the details of why this is the
case to them and the Recruitment Team via email to
[email protected] or telephone 01226 434632/434027.
The
manager will discuss this with HR and a decision may be escalated to the
Director and HR Business Partner for any final decision.
You will be given an opportunity to try the new post for a minimum four
week trial period (this can be extended up to a maximum of three months
with the agreement of the manager).
The trial is to ensure that you are suitable for the post and the post is
suitable for you. During the trial period you are still technically at risk of
redundancy and therefore would still be entitled to your redundancy pay if
the trial is deemed unsuccessful by the Trust.
If you are still in post at the end of the trial, the post would be deemed as
suitable for you.
If you reject the new post before the end of the trial period because it is
unsuitable (provided the Trust agrees that there is a good reason for the
post being unsuitable) your redundancy will take place.
If the Trust deems the post as suitable alternative employment you should
discuss your reasons why you believe it is not with your Senior Manager
before ending the trial.
All vacant posts will be advertised via NHS Jobs (www.jobs.nhs.uk) and
you should apply for any posts that you or the Trust has deemed potentially
suitable for you using your restricted account. This will ensure you are
identified as an at risk candidate and receive a preferential interview if you
meet the requirements of the post (see Section 6).
A preferential interview means that you will be given an opportunity to be
interviewed for a new post prior to it being open to external or other internal
candidates.
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It does not mean that you will necessarily be the only person for this post
as you may be in competition for the post with other candidates that are
also on the at risk register. The interview is to assess your suitability for
the post.
Should you not have internet access please contact your HR
Representative to discuss alternative ways of seeking and applying for
suitable alternative employment.
Suitable alternative employment will be sought via the At Risk Register.
6.
AT RISK REGISTER PROCESS
The At Risk Register is a database upon which your details will be placed
in order for you to receive notification of, and a preferential interview for;
any posts available within the Trust that may be suitable for you as an
alternative to redundancy.
The register has three tiers. These are:
Tier 1
All employees that have been selected for redundancy and are to be or
have been served with notice. This includes employees that are in standalone posts during the consultation period and those that are in the last
three months of fixed term contracts, where there is a need to find suitable
employment in line with the fixed term workers regulations and Trust policy.
(This tier also includes other employees that are on the At Risk Register
due to ill health capability).
Tier 2
All employees that are in a pool of staff from which one or more may be
selected for redundancy or staff that are on protected pay.
This group can also include people that have accepted fixed term contracts
as a temporary measure to prevent redundancy or dismissal due to
capability as a result of ill health prior to the last three months of the
contract.
Tier 3
Anyone that has been notified that organisational change is on the horizon
but consultation has not commenced.
You will be asked to complete an at risk application form giving as much
detail as possible about the skills, qualification, base, hours etc. that you
could work. You must complete this as quickly as possible as this allows
more efficient matching of posts to you.
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You will be placed upon the appropriate tier according to your
circumstances.
If or when you are on Tier 1 you will have to apply for any post that is
deemed suitable for you.
All vacant posts will be checked against the at risk candidates to see if
there is a match prior to any post being released for advert by HR. You will
then receive an email informing you of the match.
A post will be deemed suitable if it is a reasonable alternative to your
original employment in terms of grade, hours, terms and conditions etc.
If you do not believe a post is suitable you must put in writing (via email is
fine) explaining your reasons. This will be considered by your current
Senior Manager and Senior HR Manager who may require a discussion
with you. Should they agree then this is accepted. Should they feel the
post is suitable the decision will be referred to your Director/Senior
Manager and HR Business Partners.
You may want to discuss this with your Trade Union Representative prior to
submitting the reason.
If you fail to apply for a post that is deemed suitable you may forfeit your
redundancy pay as stated in Section 5.
You will also receive a list of all vacant posts that have been advertised by
the Trust on weekly basis so that you can check if you believe any of the
posts ‘not matched’ to you are suitable.
If you see a post on the weekly vacancy list that may be suitable you would
need to apply for it via your NHS restricted account and inform the HR
Representative involved in your case immediately.
Anyone that does not have internet access please contact your HR
Representative immediately to discuss how the process can be adapted for
you.
7.
FIXED TERM/TEMPORARY CONTRACTS AS AN ALTERNATIVE TO
REDUNDANCY
On occasions permanent suitable alternative employment cannot be found,
however, there may be a fixed term contract that you may be suitable for.
In such circumstances you should consider accepting such a post to
prevent your redundancy at this time.
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If you accept such a post you will:
8.

Remain on the At Risk Register to continue to look for permanent
suitable alternative employment. This will be on Tier 2 until the last
three months is the fixed term contract when the individual will be
moved to Tier 1.

Your redundancy termination date will be extended to the end of the
fixed term contract.

Should no permanent employment be found during the fixed term
period, you will still receive your redundancy payment but this will be
recalculated to your new termination date.

Redundancy payment will be made at the rate of the post from which
you were originally to be made redundant.
PENSION DECISIONS
If you are a member of the NHS Pension Scheme you need to be aware of
the options available to you. Your choices depend upon our personal
circumstances and the situation you find yourself in. It is advisable to talk
to Payroll about the options you have.
8.1
Finding suitable alternative employment on the same pay
band/hours etc. will have no effect upon your pension as you will
carry on paying into and accruing your pension rights exactly as
you were doing in your previous role.
8.2
If you find suitable alternative employment with the Trust or
another NHS employer on a lower band this may affect your
pension entitlement. (Protection of pay, if applicable, may prevent
any consequences to your pension for the interim period.
8.3
If you find suitable alternative employment with the Trust or
another NHS employer on less hours this may affect your pension
entitlement.
8.4
Options re your pension if you are made redundant under age
50
If you are under 50 when you are made redundant any pension
benefits you have accrued will be preserved until your normal
retirement age. Alternatively you may be able to re-join the
scheme at a later date if you gain other NHS employment in the
future. The pension’s manager will be able to give you a quotation
of your benefits.
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8.5
Options re your pension if you are made redundant over age
50
If you are over 50 when you are made redundant, you will have a
choice whether you wish to take the cash redundancy and leave
your pension until your normal retirement age or choose to take
your pension and any balance redundancy due, after the charge
applied to the organisation from the NHS Pensions Agency to pay
for you to receive your pension early, has been deducted. The
pension’s manager will be able to give you a quotation to enable
you to make your choice.
8.6
Paid Pension for Less than Two Years
If you have paid into the NHS Pension Scheme for less than two
years your pension rights will be cancelled and you will need to
apply for a refund of the contributions you have made (but not the
contributions made by the Trust).
Tax and National Insurance will be deducted from any refund as
your contribution would have been tax free at the time of payment.
9.
TRAINING/DEVELOPMENT TO ASSIST YOUR SEARCH FOR A JOB
9.1
Redundancy may be a time to reassess your job ambitions and
prospects including updating or learning new skills/gaining
qualifications to enable you to get a new job or different job
opportunities.
9.2
Training Courses
There are many training courses and training providers external to
the organisation including colleges and private training companies.
The National Careers Service will be able to help find an
appropriate course and provider as will Job Centre Plus.
Job Centre Plus can give you information on training courses
including basic skills courses, academic qualifications, vocational
courses and job specific training.
Undertake Work Experience
If you wish to consider a different career path it may be possible to
provide you with a period of work experience within the Trust prior
to your termination or after your termination of employment on the
grounds of redundancy. Should you wish to pursue this please
discuss with your HR Representative and manager.
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9.4
Should you wish to undertake any development that may assist
your success in finding suitable alternative employment internally
or externally please contact your manager/HR Representative to
discuss this. This may include CV/application form completion,
interview skills etc.
You could also contact Learning and Development to check what
training is already provided and can be offered internally to fulfil
your requirements.
Reasonable time off will be granted to attend any such course if
they are deemed suitable. Alternatively arrangements can be
made to alter working patterns etc. to facilitate attendance on any
courses.
Please note the Trust cannot guarantee the funding for external
courses. An application for funding will be dealt with on a case by
case basis and based on individual circumstances.
10.
REDUNDANCY NOTICE AND PAYMENTS
10.1
10.2
Where no alternative to redundancy has been found, you will be
formally informed that you have been selected for redundancy in
writing. The letter will be quite formal and will include:

Formal notice of the termination of employment by reason of
redundancy. This will detail the number of weeks’ notice you
are entitled to, up to a maximum of 12 weeks. This is not less
than one week for each year of service with the organisation.

The date your employment is due to end.

The amount of redundancy you are due to receive.

Your right to appeal the decision to make you redundant, the
timescales and who this should be sent to.
Entitlement to Notice Periods
You will receive the appropriate notice as identified in your contract
of employment.
The maximum that you receive is 12 weeks. Please check with
your HR Representative if you are unsure.
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You would normally be expected to work your notice period,
however, should you wish to leave the Trust earlier you should
discuss this with your manager. You should, however, note that
should agreement be made for your contract to end prior to the
specified notice period, you would forfeit any of the weeks’ notice
pay not worked.
10.3
The date your employment will end will be the last day of your
notice period or the date agreed with your manager if earlier.
10.4
Your redundancy pay is calculated based on your continuous
service with the NHS provided you have two years’ service at the
date of the termination of your employment on a full time or part
time contract. Bank work does not count for the purposes of
redundancy calculations. You do not need to apply for your
redundancy payment, it will be paid to you automatically in your
final salary.
You will receive one month of your salary (less any salary
sacrifice) per year of service up to a maximum of 24 months
payment.
Redundancy is paid subject to HMRC regulations. Currently the
first £30,000 is paid tax free, the remainder is subject to tax and
national insurance as normal.
10.5
What Service Will Not Count

If you have had a break in your NHS employment for one
week(Sunday to Saturday) then any service before this break
will not be counted towards redundancy entitlement.

If you have received a redundancy or MARS payment at any
time, the service that was counted towards this will not be
counted again.

Any service counted towards pension benefits you have
received will not count for redundancy purposes.
If you think that any of the above apply to you please contact
Payroll to discuss this in detail and establish the facts.
It is important that you complete the employment/pension history
questionnaire to ensure your service is accurate and you receive
the redundancy payment you are entitled to.
Please see Appendix 17.3 of the Organisational Change Policy
and Procedure for other reasons that redundancy payment will not
be paid.
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10.6
Annual Leave/Time Owing and Flexi Time
You should discuss with your manager how much annual leave,
flexi time and time accrued you are entitled to up to and including
your last day of employment. You must take this leave prior to
your last day of work unless your manager refuses to allow you to
take your annual leave at any point up to your termination date due
to service need.
Your annual leave request is subject to the normal rules for the
department. You will not be paid for annual leave that has not
been taken if there is a period of time in which you may take this
leave.
11.
PRACTICAL STEPS THAT YOU CAN TAKE DURING THE
CONSULTATION/NOTICE PERIODS WHEN YOU FACE REDUNDANCY
You should be allowed reasonable time, subject to service demands to use
the Trust computers in lunch breaks and after/before work to look for
employment and apply for external vacancies.
Should suitable alternative employment be available within the Trust you
should be given a reasonable amount of time to complete the application
form at a convenient time that is agreed with your manager and time for
you to attend the preferential interview.
11.1
Where To Look For Jobs
While the Trust will do everything possible to find suitable
alternative posts for you within the Trust, this is not always
possible.
You should also look for work outside of the
organisation.
Jobs are advertised in many places, some of which are listed
below.

NHS Jobs (www.jobs.nhs.uk) - most NHS organisations use
NHS Jobs to advertise all the vacancies. You can use the
search tool to look for the type of work you want to apply for
and the geographical area that you would consider.
You can also use the email system to set up a search that will
result in you receiving an email from NHS Jobs if a post that
meets your criteria is posted onto the website.

Job Centre Plus
You can search the UK’s largest database of job vacancies on
the internet or by phone as detailed below.
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Log onto www.direct.gov.uk/jobsearch
Phone Job Centre Plus on 0845 6060 234
Visit the job point at the Job Centre.

Recruitment Agencies
You can look at the internet or in the local phone book to find
local agencies.

The Internet
Many employers and newspapers advertise jobs on the
internet. You can use the internet at public libraries and cyber
cafes.
If you do not have access at home or in work at lunch breaks,
please contact your HR Representative to discuss how
access on the Trust site can be given to you.

Newspapers/Journals
Often local newspapers also advertise jobs. Your library or
newsagent may be able to provide advice of the best paper to
check or specialist journals that may have posts advertised in
an area of interest to you.

Shop Windows
Often local shops/supermarkets etc. advertise in the window
or on a bulletin board.

Friends/Family etc.
While they may not be advertising posts themselves, if they
know you are looking for work they can inform you of any
opportunities that they may be aware of where they work or a
post they have seen advertised.
11.2
Tips For Completion Of CVs, Application Forms
When completing an application form or CV for a post it is
important that you capture the attention of the recruiter quickly.
The following tips will help you to ensure that your application/CV
is the best it can be.
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
Make sure you understand the post you are applying for.

Check that you meet the minimum requirements for the post
i.e. you have the qualifications, skills, experience specified in
the person specification or job advert.
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11.3

Do not do one generic application/CV. Ensure that the
application demonstrates how you match what the
organisation is looking for i.e. job description and
requirements for the post.

Be concise - use a clear structure so the recruiter can easily
draw out the relevant information.

Always include basic personal details, name, contact details,
education, qualifications and work experience, voluntary
experience.

For each previous post detail your experience and
achievements you gained tailoring them to show how you
match and have experience for the post advertised (job
requirements).

Don’t exaggerate nor underplay your achievements.
Remember you may be asked questions on the information
you provide.

Provide details of what you were doing during your
employment gaps.

Remember to include hobbies or interests if they are relevant
to the skills and experience required for the post.

Make sure you check and correct spellings and grammar. It
may be helpful to get a second person to proof read it for you.
Interview Skills
While you will be given a preferential interview for any post that
you are shortlisted for, the manager has to ensure you are suitable
for the post in that you have the right skills, experience and
qualifications etc.
It is important to note that there may be other ‘at risk’ candidates
also attending for a preferential interview.
You should therefore always prepare for the interview. These tips
will also be relevant for any interviews external to the Trust.
Before the interview:

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Review the details of the post and the organisation, paying
particular attention to the criteria they are looking for.
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
Prepare answers to questions that you think you may be
asked. These will again be related to the experience and
criteria required for the post.

Plan how you will get to the interview, paying particular
attention to the length of time it will take to get there, where
the interview is and parking arrangements if required. Allow
extra time for any delays.

Consider your personal presentation.

Check the interview letter details to ensure you take with you
anything they have asked for i.e. qualification certificates,
proof of identity and entitlement to work in the UK.
Should you require interview skills training, this can be provided on
an ad hoc basis internally by contacting your HR Representative
who will make such arrangements for you.
This can also be provided externally by Job Centre Plus or further
guidance obtained via the direct.gov website - see
www.direct.gov.uk/jobseekers.
Reasonable time off will be granted to attend interview skill
training.
12.
EXTERNAL REDUNDANCY ADVICE AND SUPPORT
There are many sources of advice that you can access for further
information on redundancy and support. These are:
ACAS Helpline
Advice on employment issues including redundancy can be accessed
through ACAS.
Telephone: 08457 474747
Website: www.acas.org.uk
Citizens Advice Bureau
Citizens Advice Bureau Online Advice Guide
The online advice guide - this complements the service provided by the
Citizens Advice Bureau branches. It provides information on many
including debt, employment, benefits and tax, family including housing,
education and health.
Website: www.citizensadvice.org.uk
Telephone: see local phone book
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Job Centre Plus
Offers recruitment-related services to individuals and employers.
The service offered to individuals includes employment training, work
steps, job search and assessment for employment, work preparation and
access to work assistance.
Telephone: 0845 6060 234
Website: www.jobcentreguide.org
NHS Jobs Website
Advertises vacancy for Trust and other NHS Organisations. You can set
up an email alert to notify you of job vacancies that meet your
specifications.
Website: www.jobs.nhs.uk
National Careers Service
Telephone: 0800 100 900
Website: www.direct.gov.uk/nationalcareersservice
Pension Advice
Payroll Department, Kendray Hospital, Doncaster Road, BarnsleyS70 3RD
Telephone: 01226 434113
The Money Advice Service
The Money Advice Service can provide practical advice to people facing
redundancy over the phone or internet. This includes help in relation to
starting your own business, managing your money, entitlement to benefits,
problems paying your mortgage and many other practical tips.
Website: www.moneyadviceservice.org.uk
Telephone: 0300 500 5000
13.
LIST OF FREQUENTLY ASKED QUESTIONS THAT MAY HELP YOU
UNDERSTAND THE PROCESS AND ANSWER SOME OF YOUR OWN
QUESTIONS
PROPOSAL AND CONSULTATION
1.
How are posts identified as being at risk of redundancy?
It would usually be the Senior Management Team that would devise
the proposed new structure for the department which could potentially
place staff at risk of redundancy.
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2.
Why is a particular post singled out as the one at risk of
redundancy?
The most common reason is that the post you are in has very specific
responsibilities and duties which are being removed from the structure.
The other reason might be because it specifically/directly supports
another post which is also at risk.
3.
How is it decided which jobs go in a pool?
A pool of staff includes those with similar jobs where the knowledge
and skills are broadly interchangeable. The pools are based on jobs
which are similar and which would be expected to be picking up the
reprioritised workload should redundancies occur.
Being in a pool means your job is at risk but does not necessarily
mean that everyone in that pool will be made redundant e.g. if there
are five staff in the pool and four posts in the new structure, a selection
process will be undertaken to select one member of staff that could be
made redundant. The other four will be slotted into the post within the
new structure.
4.
What should I do if I have been placed in a pool and don’t think I
should have been?
The consultation period is your opportunity to raise any issues you
have with the process or proposal. You should, therefore, raise this
with your manager giving the reason why you believe you should not
be in a pool.
While the manager has to consider any information given by those
affected by change, they do not have to stop the process but feedback
to you the decision which has been made and the reason for this.
5.
How can posts be made redundant when the workload remains
the same?
Business and work plans cannot remain the same, new staffing
structures will be put in place which sets out the new work plans.
This also ensures that those who remain in the organisation will not
have an unfair workload placed upon them.
6.
When do formal consultation periods start?
In general, it depends on how much notice we have or when the
redundancies need to happen. We would always aim to begin
consultation as soon as possible.
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As soon as the organisational change/proposed new structure is
worked through by the managers and trade unions and other
departments if there is an impact on their service.
7.
If one of the pool members was not present at the initial meeting
to put the pool at risk, does the pool have the right to an
extension to the consultation?
The minimum of 30 day consultation period starts when the meeting of
the pool takes place. This doesn’t alter for the absence of one
member.
8.
Do staff side make decisions on any parts of the process, for
example, deciding the pools?
Staff side have no part in deciding which individual posts or pools are
identified as being at risk. However, the consultation period allows
them, together with their members, to offer alternative suggestions
regarding any way of saving money or on the proposed structure.
They can also support their members in challenging whether or not
certain jobs should be in pools.
9.
If I am in a pool that has to find a WTE redundancy, could two
people reduce their hours and job share to avoid redundancy?
Yes in theory they could offer to do this. The decision to allow this
could be a service decision based upon the requirements for the post
i.e. could the post work as a job share. If this was put forward
management have a responsibility to seriously consider this solution
as with any other solutions put forward during the consultation period.
10. If I volunteer to reduce my hours in order to prevent a colleague
being made redundant, and later face compulsory redundancy
again, what would my redundancy payment be based upon?
The redundancy payment would be paid based upon your new
contracted hours.
SELECTION
11. What is the selection process to select who in a pool will be
selected for compulsory redundancy?
The selection process can be through matrix or interview to select the
employees that will be put into post within the new structure.
The interviews will be undertaken in line with the Trust’s recruitment
process.
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The matrix will be made as objective as possible and require each
employee to be scored against particular criteria such as
qualifications, skills, attendance, time keeping, job performance and
disciplinary record. All scores will have to be justified.
Those that are not successful in obtaining a post in the new
structure will be at risk of redundancy.
12. Who will complete the matrix?
The matrix criteria will be shared with the trade unions for agreement.
A minimum of two people, but three where possible, (including a HR
representative) will score the matrix. It would usually be a manager
that knows the staff well enough to collate the scores.
13. Will I get a copy of my matrix score?
Yes, you will be given a copy of your own individual score. This is,
however, confidential and should not be shared with your colleagues
in the pool as it may have an adverse effect on the process.
Should you believe that the scores have been unfairly applied you can
ask for this to be reviewed, giving the criteria which you do not agree
with and why. It will then be examined by an independent manager
and HR representative.
14. I am on maternity leave; can I still be made redundant?
Yes, provided the selection is not based on your pregnancy. There
are also extra protections for women on maternity leave which means
they are given priority over other at risk employees to find suitable
alternative employment. This is the law and has to be followed.
15. If I am on long term sick leave, can I be made redundant and
could my sick leave count against me?
Yes, you can be made redundant. A person’s sick record is one of the
criteria that can be taken into account when selecting people for
redundancy using the matrix. However, sickness that falls under the
Equality Act or pregnancy related sickness cannot be counted against
the employee.
16. If a colleague in a pool is offered a job from the At Risk Register
and accepts it, how would this impact on everyone else in the
pool?
If a colleague is successful in obtaining a suitable alternative post or
leaves the Trust, then the pool will be reduced by one post. If there
was only one employee to be removed from the structure then the
selection process would cease, as there would no longer be anyone at
risk of redundancy.
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All other members of the pool would therefore no longer be in a
position to remain on the At Risk Register as they would not be at risk
and be removed with immediate effect. Should there be more than
one potential redundancy it will reduce the need for one compulsory
redundancy so all will remain on Tier 2 of the At Risk Register.
17. Is there a right to volunteer for redundancy in a compulsory
redundancy situation?
While the Trust may not be undertaking voluntary redundancies, if
there is a compulsory situation an individual could make it known that
they are prepared to be made redundant. However, the individual
must realise that as this is a compulsory redundancy they must look
for, apply and accept any suitable alternative employment if it is
available.
AT RISK REGISTER AND SUITABLE ALTERNATIVE EMPLOYMENT
18. When will I be able to go on the at risk register?
There are three tiers of at risk on the register.
The first tier will be those that have been informed that they are at risk
of redundancy after the selection has occurred (along with any
employees that are unable to return to their post on the grounds of ill
health?).
If you are in this category you will get the first opportunity to have a
preferential interview for a suitable alternative post that is vacant.
The second tier is for those staff that have been placed in a pool and
therefore potentially at risk or for staff that are receiving protection of
pay as a result of their suitable alternative post identified being at a
lower band.
Should the number of people that are to be made redundant from the
pool find suitable alternative work at this point, the remaining pool will
be informed that they are no longer at risk.
Third tier is for those that are aware organisational change is going to
happen in the future but formal consultation has not yet started.
19. If I am offered suitable alternative employment but I don’t accept
it, do I still get my redundancy pay?
If you are offered suitable alternative employment and you do not
believe it is suitable you have to give the details of why you think this.
If the Trust accepts your reasons then you will get your redundancy
payment.
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If the Trust continues to believe this is a suitable alternative post and
you refuse to take the post in line with Agenda for change you will
forfeit your redundancy payment.
20. What if I don’t apply for any suitable alternative posts?
Should an employee unreasonably refuse to participate in a search for
suitable alternative employment (including not engaging at interview)
they will be dismissed and forfeit their redundancy pay.
21. What is the process for advertising job vacancies?
All vacancies that occur are checked by HR who run the at risk
process. If there is an employee(s) at risk that is potentially suitable
for that post, it is reserved for those staff.
Vacancies classified as suitable alternative employment are on NHS
Jobs for a time period of two weeks. You will be notified via email of
any potential suitable posts.
If there are no applicants from the at risk register the post will be
released for internal only or external advertisement.
Vacancies are only offered to people outside of SWYPFT when
everyone at risk who is eligible for that post within the Trust has had a
chance to apply.
22. If you are at risk and apply for a job on the At Risk Register, do
you have to meet 100% of the job specification?
This is discussed in the Organisational Change Policy.
Employees at risk will be guaranteed a preferential interview for any
post for which they meet the essential criteria of the person
specification prior to it being advertised. Should any employee not
meet the essential criteria in the person specification, consideration
should be given to any training that would achieve this within a
reasonable timeframe.
The employee must possess all qualifications required for the post and
the critical essential criteria on the person specification to be allowed a
preferential interview. It is for the manager of the vacant post to
determine if the individual is suitable for the post and can meet the
essential criteria within the person specification in a reasonable time.
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23. Am I required to apply for any post deemed as suitable
alternative employment if I am at risk of redundancy?
Yes. There is a process to follow in the Trust’s Organisational Change
Policy and failure to follow this process and apply for suitable
alternative employment could affect your right to receive redundancy
benefits.
24. Should people in pools be looking and applying for jobs now or
should they wait until after the selection when they find out who
in the pools have been selected for redundancy?
While on the second tier of the at risk register this is personal choice,
some want to ensure job security early while others choose to await to
see if they secure a post on the new structure.
Once an individual is placed at risk of redundancy then they are
entered on tier 1 of the register and have to enter into the process or
risk forfeiting the redundancy payment.
25. Is a person on a fixed term contract allowed to apply for jobs
through the At Risk Register?
An employee employed on a fixed term contract has a right not to be
treated less favourably than a comparable employee who is employed
on a permanent contract. Please see Fixed Term Worker Regulations
and Trust Policy.
26. If I secure a post that is on a lower band, what will I be paid?
Should the suitable alternative post found be on one band lower than
the band you are currently on you will receive protection of pay
equalling your current pay based upon the number of years’ service
you have with the Trust. The minimum you would receive is one
year’s protection with up to three years’ service and the maximum is
for three year’s protection if you have been employed by the Trust for
a period of five years.
During the period of protection you will be eligible for any pay awards
or increments due. After that time the salary will revert to the
substantive band for the post.
27. Do I have to take a post on less hours than my present contract
and what would I be paid?
You do not have to take a post that has substantially less hours than
your current post provided it is not deemed as suitable alternative
employment. If a post that is deemed as suitable has less hours than
your current contract you will receive a protection payment for a
maximum of one year dependent upon service.
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Each individual case will be examined to determine if it is suitable
alternative employment and if the protection is reasonable.
28. If the post I am offered as an alternative to redundancy is further
away from my home will I be entitled to receive payment for the
extra mileage I do and travel time for the additional time it takes?
You will not be given travel time if you accept a suitable alternative
post further away from home. Any travel payment would be made in
line with the Trust policy.
29. Are we allowed a trial period in any suitable alternative
employment?
All staff that find suitable alternative employment as an alternative to
redundancy must be given a trial period to give both parties an
opportunity to ensure the arrangement is satisfactory. The trial will be
a period of between four weeks and three months to be determined by
the receiving manager. The length of the trial will be related to the fit
of the employee to the post.
30. I am a part timer and all the jobs on offer appear to be full time,
what can I do?
If you identify a suitable post but it is full time, you should contact the
HR Manager dealing with your case to identify this and ask that a job
share be considered. It will, however, depend on the service need if
this can be accommodated.
31. I am currently on a nine day fortnight working arrangement due
to caring for my children but there is no mention of this in the
restructure. What can I do?
You should discuss this as part of the consultation process with your
manager or through your Trade Union Representative. The manager
will have to consider this as part of the consultation and respond.
Consideration will be given to the impact this has on the service
provision and other staff but all flexible working arrangements will be
considered, where possible.
REDUNDANCY PAY
32. What is the qualifying period for redundancy pay?
The qualifying service period is based on continuous service up to and
including the termination date. To receive a redundancy payment, you
must have at least 24 months continuous service, with SWYPFT or
another NHS organisation with no more than one week break in
employment in between jobs.
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33. What would happen if you have not quite been here for two full
years?
With less than 24 months service, an individual has no redundancy
rights. It takes over 24 month’s service before a redundancy payment
can be made.
You will therefore work your notice period but could not review a
redundancy payment at the end.
34. Does the service used for the redundancy payment calculation
have to be continuous NHS service?
The service used for the redundancy payment calculation is based on
continuous employment with the present or previous NHS employers
where there has not been a break of more than 12 months.
Where there has been a break of 12 months or less, the period of
service before the break will count, but the length of the break will not.
This is the reckonable service used for the calculation once it has
been established that an employee qualifies as in Question 10.
NB: Service that has been taken into account for a previous
redundancy or previous pension benefits will not be counted for the
calculation.
35. Will time employed in the Local Authority or other External
Employers count as continuous service for redundancy
payments?
No, it would not be recognised for redundancy purposes unless it
stated that it would be credited for the purpose of redundancy on your
contract. Any pension transferred to the NHS Scheme would count
towards pension benefits.
36. If I get redundancy will it be worked out on gross earnings?
The redundancy lump sum payment is calculated on the basis of one
month’s pay for each year (subject to a minimum of two years
reckonable service and a maximum of 24 years) and is based on the
annual salary. Therefore it is generally equal to 1/12 annual salary
and is gross basic pay only. It would differ for someone not on
contracted hours as we would work out an average payment for these
employees.
37. Does salary sacrifice have an impact on the redundancy
payment?
Yes it does. Salary sacrifice is a contractual agreement to give up part
of your salary in exchange for a benefit such as childcare vouchers or
a lease car that are tax and NI free.
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The figure used for the redundancy payment calculation will be the
gross monthly amount minus the value of the monthly salary sacrifice.
NOTICE AND ANNUAL LEAVE
38. Do we have to work our notice or as we are at risk are we
effectively working it now?
No, your notice period will begin once you have had a meeting to
serve you with notice and formally been told you are to be made
redundant. You will receive a letter to confirm this and the last date of
your employment.
39. Will staff that are being made redundant get any leave they don’t
take paid back to them?
All annual leave for the year should be taken before the employee’s
notice period expires. If a member of staff is prevented from taking
leave, e.g. through a manager requesting the staff member to
complete a piece of work, then they will receive payment in lieu of
leave not taken.
FINDING WORK OUTSIDE THE TRUST
40. What happens if I get another job?
In accordance with Agenda for Change, if you need to leave before
your period of notice has expired, management will be flexible in
allowing you to leave where appropriate. However, in this case any
redundancy payment will be recalculated to take into account the
earlier leaving date.
If you are offered a post with another NHS organisation within four
weeks of your termination date you would not get a redundancy
payment, even if you do not commence your employment until a later
date.
If you are offered and accept a post outside the NHS prior to your
notice being served or should you wish to leave early and this is not in
the interests of the service, you will have to resign from your post and,
therefore, not entitled to redundancy.
41. If you take the redundancy option, can you work in the NHS again
immediately or is there a stop gap that you need to take before
you work in the NHS again?
You need to wait at least four weeks before finding alternative
employment within the NHS. In other words you can look, apply or be
pending an interview but you can’t be offered or accept a post.
However, you can work outside the NHS as soon as you like.
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