The Newcastle upon Tyne Hospitals NHS Foundation Trust
Employment Policies and Procedures
Notice Periods Policy
Version No.:
Effective From:
Expiry Date:
Date Ratified:
Ratified By:
1.
4.1
31 October 2016
31 October 2016
12 October 2016
Executive Team
Introduction
This policy sets out the notice which both the Trust and its employees are required to
give to terminate a contract of employment.
2.
Scope
2.1
These periods of notice apply to all employees of the Trust.
2.2
Existing employees will retain the period of notice stated in their current
contract of employment or any subsequent notification of variation. However,
should an employee move of their own volition, (e.g. through the recruitment
process), to a different post, or their post is rebanded, the relevant notice
period for the new or rebanded post shall apply.
2.3
This policy does not apply to:
a) employees whose contract was terminated due to summary dismissal
(without notice or pay in lieu of notice)
b) those ‘working’ within the Trust but not employed directly by the Trust
3.
Aims
To clarify responsibilities in relation to notice periods
4.
Duties (roles and responsibilities)
4.1
The Executive Team is accountable to the Trust Board for ensuring Trust-wide
compliance with policy.
4.2
Directorate managers and heads of service are responsible to the Executive
Team for ensuring policy implementation.
4.3
Managers are responsible for ensuring policy implementation and promoting
awareness of this policy amongst their employees.
4.4
Employees are responsible for complying with this policy
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5.
General Principles
5.1
The Trust expects staff to work their contractual notice period.
5.2
Termination of employment by an employee will normally result in the Trust
having to recruit a replacement. Replacing an employee can be a lengthy
process; therefore, employees are required to give a period of notice at least
equal to that set out in their contract of employment. It will be at the
manager’s discretion whether to allow an employee to work a longer period of
notice than is their contractual requirement.
5.3
An employee who continues to work during their period of notice will receive
normal pay and benefits, including any ‘cost of living’ or incremental rises for
that period in line with their contract of employment.
5.4
There will be no change in the period of notice where the change in band is as
a result of organisational change under the Trust’s Organisational Change
and Redundancy policy.
5.5
The Trust does permit line managers to waive part or all of an employees
notice period but only in cases where both parties mutually agree.
6.
Payment in lieu of notice period
6.1
Dependent upon the circumstances the Trust may offer to make a payment of
basic salary in lieu of their notice period.
6.2
Pay in lieu of notice comes within the scope of Pay As You Earn (PAYE) and
therefore must be subject to deductions of income tax and national insurance
contributions.
7.
Failure to give required notice
Failure of an employee to serve their full contractual notice period, without
agreement from the Trust will result in a breach of contract and could lead the Trust
to take legal action against the individual concerned. Such a breach of contract will
also be documented in future employment references provided by the Trust.
8.
Withdrawing notice
When an employee has given notice to terminate their employment, they cannot
rescind it.
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9. Table of periods of notice required from employees
The period of notice required by the Trust from employees who wish to terminate
their employment is contained in the following table:
BAND
1
2
3
4
5
6
7
8
9
STAFF GROUP
Foundation Programme Year 1
Foundation Programme Year 2
Trust Doctor (SHO Level)
SHO (Dentistry)
Trust Grade Dental Practitioner
Trust Doctor (SpR level)
Staff Grade
Specialty Doctor
Locum Specialty Doctor
Associate Specialist
Consultant
Locum Consultant
PERIOD OF NOTICE TRUST
REQUIRES
FROM EMPLOYEES
6 weeks
6 weeks
6 weeks
6 weeks
6 weeks
10 weeks
10 weeks
12 weeks
12 weeks
PERIOD OF NOTICE TRUST
REQUIRES
FROM EMPLOYEES
1 month
1 month
6 weeks
6 weeks
10 weeks
3 months
3 months
3 months
3 months
3 months
3 months
3 months
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10.
Notice required to be given by the Trust
The required notice period to be given by the Trust is in accordance with the
Employment Rights Act 1996 and is dependent upon the employee’s length of
continuous employment with the Trust
LENGTH OF CONTINUOUS
EMPLOYMENT WITH THE TRUST
PERIOD OF NOTICE TO BE GIVEN
BY THE TRUST
One month but less than two years
Two years but less than 12 years
One week
One week for each year of
continuous service
12 weeks
12 years or more
11.
Training
Training will be provided by the Human Resources department to managers following
implementation of the policy.
12.
Equality and Diversity
The Trust is committed to ensuring that, as far as is reasonably practicable, the way
services are provided and the way staff are treated reflects their individual needs and
does not unlawfully discriminate against individuals or groups. This policy has been
properly assessed.
13.
Monitoring Compliance with the Policy
Standard / Process /
Issue
Monitoring will include
reporting of information
from ESR
for the purpose of
ascertaining:
Monitoring and Audit
Method
By
Reporting of
Director of
information on
Human
from ESR
Resources
 The number of breach
of contract legal cases
instigated by the Trust
because employees
have failed to give the
required period of
notice.
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Committee
Heads of
Human
Resources
Meeting
Frequency
Annually
14.
Consultation and Review of this Policy
This policy has been reviewed in consultation with the Employment Policies and
Procedures Consultative Group
15.
Implementation of the Policy (including raising awareness)
A summary of the key changes will be notified to managers following
implementation. Further advice and guidance will be available from the Human
Resources department.
16.
References
1)
Employment Rights Act 1996 available at
http://www.legislation.gov.uk/ukpga/1996/18/contents
17.
Additional documents

Organisational Change and Redundancy Policy
Page 5 of 5
The Newcastle upon Tyne Hospitals NHS Foundation Trust
Equality Analysis Form A
This form must be completed and attached to any procedural document when submitted to the appropriate committee for considera tion and approval.
PART 1
1.
Assessment Date:
2.
Name of policy /
Notice Periods Policy
3.
Name and designation of Author:
Ms Karen Pearce, Senior HR Manager
4.
Names & designations of those involved in the impact analysis screening process:
Miss Michelle Musgrave, HR Officer – Projects
5.
Is this a:
Is this:
Who is affected
7th March
2016
Policy
strategy / service:
x
New
Employees
Strategy
Revised
x
Service Users
Service
x
Wider Community
6.
What are the main aims, objectives of the policy, strategy, or service and the intended outcomes? (These can be cut and pasted from your policy )
This policy sets out the notice which both the Trust and its employees are required to give to terminate a contract of employment.
7.
Does this policy, strategy, or service have any equality implications?
Yes
No
x
If No, state reasons and the information used to make this decision, please refer to paragraph 2.3 of the Equality Analysis
Guidance before providing reasons:
8.
Summary of evidence related to protected characteristics
Protected Characteristic
Evidence, i.e. What evidence do you have
that the Trust is meeting the needs of
people in various protected Groups
Does evidence/engagement highlight areas
of direct or indirect discrimination? If yes
describe steps to be taken to address (by
whom, completion date and review date)
Race / Ethnic origin (including
gypsies and travellers)
The Trust is committed to ensuring that, as far
as is reasonably practicable, the way services
are provided and the way staff are treated
reflects their individual needs and does not
unlawfully discriminate against individuals or
groups on any grounds.
As above
As above
As above
There is no local data to suggest areas of
direct or indirect discrimination
As above
As above
As above
As above
As above
As above
As above
As above
As above
As above
Sex (male/ female)
Religion and Belief
Sexual orientation including
lesbian, gay and bisexual
people
Age
Disability – learning difficulties,
physical disability, sensory
impairment and mental health.
Consider the needs of carers in
this section
Gender Re-assignment
Marriage and Civil Partnership
Maternity / Pregnancy
9.
Does the evidence highlight any
areas to advance opportunities or
foster good relations. If yes what
steps will be taken? (by whom,
completion date and review date)
As above
As above
As above
Are there any gaps in the evidence outlined above? If ‘yes’ how will these be rectified?
No
10.
Engagement has taken place with people who have protected characteristics and will continue through the Equality Delivery
System and the Equality Diversity and Human Rights Group. Please note you may require further engagement in respect of any
significant changes to policies, new developments and or changes to service delivery. In such circumstances please contact
the Equality and Diversity Lead or the Involvement and Equalities Officer.
Do you require further engagement?
11.
Yes
No
x
Could the policy, strategy or service have a negative impact on human rights? (E.g. the right to respect for private and family
life, the right to a fair hearing and the right to education?
PART 2
Name:
Miss Michelle Musgrave, HR Officer – Projects
Date of completion:
07/03/2016
(If any reader of this procedural document identifies a potential discriminatory impact that has not been identified, please refer to the Policy Author identified above,
together with any suggestions for action required to avoid/reduce the impact.)