Restructuring - Principles Policy and Procedure

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Policy and Procedure Document
Document Name:
Restructuring Principles Policy and Procedure
Ref & version no.:
Version Final
Status:
Agreed
Equality Impact
Assessment:
In progress – first stage completed
Approved by:
Executive Director of Human Resources
Effective from:
17th December 2010
Date for review:
As Required
Author:
HR Division
Owner:
HR Division
Document control:
All printed versions of this document are classified as uncontrolled.
A controlled version of this document is available from Human
Resources website. Questions on this policy should be initially
directed
to
HR
Reception
on
0161
2952121
or
HRAdvice@salford.ac.uk
Version History
Version number:
Date:
Nature of Change (reasons/comments)
Version 2
23 Aug 2010
Internal HR Review
Version 3
17 Sept 2010
Internal HR Review
Version 4
27 Sept 2010
Internal HR Review
Version 5
15 Oct 2010
Amendments following 1st Union Consultation
Meeting
Version 6
25 Nov 2010
Amendments following Union Consultation
Version 7
7 Dec 2010
Amendments following Union Consultation
Version Final
9 Dec 2010
Amendments following Union Consultation
Version 1.1
25/04/13
Amendments following legislative changes./
process improvements
Version 1.2
20/05/13
Amendments following process improvement
Revised Version 1.3
1st
Amendments following discussions with trade
unions
July 2013
Owner: HR Division
Author: HR Division
Restructure Principles, version 9 l, 18 July 2013
Page 1 of 8
Scope & purpose of
policy:
It is the aim of the University, by careful forward planning, to ensure,
as far as possible, security of employment for all its employees.
However, it is recognised that there may be changes from time to
time which may result in organisational restructure and in turn have
an impact on staffing resources within the University.
The purpose of this procedure is to outline the general principles
and guidance that will be applied by the University in appointing
employees to a new organisational structure once a need for
change has been proposed.
The principles outlined in this
procedure will also apply when an employee is subject to job
change. This procedure is in place to ensure a fair, equitable and
transparent process for all employees affected by organisational
change.
Policy start point:
This policy will be applied from the beginning of any organisational
change/restructure.
Procedure end point:
This procedure will end following
organisational change/restructure.
Compliance:
This policy and procedure is compliant with statutory legislation
requirements. Responsibility for implementation of the policy is
outlined below.
Who
this
applies to:
policy
Policy users:
the
conclusion
of
any
This procedure applies to all University staff, with the exception of
casual staff employed for a maximum of 13 weeks by the University.
This procedure does not apply to those who are not employed by
the University, for example, agency staff or contractors.

The Management team within affected areas will be
responsible for implementing the policy in a fair and consistent
manner

All employees subject to change will be responsible for
engaging with and adhering to this policy.

Trade Unions will be responsible for engaging with and
consulting on proposals for change

Human Resources Division will be responsible for ensuring
compliance with this policy and procedure and providing
guidance and direction
1. Detail of Policy
1.1. Policy Overview
The University is committed to maximising job security for its employees; however there
are times when organisational change may occur which impacts on existing staffing
structures.
Employees will be encouraged to recognise and understand the
organisational requirements which drive change. In addition it is important for employees
to be responsive, flexible and open to change.
Owner: HR Division
Author: HR Division
Restructure Principles, version 9 l, 18 July 2013
Page 2 of 8
This policy sets out the procedures to be adopted when appointing employees into
revised organisational structures.
1.2. General Principles
1.2.1.
It is expected that all organisational change programmes will be aligned to
the University’s vision and strategic goals.
1.2.2.
The University will ensure that a fair and equitable approach is taken
throughout this process.
1.2.3.
All change proposals which may have an impact on staffing structures will be
subject to ongoing dialogue and consultation with recognised Trade Unions,
staff networks and impacted employees. This includes employees on longterm absence or secondment.
2. Detail of Procedure
2.1. Defining the Proposals for the Revised Structure
When a potential requirement for organisational change is identified, Senior Managers
within the business area will work closely with Human Resources to formulate the
proposals for change. This will include:

The establishment of a clear business case outlining the rationale for change.

Consideration of the current organisational structures, working arrangements
and job design

Defining proposals for the new organisational structure

Defining enabling workflows and processes where appropriate

Defining proposals for the roles within the new organisational structure,

Establishing through resource planning the proposed number of
required to meet the business objective

Defining critical success measures for evaluation following completion of the
change programme.
roles
2.2. Consultation on the Proposals for the Revised Structure
As outlined in the Avoidance of Redundancy Policy and Procedure, the University will
enter into early consultation about any proposed restructure with recognised Trade
Unions and staff networks.
The University will provide all relevant parties with detailed information, as soon as is
reasonably practicable, on proposed restructures. Consultation will take place in good
time to enable trade unions to inform any ultimate decision. The University will also
consult with staff potentially affected by the proposals.
2.3. Announcement of a Proposed Restructure to Affected Employees
Whilst the University will enter into consultation with recognised Trade Unions as outlined
above, the University will also communicate directly with employees affected by change.
Employees will be advised of the proposed changes and will be advised that their posts
Owner: HR Division
Author: HR Division
Restructure Principles, version 9 l, 18 July 2013
Page 3 of 8
may be subject to change due to the proposals.
The Redeployment Policy and Procedure may be implemented at this time for employees
affected by the proposals for change. Although not strictly a requirement at this stage,
the University may implement this policy at this point as it is committed to ensuring that
employees potentially affected by change have priority in having the opportunity to apply
for other roles that may arise within the organisation. As part of the redeployment
process, employees will be asked to complete a form detailing their skills and experience
and employees will be supported in undertaking this process.
It may be appropriate in some circumstances for the University to ask employees if they
wish to register an interest in Voluntary Redundancy in line with the scheme in place at
the time that the change is taking place. These may be focused in terms of distinct
employee groups. In registering an interest, employees and the University are not
committing themselves to pursuing this course of action. The University is committed to
retaining skills that are required to ensure the future success of the organisation. As
such, any agreement to Voluntary Redundancy is at the sole discretion of the University.
2.4. Definitions of posts within a Revised Structure
The appropriate management teams and the HR Division will review proposed new
staffing structures and define the type and numbers of posts within the revised staffing
structures. Role Profiles and Person Specifications for these posts will then be made
available to the Trade Unions and affected employees for consultation on the proposals
to take place. The definitions of posts will be categorised under the following headings:
a. New posts: posts which are completely new to the organisation or posts which
have changed sufficiently to be classed as new.
b. Posts not substantially affected by change: posts which are not changing at
all or are not substantially affected by change.
c. Removed posts:
structure
these are posts which do not exist in the proposed new
The managers within the area(s) affected by change will determine which category a role
within the current structure fits in to. Following this assessment, Human Resources will
be responsible for independently moderating the decisions made by the management
team. Unions and affected employees will then be consulted with on the proposed role
definitions within the revised structures before any final decisions are reached.
2.5 Procedure to be adopted for appointing to positions defined as New Posts
All positions defined as ‘new posts’ will be filled through a formal competitive recruitment
process in accordance with University policy and procedures and employees will be
appointed into the new posts on merit.
2.5.1
‘Ring fenced’ assessment and selection process
In appointing to roles defined as ‘new posts’ a selection pool may be determined
Owner: HR Division
Author: HR Division
Restructure Principles, version 9 l, 18 July 2013
Page 4 of 8
which will give employees affected by change (who are ‘at risk’ of redundancy) the
opportunity to apply on a ring fenced basis. The University will consult on proposed
selection pools for posts with the Trade Union, however, employees will usually only
be eligible to enter a selection pool for posts which are the same Grade as their
substantive post.
If successful in the assessment process, the employee will have this confirmed both
verbally and in writing, subject to the conclusion of the consultation process with
others in the selection pool. A trial period may apply following appointment to a new
post.
If unsuccessful in a ring fenced assessment and selection process, an employee will
be advised of this both verbally and in writing. The employee will then be advised
that they have been selected for redundancy. By advising an employee that they
have been selected for redundancy, the University is not prejudging the outcome of
the consultation process but is fulfilling its obligation to advise the employee that one
of the outcomes of the process may be redundancy, although this is regarded as
being a last resort
The University will then enter into a 30 day individual consultation period with an
employee, dependent on any collective consultation requirements, which will normally
commence on the date that they are advised that they are now displaced. The
individual consultation process will run concurrently with any appropriate collective
consultation process. The principles are outlined in the Avoidance of Redundancy
Policy and Procedure will apply.
2.5.3 Appointment to new posts not subject to ring fenced assessment/not
appointed to following ring fenced assessment
Posts may be identified within a new structure for which no ring fenced pool is
identified. For example, new posts which are at a higher grade than those posts
within the current structure. These posts will be advertised on an unrestricted basis,
although the redeployee register will initially be considered prior to advertising taking
place. Internal and external advertising may be undertaken on a concurrent basis
dependent on the skill set required for the role. The University’s normal recruitment
and selection code of practice will apply. This process will also be followed if there is
no appointment following a ring fenced assessment process.
2.6 Procedure to be adopted for appointing to positions defined as not
substantially affected by change
2.6.1
No requirement to reduce staff numbers
Where there is no requirement to reduce staff numbers and the substantive duties,
grade, hours of work, salary and other terms and conditions of employment of the
post holder are wholly or mainly the same, employees will be automatically slotted in
to the new structure. Employees will be advised of this and it will be confirmed that
they are not in a job loss situation.
Owner: HR Division
Author: HR Division
Restructure Principles, version 9 l, 18 July 2013
Page 5 of 8
2.6.2
The requirement for the number of employees carrying out the role
decreases
A selection pool will be determined where roles remain substantively the same but
there is a decreased requirement for the number of roles to be fulfilled. Whilst full
details of the selection pool identified will be consulted on, the following principles
may apply:

Employees identified in the pool will normally be at the same Grade

Employees identified in the pool will normally have jobs with a similar key
purpose, responsibilities and activities.
Employees identified within this pool will be ‘at risk’ of redundancy and will have the
opportunity to participate in ring fenced assessments for these posts. If successful in
the assessment process, the employee will have this confirmed both verbally and in
writing, subject to the conclusion of the consultation process with other employees
who have been selected for redundancy.
If unsuccessful in a ring fenced assessment process, an employee will be advised of
this both verbally and in writing. The employee will then be advised that they are
displaced and therefore have been selected for redundancy. By advising an
employee that they have been selected for redundancy, the University is not
prejudging the outcome of the consultation process but is fulfilling its obligation to
advise the employee that one of the outcomes of the process may be redundancy,
although this is regarded as being a last resort.
•
Individual consultation will commence during collective consultation where employees
will be provided with an explanation on the basis on which they have been selected
for redundancy. Individual consultation will take place prior to any notice of
termination.
2.7 Procedure to be adopted for posts which are identified as being removed from
the revised structure
During a restructure process, some posts may be identified as being removed from the
proposed revised staffing structure. This would include for example situations where units
are being closed, and as such, alternative posts are not available within the structure.
When this situation occurs, employees will be advised when the change is announced that
they have been selected for redundancy. The University will enter into individual
consultation with individuals affected, which will take place during the collective
consultation process. Individual consultation will normally be for a period of 30 days,
dependent on any collective consultation requirements and will run concurrently with any
appropriate collective consultation process.The principles outlined in the Avoidance of
Owner: HR Division
Author: HR Division
Restructure Principles, version 9 l, 18 July 2013
Page 6 of 8
Redundancy Policy and Procedure will apply.
2.8 Secondments
For the avoidance of doubt, if an employee is seconded to another post within the
University when change is taking place, their substantive post within the organisation will
be the post on which they are subject to any consultation that may take place. If an
employee has been seconded for over 18 months, they may be considered within their
seconded role for any ring fenced opportunities that may arise.
2.9 Trial Periods
In accordance with the Avoidance of Redundancy Policy and Procedure, employees may
have a right to a trial period when undertaking a new role following organisational change.
Further information is available in the aforementioned policy.
2.10 Voluntary Severance
Voluntary Severance options may be discussed with employees affected by organisational
restructure as outlined above. Any discussions will be in line with the scheme operated by
the University at the time of the proposed change.
2.11 Salary Protection Arrangements
Salary Protection will be offered to employees affected by organisational change in
accordance with the scheme operated by the University at the time of the proposed
change.
2.12 Issuing Notice of Redundancy
Whilst the University will always seek to mitigate the need to make redundancies, if,
following consultation, the University has not been able to achieve this, an employee will
be issued with Notice of Redundancy. The principles outlined in the Avoidance of
Redundancy Policy and Procedure will apply prior to any Notice of Redundancy being
issued including the opportunity to choose between any available voluntary severance
payment or compulsory redundancy on statutory terms. Notice will not be issued prior to
the formal closure of any collective consultation process. Notice of Redundancy is issued
in line with the employee’s right to either contractual or statutory notice period, whichever
is higher. During the employee’s notice period, the University will continue to seek
redeployment opportunities and where appropriate, will offer outplacement services. The
employee will have a right to continue to apply for suitable vacancies across the University
as a redeployee in line with the Redeployment Policy & Procedure, provided that the
closing date for any such vacancy is within the notice period. Should a vacancy close
within the notice period, but the interview takes place following the leaving date, an
employee will be eligible to attend the interview. However, the employee will finish
working for the University on the specified leaving date and, in the event of being
appointed, will not be paid for the period between the leaving date and the date of the new
appointment.
If at the end of the notice period, the University is still unable to mitigate the need for
compulsory redundancy the final redundancy payment will be confirmed in writing and will
Owner: HR Division
Author: HR Division
Restructure Principles, version 9 l, 18 July 2013
Page 7 of 8
be made in the next pay run following the last date of employment.
2.13 Appeal against the Decision to Dismiss for Reasons of Redundancy
If an employee wishes to appeal against the decision to dismiss for reasons of
redundancy, they should do so in line with the principles outlined in the Avoidance of
Redundancy Policy and Procedure (there is no right of appeal if the employee chooses
voluntary severance terms).
2.14 Failure to Participate in the Restructure Process
If an employee fails to participate in the restructure process they may potentially cause
detriment to their position of job security within the University. Failure to accept a post that
is considered to be suitable alternative employment may also impact on an employee’s
right to statutory or voluntary severance payment that are in place at that time. An
employee’s rights to Salary Protection may also be affected.
3. Links to Other Policies or Related Documentation
4.1. Related Documentation
To be populated
4.2. Other Policies

Avoidance of Redundancy Policy and Procedure

Redeployment Policy and Procedure

Voluntary Severance Voluntary Severance Policy and Procedure

Salary Protection
Owner: HR Division
Author: HR Division
Restructure Principles, version 9 l, 18 July 2013
Page 8 of 8
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