ORGANISATIONAL CHANGE

LEARNING OUTCOMES Take appropriate action to ensure staff are consulted appropriately in line with the Trust Organisational Change Policy. To be able to manage change effectively where the change impacts on any contractual arrangements with staff.

RESPONSIBILITIES Line Manager Employee Trade Union Human Resources

ONGOING MINOR CHANGE Need to make periodic changes to roles, responsibilities and/or working practices. Changes will be discussed with staff and given the opportunity to state their views and suggest any alternative solutions. Discussions can be through group and/or 1:1 meetings and documented and held on the management file.

CHANGE AFFECTING JOB SECURITY Changes that may affect job security resulting in potential job losses Organisational reorganisations, restructures or mergers Reductions in or discontinuations of specific areas of work Major changes to working practices or contractual terms. TUPE Transfers

CHANGE ACROSS ORGANISATIONAL BOUNDARIES Some circumstances may require staff to be transferred from one Employer to another – TUPE Regulations will apply. Under TUPE Regulations contractual terms and conditions will be preserved TUPE – Transfer of Undertakings (Protections of Employment) Regulations and subsequent amendments

PLANNING THE ORANISTIONAL CHANGE A CONSULTATION PAPER WILL BE DRAWN UP TO IDENTIFY THE NEED FOR AND THE EXTENT OF THE CHANGE – THIS SHOULD INCLUDE: An overview of how services will be provided or role will be changed – this will include existing structure and revised structure charts and revised job descriptions The reasons for making the change The extent of the change – i.e. the number of staff likely to be affected

PLANNING THE ORANISTIONAL CHANGE The process/project plan for managing the change and approximate timescales Identification of the key stakeholders that the consultation must engage with Where there are changes to department structures and/or material changes in job roles, revised job descriptions must have a valid Agenda for Change band outcome prior to consultation commencing The HR team must be consulted on the workforce implications and process for managing change that will potentially affect the roles, contractual terms or job security

CONSULTATION ARRANGEMENTS Open and effective communication and consultation is key to a successful organisational change With Trade Unions When any significant change is proposed, the Trust will discuss the proposals with its recognised Trade Unions through Partnership Forum Management will engage with Trade Unions at the earliest opportunity to ensure that full and meaningful consultation takes place Consultation will take place with both the trade unions and individual members of affected staff starting at the earliest opportunity and continuing on an ongoing basis throughout the change process. However although it is good practise to engage staff and unions at an early stage it must be noted that formal consultation will not commence with staff until consultation formally commences at Partnership Forum It is recognised that partnership working can effectively support staff during the period of change

NHS is a 24/7 working environment CASE STUDY 1 NHS is a 24/7 working environment Department X currently works Monday – Friday Proposed change to working Saturday – Sunday Discuss in your groups any issues that may be raised during discussion with your staff members Caring arrangements/ responsibilities Part time staff Additional cost on budget Longer working shifts Medical conditions

If the change proposals are liable to result in job losses, the Trust will undertake a more formal consultation in line with statutory requirements. This consultation will start at least 30 calendar days before any individual notice or redundancy is given. Where in exceptional circumstances there are 100 staff or more liable to be made redundant as the result of the change, the consultation period will be extended to 45 days in accordance with ACAS

The following detailed information will also be provided to Partnership Forum: The number and descriptions of employees it is proposed to dismiss as redundant The total number of employees of that description employed by the Trust The way in which it is proposed to select employees for redundancy and the process to be followed Any methods identified for reducing the impact of the change on individuals Information about the calculation of redundancy benefits will be provided to individuals Where the change involves a TUPE the following information will be provided to PF Details of the transfer The legal and economic implications of the transfer for the affected employees Whether the Trust or future employer envisages taking any action, such as reorganisation, in connection with the transfer and how this will affect staff – measures letter

WITH INDIVIDUAL STAFF Individuals in posts potentially affected by the change (regardless of the nature of the change) will be consulted with at the earliest opportunity It is recognised this change may be a stressful time for affected staff Changes will be implemented as sensitively and openly as possible Arrangements may need to be made to ensure that staff who are absent from the Trust – e.g. maternity and sick leave, career break – are adequately communicated and consulted with throughout the process

CLOSING CONSULTATION At the end of the consultation period, a closing consultation paper will be drawn up and presented at Partnership Forum This will paper will feedback the issues and/or concerns highlighted during the consultation period and the confirm the way forward with the proposal There is a template closing paper and a consultation template feedback sheet provided within the Organisational Toolkit which can be accessed through the Intranet site

SELECTION CRITERIA Where job losses are likely to be necessary, the Trust is committed to applying objective, non-discriminatory and fair criteria to the process of selection of employees for redundancy Under normal circumstances staff will be selected and assessed through formal interviews held in accordance with the Trust selection process However, there may be occasions where additional selection criteria are included in the selection matrix Selections may include: Ability and performance Conduct/Capability – as evidenced through disciplinary and performance review records Attendance records Length of Service

Where a new structure is being implemented, staff will normally slot in to a post in the structure without the need for an interview or other selection mechanism, provided: The duties and responsibilities of the role remain the same or are substantially similar (usually defined as over 70% the same) The new post is the same grade as the previous one There is only one person eligible for the post, or the number of staff and posts are equal.

LIMITED COMPETITION TO “RING FENCED” POSTS It may be there are more employees than posts, or the duties of the new posts are materially different to those in the old structure, employees will be selected on the basis of limited competition interviews, with the posts in the new structure being “ring fenced” in the first instance to those being displaced Where there are a number of staff to be redeployed into posts at different levels/grades in the structure, it may be necessary to allocate the staff into “pools” In circumstances where staff in “acting and/or interim roles” they will be placed in the relevant “pool” based on their substanti substantive role

CASE STUDY 2 1 HR Manager HR Officers Total of 5 team members in post, all contracted to work full time Consultation taken place to reduce the total number of the team with a new structure of 4 HR Officers IN GROUPS: Discuss what process you would go through to implement the change to having only 4 team members.

REDEPLOYMENT PROCESS WHO IS ELIGIBLE: Individuals who are at risk of redundancy Individuals who by reason of a disability can no longer work in their original job (on advice from Occupational Health) Individuals who by reason of ill health can no longer work in their original job (on the advice from Occupational Health) Individuals who following a formal procedure of any kind, are found to be in a situation where redeployment is deemed a reasonable solution

ROLES AND RESPONSIBILITIES Employees Managers Human Resources

REDEPLOYMENT PROCEDURE HR will make every effort to identify suitable vacancies before they are advertised Recruiting Managers will be informed if their post has been identified as a potential redeployment opportunity for an at risk employee Where a potentially suitable vacancy is identified the line manager and employee will discuss the post If the post is a band lower,

Employees may be offered a post on a lower salary band than the one they currently hold the Protection of Earnings Policy may apply If after discussion, the post appears suitable, an interview ill be set up with the relevant manager to discuss the detail of the job The employee will not be required to complete a formal application form as the CV will be made available to the Recruiting Manager

IF IT IS AGREED THE WORK IS POTENTIALLY SUITABLE THE EMPLOYEE WILL TAKE UP A FORMAL TRIAL PERIOD THE LENGTH OF THE TRIAL PERIOD WILL BE DISCUSSED BUT WILL ALWAYS BE A MINIMUM OF FOUR WEEKS WHERE ALL GOES WELL THE MANAGER, IN CONSULTATION WITH THE EMPLOYEE AND HR, THE EMPLOYEE WILL FORMALLY TRANSFER INTO THE NEW POST THE MANAGER MUST COMPLETE ALL THE APPROPRIATE DOCUMENTS TO FORMALLY TRANSFER THE EMPLOYEE

WHAT IF THE TRIAL PERIOD IS NOT SUCCESSFUL: HAS THE INDIVIDUAL BEEN GIVEN SUFFICIENT TIME? HAS THE APPROPRIATE SUPPORT AND TRAINING BEEN PROVIDED TO ENABLE THEM TO DO THE JOB? IF SO, THE EMPLOYEE WILL BE PLACED BACK ON THE REDEPLOYMENT REGISTER FOR THE REMAINDER OF THEIR NOTICE PERIOD

NOTICE OF REDUNDANCY Where staff have not been successful in obtaining a post in the new structure they will be met with individual by their line manager to: Inform them they are being issued with formal notice of redundancy Confirm the reasons for redundancy Provide them with details of the redundancy benefits Confirm the effective date of dismissal Explain the support that is available to them Address any other concerns that they may have Staff may be accompanied by a Trade Union Representative or work colleague and the meeting will be followed up by letter giving them formal notice in writing

If it has not been possible to redeploy an at risk employee they will become compulsorily redundant at the end of their notice period Staff who are made redundant will normally work their full notice period Redundancy payments will be paid in accordance with the arrangement laid out in the Agenda for Change Terms and Conditions handbook

POTENTIAL REDUNDANCY AUTHORISATION PROCESS STAGE 1 – ACTION REQUIRED PRIOR TO FORMAL CONSULTATION Completing Appendix A and AA – Potential Redundancy Business Case Authorisation of Appendix A and AA a) Clinical Business b) Corporate Directorates

TRUST LEADERSHIP COMMITTEE The line manager/manager leading the change initiative is responsible for ensuring that the business case is considered at TLC The line manager/manager will be required to attend TLC to present the Potential Redundancy Business case to answer any questions On approval at TLC the line manager/manager must provide the organisation change opening paper in line with set timescales. It is important that sufficient time is build in to allow HR advice/guidance to be sought in the drafting of the paper paper

STAGE 2 – Formal Consultation and Outcome STAGE 3a Suitable Alternative Employment Search STAGE 3b Rem Nom/TDA Approval Stage 3a and 3b will run concurrently In the event of no suitable alternative employment can be secured the relevant approval must be in place prior to the redundancy severance payment being made Approval requirements Redundancy severance of less than £100,000 – local Trust Remuneration and Nominations Committee approval Greater than £100,000 TDA approval

The HR officer assigned to the organisational change process in conjunction with the line manager will be required to complete the Remuneration and Nominations Committee/Redundancy Severance Templates. The templates will require details of the redeployment searches to be confirmed

ANY QUESTIONS