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