1

Document reference code:

Title: Redeployment Policy & Procedure

Document author: Human Resources

Document type: Policy

Document library section:

Sub Section:

Document status: Final

Approved by: Joint Partnership Committee

Can this document be published to the internet (publicly available)

Yes

Brief summary of document Guidance for managers and employees in respect of the Redeployment procedure to be followed where employees are needing to be transferred to suitable alternative posts

This document replaces (exact title of previous document or NA)

Redeployment Policy & Procedure

Approved Equality Impact Assessment attached

Yes

Cross referenced to: Dignity at Work Policy, Equality & Diversity Policy, Disciplinary Policy, Grievance Policy, Long Term Sickness Absence Management Guidance Notes, Short Term Sickness Absence Management Guidance Notes, Capability Policy, Flexible Working Policy, Organisational and Service Change Policy

Ratified by: Integrated Governance Committee

Date of ratification 26 September 2012

Name of Executive signing policy Graham Shaw, Interim Director of Human Resources

Review date 31 December 2015

Suggested key words (to be completed by Governance Administrator)

Expired documents should be retained for 10 years from the date of expiry

Version control table

Date Version number

Summary of changes Changes made by

April 2009 1 New Policy Associate Director of Workforce Operations

September 2009 2 Amended following HR Team Review HR Team

October 2009 3 Amended following HR Policy Sub Group 2/10/09 HR Policy Sub Group

November 2009 4 Amendments following JPC 26/11/10 JPC

December 2009 5 Ratified IGC

July 2012 1 Review 2012 HR Manager

This document is available in other formats such as large print, Braille &/or cassette/CD or in any other

2

Page 2

Consultation

List the individuals (use titles only)/groups consulted. This must include the Counter Fraud Local Security Management Specialist

Indicate which of the consultees in the left hand column have responded

Joint Partnership Committee Yes

Local Counter Fraud Specialist Yes

Human Resources and Workforce Team Yes

Consultation comments received Comments Accepted

Comments rejected

Reason for rejection

Joint Partnership Committee Yes

Local Counter Fraud Specialist Yes

Human Resources and Workforce Team

Yes

Disseminate to: All staff and managers

Dissemination methods: Bulletins – Communications Team to disseminate via Bulletin(s) Via P.A.s – HR Team will send out to PAs for notifying the teams Senior Management Meetings – Managers/HR Manager to take to meeting. HR policies to be included agendas. Team Meetings – Team Leads/Supervisors. HR Policies to be an agenda item. Intranet Document Library NHS KCCG’s website

Aim: To provide clear guidance, advice and support to managers and employees regarding their role(s) in managing situation where employees need to be transferred into suitable alternative posts.

Purpose: To outline the redeployment procedure to be followed and to reduce the incidence of dismissal arising from ill-health, capability, redundancy etc.

Objectives To ensure that the policy is applied consistently and fairly across NHS Kernow Clinical Commissioning Group.

Responsibilities: All staff, however, references made in this document to the Knowledge and Skills Framework do not apply to Medical and Dental posts which will be dealt with on an individual basis through the Human Resources Department.

Definitions/Glossary: Policies and procedures

Introduction: Under this policy, redeployment is the process by which suitable alternative employment is sought for employees who are unfit or unable to carry out the duties of their current post, either permanently or temporarily. Redeployment is an option which should be considered in order to retain staff and to enable them to remain within the employment of the organisation by moving them to an alternative post, which is more suited to their needs and/or abilities, or because it is no longer tenable for them to remain where they are currently employed. Redeployment opportunities must also be explored and exhausted before an application for ill-health retirement can be submitted by an employee.

3

Guidance on redeployment as an alternative to redundancy resulting from organisational change is specifically covered by the ‘Organisational Change Policy’.

1 Duties within the Organisation

The organisation will make all reasonable efforts to redeploy and find suitable alternative employment for staff who are affected by ill health/disability (where Occupational health have stated it is appropriate); capability, issues connected with dignity at work and staff who may be affected due to being unable to find a replacement job share partner.

1.1 Those who have roles and responsibilities under this policy are: 1. Directors and Managers 2. Human Resources Staff 3. Employees 4. Recruitment Services 5. Trade Union/Staff Organisation Representatives 6. Occupational Health Services

1.1.2 While it is acknowledged that the process of attempting to find a redeployment opportunity is co-ordinated y Human Resources, the responsibility and ownership for actions taken is fully shared with the relevant Directors and Manager and with the individual concerned, who is expected to take all possible steps to consider options, participate in training provided by the organisation and pursue opportunities which may be suitable in whatever way appropriate.

1.1.3 Individuals may be actively assisted by their Trade Union representative, where they are represented.

2 Redeployment

2.1 Redeployment is referred to in a number of the organisation’s Policies and this Policy is designed to provide a framework and process for redeployment in conjunction with these policies and all other relevant situations. In particular, guidance on redeployment as an alternative to redundancy resulting from organisational change is specifically covered by the Organisational and Service Change Policy.

2.1.1 The issues outlined below include organisation wide responsibilities and the co-operation of all Directors and Managers is relied upon and expected in order for the organisation to fulfil its obligations to its employees.

2.1.2 This Policy is written in relation to redeployment within the organisation but account should also be taken of circumstances where there may be opportunities to redeploy staff elsewhere in NHS Cornwall & Isles of Scilly. Similarly, there may be occasions where staff from elsewhere in the NHS Cornwall and Isles and Scilly may seek redeployment within the organisation. Redeployment requests from outside the organisation will be managed in a separate section of the redeployment register.

2.1.3 It is important that Managers are clear on the principles underlying this process and the procedure to be followed, and that staff are treated fairly and equitably. There are many eventualities where redeployment might be necessary, e.g.:

i. Long Term Sickness, either for a temporary period or on a permanent basis; ii. Frequent Short Term Sickness absence – where capability has been identified as an

underlying factor and redeployment is likely to lead to an improvement in attendance;

iii. Where there are health issues directly related to the person’s specific occupation, e.g. exposure to allergens;

iv. Where downgrading is needed due to capability issues; v. Flexible working requests/work like balance issues; vi. As an outcome of a Disciplinary Hearing; vii. Where conflict resolution (e.g. related to Dignity at Work issues) has not been

possible and Directors, Senior Managers and HR staff consider that redeployment is an appropriate option to safeguard the team/department, service provision and/or wellbeing of individuals concerned;

viii. As a result of a grievance upheld where the relationship between staff and Manager

4

has irretrievably broken down; ix. After a Secondment or a Career Break where the post could not be held open or has

changed during the time that the post holder was away.

2.1.4 If the individual potentially meets the definition of disability contained in the Equality Act 2010, the organisation has a positive duty under the legislation, supported by case law, to make reasonable adjustments to ensure that they remain in employment wherever feasible and this includes providing alternative work (See Appendix 9). This may require a Manager to treat a disabled person more favourably to remove the disadvantage attributable to the disability. (See also Sickness Absence Management Guidance).

3 Principles

3.1 For permanent redeployment, consideration will be confined to fully-funded vacant posts. There is no expectation that Managers will create posts to accommodate individual needs, although they may do so by using alternative funding to meet the short-term requirements of both the Department and the individual as an interim solution.

3.1.1 Posts will be considered for redeployment if they fall within the same or one lower Pay Band. Promotional posts will not normally be considered for redeployment.

3.1.2 The provisions outlined in 3.1.1 will be adjusted for staff who are likely to be covered by the Equality Act 2010, such that if they possess the essential criteria and competencies for a promotional post, they will be guaranteed an interview and will be considered alongside any other internal candidates for the post.

3.1.3 Unless on health grounds or requested/agreed to by the member of staff, redeployments will not normally be to posts which are more than one Band lower within Agenda for Change.

4 Redeployment on Health Grounds

4.1 Redeployment most commonly arises as an option when there is unlikely to be a return to work in the foreseeable future to the existing post due to ill-health, usually following a period of long term sickness absence. Alternatives in type, hours, location and nature of work should be considered by the Manager and the employee with the advice of HR staff and Occupational Health Services concerning what is appropriate to the individual’s condition.

4.1.1 The suitability and equivalence of posts will be considered broadly and flexibly by Human Resources in discussion with the employee and where appropriate the Trade Union representatives. Occupational Health advice on such issues as hours of work, physical capabilities and nature of duties should be taken into account.

4.1.2 Where a reduction in hours is recommended by Occupational Health on a temporary basis to facilitate a gradual return to work to full duties, please refer to the Absence Management Guidance.

4.1.3 It should be appreciated that redeployment is good practice in retaining staff and assisting them under the Sickness/Absence Policy, in addition to ensuring compliance with the Equality Act 2010.

4.1.4 If a member of staff who becomes/is disabled needs adjustments made to enable them to transfer into another post, specialist advice may be necessary in relation to their practical needs which may be access through Occupational Health or from external sources such as the Disability Employment Advisor (Via the Job Centre), Shaw Trust, or particular organisations/charities for example the RNIB.

4.1.5 Redeployment opportunities and suitability must have been fully explored and exhausted before submitting and application for ill health retirement.

5 Procedure

5.1 A register of all staff currently seeking redeployment will be held within the Workforce Directorate and up-dates regularly sent to the Workforce Review Group(s). Opportunities will be actively sought for a period of up to 12 weeks after it is confirmed that the individuals has been deemed fit for alternative employment by Occupational Health. Alternatively and dependent upon circumstances, the 12 weeks would run from the date of an appropriate meeting under one of the approved policies and procedures (e.g. Disciplinary, Capability, etc). This period may include a period of time spent in a temporary post or a secondment but will exclude any trial periods.

5.1.1 Suitable alternative posts for redeployment will be sought, where possible, firstly within the

5

same service area and then organisation-wide. As soon as it is decided that redeployment is the appropriate course of action, the employee should complete a Redeployment Application form/skills profile (Appendix 2) to help inform judgement of what type of redeployment post might be suitable. In determining the suitability, consideration will be given to many factors, including the individual’s:

i. Qualifications, skills and experience ii. Progress against the KSF outline iii. Preferences as to future employment/career iv. Current salary/scale v. Site flexibility/accessibility vi. Hours of work vii. Medical condition/fitness

5.1.2 Where possible, a vacant post should be identified as appropriate for redeployment before it is advertised.

i. The Workforce Directorate should ensure that the appropriate Workforce Review Group(s) are aware of all the staff seeking redeployment, and potential job matches should be brought to the attention of the appropriate Manager before the post is advertised;

ii. Human Resources staff may also seek to identify opportunities by contacting HR colleagues/Managers;

iii. Vacancies which may be suitable for redeployment candidates should not be advertised until the individuals who are seeking redeployment have been given ‘prior consideration’ by the relevant Manager and HR and asked to submit a KCCG Job Application Form, either in hard copy or electronically. If they meet the minimum criteria for the post, a trial period will be arranged (See Section 6 below.)

5.1.3 The member of staff concerned will also be advised to access the ‘jobs@cornwall’ website on a weekly basis and to immediately inform their line manager and/or appropriate HR officer of any posts which they believe would be suitable.

5.1.4 Where a post is identified as potentially suitable for an individual seeking redeployment, they will be sent the job description and person specification and Knowledge and Skills outline. If they confirm a positive interest, a job application form will be completed by them within 7 days and sent to the appropriate HR Officer/Manager dealing with their case and then forwarded to the relevant appointing manager. Their current Manager will be required to provide a reference using the organisation’s standard documentation. They will then be offered a visit to the department and will be fast-tracked for an interview provided they meet the essential criteria for the post. The appointing manager will be required to put the recruitment process on hold until this individual has been given proper consideration for the vacant post. If the individual is deemed suitable for the post, a trail period will be arranged and they will be expected to take up this opportunity (See Section 6 below). If the individual rejects an offer of redeployment, it will be noted that the offer was refused, including the reasons given.

5.1.5 Where the post has already been advertised and/or short-listed and the candidates notified, it may be necessary to write to those who have applied explaining that interviews will not now be taking place or will be delayed. (Appendix 3)

5.1.6 The advantages to the receiving Manager are that the person redeployed can start with minimal delay as no notice period is needed, they have experience of working in the organisation, some additional funding may be available to them from the originating manager and there is the provision of a trial period.

5.1.7 If the employee is successful in obtaining the new post, Human Resources will be involved in making mutually acceptable arrangement for redeployment with the receiving Manager, the originating Manager, the member of staff and their trade union representative, if appropriate. Human Resources must also confirm with Occupational Health, where necessary and at the appropriate time, that this is a suitable alternative post in relation to the employee’s health situation (Appendix 4). This process will include reaching agreement between all parties over issues of outstanding annual leave.

6

5.1.8 If the appointing Manager is able to demonstrate, on objective grounds, that a post identified as potentially suitable for the individual is not actually suitable, evidence to support this decision will be required by Human Resources on a ‘Consideration for Redeployment – Feedback’ form (Appendix 5). This information will be shared with the individual to assist them in the future.

5.1.9 Where the member of staff is working while seeking redeployment, it is expected that paid time off will be provided for relevant training, visits, research and interviews which would be considered to be assisting them in their quest for a permanent post.

5.1.10 Where the 12 week period comes to an end with no success and the employee has to be given notice of termination, they may continue to seek redeployment within the organisation during their notice period, with appropriate support and advice continuing as before. Should a suitable opportunity then be identified, the notice period will be extended to accommodate the trial period.

6 Trial Periods

6.1 If a redeployment trial period is unsuccessful, normally one further opportunity will be sought, i.e. a total of two. If an offer of redeployment to a post which is considered to be appropriate and reasonable is rejected by the individual, no further redeployment will be offered.

6.1.1 To overcome the concerns of both the employees and receiving Manager, any redeployment will be subject to a trial period of not less than 4 weeks and normally no more than 3 months. The details will be included in a letter to the individual, copied to both Managers involved (Appendix 6). During the agreed trial period the employee will remain on the original Manager’s budget.

6.1.2 If all parties agree that redeployment is not working out, the trial period could be ended earlier or alternatively, if everything is going well the person can be made substantive sooner. In exceptional circumstances, it may be necessary where a 3 month trial period is initially agreed, to extend the trial period for up to a total of 6 months by agreement with all parties.

6.1.3 Appropriate training or retraining against the Knowledge and Skills outline for the new post will be offered to assist with redeployment into a specific post. There will be ongoing support and performance management e.g. workplace induction, objective setting, agreed criteria for success. As a minimum, the Manager will conduct a review of the redeployment, a review against the Knowledge and Skills outline, halfway through the trial period. Reviews by Occupational Health may also be needed where appropriate.

6.1.4 A formal review meeting towards the end of the trail period will take place to discuss the redeployment and to decide if the move should be made permanent. A Human Resources representative will be present at this meeting, and the original Manager may attend if appropriate. The member of staff has the right to be accompanied by a work colleague, or an official of a staff association recognised under Agenda for Change agreement, or an official of any trade union who is not a family member or acting in a legal capacity. These arrangements are confirmed in writing (Appendix 7).

6.1.5 Where a trial period is unsuccessful, details of the reasons why it failed must be recorded in the notes of the review meeting and retained by Human Resources and the employee will return to the redeployment process, normally for one further attempt at redeployment.

6.1.6 If the trial period proves satisfactory to all parties, the redeployment will be made permanent. Arrangements will be confirmed in writing (Appendix 8).

7 Pay and Protection

7.1 Protection of pay will only be applicable in cases of redeployment as a result of organisational change or where the employee is redeployed as a result of recommendations following a hearing held under the KCCG’s Dignity at Work Policy or Grievance Procedure. Where redeployment takes place in these circumstances, the individual’s pay during the trial period, will continue as if the individual was in work in their existing substantive post. Basic salary and additional payments will be taken as the average over the 4 months immediately preceding the first day of redeployment in the new post, but excluding a temporary increase or acting-up allowance or secondment.

7

7.1.1 This salary will be funded by the original manager for the first 3 months. The original and receiving managers should agree with Human Resources such details as the funding of the trial period, the taking of outstanding annual leave and the length of the trial period. Where there is an essential training requirement for a post and this will be undertaken during the trial period, the funding will be subject to agreement by the Mangers concerned and Human Resources.

7.1.2 There will be specific issues where the redeployment is only needed for a limited time or where the available post is temporary or a secondment. It is recognised that where it is temporary, substantive options must continue to be sought. The managers will need to liaise with the relevant Finance Manager to facilitate any transfer of funding.

7.1.3 Excess travel and car parking expenses are only payable for the trial period of redeployment. The exceptions to this are staff who accept another post in consequence of Redundancy in accordance with the Agenda for Change Terms and Conditions of Service Paragraph 17.27, who are entitled to be reimbursed their extra daily travelling expenses for a period of up to 4 years and staff redeployments under the Organisational Change Policy, as appropriate.

7.1.4 If the redeployment results in a pro-rata reduction in the individual’s earnings, in order to minimise the financial impact, the appointment will be made to the highest available point of the pay scale/band allowable under Agenda for Change Terms and Conditions. The full appropriate Knowledge and Skills outline will need to be achieved within a reasonable timescale.

7.1.5 With reference to paragraph 7.1.3 and 7.1.4 above, if a member of staff wishes to be redeployed into a lower grade post which is more than one Agenda for Change Band lower than their current substantive post, this will not be deemed to be ‘suitable’ by the organisation and will therefore not be eligible for pay protection if the reasons for redeployment would otherwise have attracted protection.

7.1.6 If the individual has had 3 months or an agreed trial period or has already had one trial redeployment period and/or a temporary redeployment/secondment, for any subsequent trial redeployment periods there will be a corresponding reduction in the duration of any pay protection.

7.1.7 Redeployment will be treated in the same way as it the person has been recruited, i.e. they will be appointed on to Agenda for Change Pay, Terms and Conditions. The permanent redeployment i.e. the new substantive post, will be confirmed to the individual in writing (Appendix 8) and they will be provided with a copy of the contract amendment form (CAF) and Job Description including KSF outline.

7.1.8 Should the search for suitable alternative employment prove unsuccessful, other options will be discussed in accordance with the sickness/absence management policy or other relevant policy/procedure, employment may have to be terminated.

Training: Has a training need been identified? If so what is it and how will it be addressed. Training will be incorporated into the relevant existing Human Resource Policy Training

Key Performance Indicators: List how you, as the policy author, will measure the success of achievement against the objectives HR will monitor number of redeployment cases and the outcome

Monitoring: To which Board/sub-committee/committee will the results of the outcome of the assessment against the key performance indicators be reported

Equality Impact Assessment: Attached for approval/ratification

8

Appendix A

MANAGER’S CHECKLIST

INFORMAL/FAST-TRACK INTERVIEW WHEN CONSIDERING A MEMBER OF STAFF FOR A TRIAL REDEPLOYMENT PERIOD

Discuss:

1. The Job a. Job Description/Person Specification b. Skills/competencies required c. The Department/Ward and work team d. Full time or part time etc e. Working arrangements f. Arrange informal visit to the area

2. The Person a. Application form and employment history, experience, skills, etc (from skills

profile) b. Health Problems/limitations or adjustments c. Occupational Health advice and confirmation post is suitable d. Any other reasons for redeployment (non-health) or important managerial

issues e.g. disciplinary warnings

3. Practical Issues a. Training needs and how to meet these b. Pay protection? c. Coming back into work gradually d. Trial period – length, funding, objectives, mentor, competencies, extension,

what happens at the end i.e. formal review. e. When can they start?

9

Appendix 2 STRICTLY PRIVATE AND CONFIDENTIAL

REDEPLOYMENT APPLICATION FORM/SKILLS PROFILE

Name Assignment / Payroll Number

Manager Job Title

Department Contact Number

QUALIFICATIONS/TRAINING

Date from Date to Academic/Professional/Vocational Grade Achieved

Other Training Taken with dates

WORK SKILLS/ ACTIVITY/ EXPERIENCE

Current Hours per Week:

Preferred Hours per Week:

Date from Date to Previous Roles/Duties

Experience/Skills Obtained (including progress against the Key Skills Framework)

10

Relevant Personal Circumstances (eg health condition/ limitations etc)

Other Information

Signed (Employee) Date

To be completed at initial meeting with employee, one copy to HR Manager and one copy to Workforce Review Group(s).

11

Appendix 3 REGRET LETTER TO APPLICANTS WHEN A POST WHICH HAS BEEN ADVERTISED IS FILLED BY REDEPLOYMENT Date Dear Name Re: Application for Post, Dept/Ward, Location, Job Ref …… I write with reference to your application for the above post and thank you for the interest you have shown. Unfortunately I regret to inform you that the post is no longer available and I apologise for any disappointment and inconvenience this may have caused. I sincerely hope that you will apply for other suitable vacancies in the KCCG in the future and wish you well in your career. Yours sincerely,

Manager Job Title cc Jobs@

12

Appendix 4

LETTER TO OCCUPATIONAL HEALTH REQUESTING ADVICE ON THE SUITABILITY OF A POST FOR REDEPLOYMENT

Private & Confidential Dear Re: You last reviewed this insert member of staff name and job title from Department on insert date. Prior to this you had seen him/her on date due to condition/reasons and your report is recommended permanent redeployment to suitable alternative duties within the KCCG and that he/she should not return to work to his/her former post. A substantive post has now been offered to him/her on a X week trial redeployment period with effect from date. I am enclosing a job description, person specification and further background information relevant for this post of new job title, grade, ward/dept. Please could you inform me of the suitability of the post for name of individual with regard to his/her health problem(s)/disability and/or medication. Many thanks Yours sincerely Human Resources Manager/Advisor

13

Appendix 5

CONSIDERATION FOR REDEPLOYMENT - FEEDBACK FORM (To be used following prior consideration/application & fast track interview)

Employee Name:…………………………………………………………….. Current Post/Grade …………………………………………………………. Dept/Location:…………………………………………………………………….. Post sought for Trial redeployment:……………………………………… Date of informal/fast-track interview:……………………………………..

This form is to be completed by managers who are required to consider an employee for a trial redeployment period. The form is intended to provide documentation to evidence that sufficient, fair and objective consideration has been given to staff seeking redeployment opportunities and to make feedback available which can be used to assist the employee in identifying skills and training needs to help them in securing a successful redeployment. Redeployment is an option which should be considered in order to retain staff and to enable them to remain within the employment of the organisation by moving them to an alternative post which is more suited to their needs and/or abilities, or because it is no longer tenable for them to remain where they are (see Section 7.1 of the Redeployment Policy). If the individual potentially meets the definition of disability contained in the Equality Act 2012 the KCCG has a positive duty under the legislation, supported by case law, to make reasonable adjustments to ensure that they remain in employment wherever feasible, and this includes seeking alternative work (see Appendix 9). This may require a manager to treat a disabled person more favourably to remove the disadvantage attributable to the disability. Where an employee is identified for redeployment they will be fast-tracked for an interview provided they meet the essential criteria for the post. Where the individual is not deemed suitable Section A of this form should be completed by the manager from the appropriate area. Similarly, if the individual rejects an offer of redeployment, it will be noted in Section B that the offer was refused including the reasons given by the individual.

If you have any questions in relation to this form then please contact the Human

Resources Team .

14

Appendix 6 SECTION A Manager’s comments in respect of the employee (refer to the person specification where appropriate):

Qualifications

Experience

Skills

Special Knowledge

Personal Qualities

Training required to be successful in this role

General Comments/other reasons

Successful Yes/No? Manager’s signature ……………………………………………. Date……………………………… Post title ……………………………………………..

15

SECTION B To be completed by member of staff rejecting an offer of redeployment Reasons for not accepting an offer of a trial redeployment period:- …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………… Employee’s signature ……………………………………………. Date ……………………………… Printed Name and Job Title: ………………………………………………………………………………… Completed Form to be returned to Human Resources

16

Appendix 7

LETTER OF CONFIRMATION FOR TRIAL REDEPLOYMENT PERIOD Date Dear Name RE: Confirmation of Trial Redeployment Period Following your recent discussions with current manager and new receiving manager, concerning your trial redeployment to the new department/ward. I was pleased that a post has been found which may meet your needs and enable you to continue in employment in the organisation. I formally confirm that with effect from <start date> you will commence a trial period of redeployment to the post of <new post – job title and grade> within the <new department/ward> at <new base>.Before the end of this period a joint decision will be made as to whether this will become your substantive post. Your hours will be the hours for the new post, i.e. <x> hours per week, under arrangements agreed with <new manager>. The principal duties and responsibilities are outlined in the job description which <I believe you have already received> <is attached>. (If redeployment on health grounds) I have sent the job description for the post to <doctor dealing with the case>, in the Occupational Health service to ensure that he/she feels this is an appropriate placement in relation to your health and/or medication. A <x> week (generally 4 weeks, but may be up to 12 weeks) trial period has been agreed and informal reviews of your progress, providing ongoing support and training / performance management as necessary, will take place on a regular basis. Please ensure that either new manager or current manager are notified if you consider that the duties of the post are causing you any problems. A review of the arrangement will be held before the end of the <x> weeks, with a member of staff from Human Resources present, and you will have the right to be accompanied at the meeting by a work colleague, or an official of a staff association recognised under the Agenda for Change agreement, or an official of any trade union who is not a family member or acting in a legal capacity. Continued…

17

As this is a temporary arrangement at present, your existing substantive post remains that of current job title and banding for the trial period and you will continue to be paid your salary and any regular additional payments that you would have received until the end of the trial period. (insert if any additional information or agreement has been discussed i.e. excess mileage)

If you have any queries relating to the above, please do not hesitate to contact me on (number).

Yours sincerely Name Human Resources Manager/Advisor c.c. Original Manager Receiving Manager

18

Appendix 8

LETTER CONFIRMING TRIAL REDEPLOYMENT PERIOD REVIEW MEETING

Date Dear Name RE: END OF TRIAL REDEPLOYMENT PERIOD - REVIEW MEETING Your (X) week trial redeployment period in the post of Job Title, Banding, Department, is due to end on Date. I wish to invite you to a formal review meeting to with myself and insert others present, on Date, at Time, location to discuss your progress. You have the right to be accompanied by a work colleague, or an official of a staff association recognised under the agenda for change agreement, or an official of any trade union who is not a family member or acting in a legal capacity. If you have any queries relating to the above, please do not hesitate to contact me on telephone number. Yours sincerely Receiving Manager’s Name Job Title c.c. Trade Union Rep Human Resources Manager/Advisor

19

Appendix 9

LETTER TO OFFER SUBSTANTIVE POST AFTER COMPLETION OF 4 WEEK TRIAL Date Dear Name RE: 4 WEEK TRIAL COMPLETED – OFFER OF SUBSTANTIVE POST Further to the letter dated Date regarding your redeployment to post in new Dept, I write to confirm that the <x> week trial period has been completed. A review meeting was held on date with (Insert all present at meeting) and it was confirmed all aspects of your skills and working relationships were more than satisfactory. You, in turn, confirmed that you were happy in your new work area, finding the work suitable and the working environment in the department supportive. I am pleased to confirm that your substantive redeployment to the post of <band> <job title> in the < Dept> is confirmed with effect from <Date>.

In this new post you will be placed on the <relevant Agenda for Change <Band>, i.e. <£ bottom incr - £ top incr> per annum and on the <xth> incremental point of the scale.

Or

As this new post is at the same banding as your previous post you will remain on the same incremental point and your incremental date will remain unchanged.

Your hours of work will be (hours per week) (insert start time/finish time/days or on a shift basis. under arrangements agreed with (insert name and Job title) who will be your new line manager. The principal duties and responsibilities are outlined in the job description which I believe you have already received.

(delete if no change in salary or banding) If you are a member of the NHS Pension Scheme you may be able to preserve benefits earned at the higher salary, provided that you meet the relevant criteria of the scheme. You are advised to contact the Payroll and Pensions Services Department as soon as possible for further advice regarding your options as there are time limits for requesting preservation of benefits under the scheme regulations. Your other Terms and Conditions of Employment will transfer onto Agenda for Change NHS Terms and Conditions of Service and you will automatically continue in the NHS Pension scheme unless you have informed us of your wish to opt out. (delete if not applicable) You are entitled to claim for the excess mileage incurred due to your move from (old location) to (New location) for a maximum of 4 years for (substantive start date). Please note payments for Excess Mileage will cease if you voluntarily takes up other employment within the KCCG or another employer, or you move home during the period of entitlement to Excess Mileage reimbursements.

20

The Payroll Department has been notified of this change and will make the necessary adjustments to their records. I would be grateful if you would confirm your acceptance of this contractual change by signing both copies of the attached Contract Amendment form, retaining one copy for your information and returning the other signed copy to me as soon as possible. Yours sincerely, <Name> Human Resources Manager /Advisor c.c. Original Manager Receiving Manager Payroll Services N.B. Contract Amendment Form to be completed and forwarded to payroll to make changes, specifying protection if appropriate

21

Appendix 10

REASONABLE ADJUSTMENTS – EQUALITY ACT 2010 1. Throughout the application of this Policy, due regard must be given to the Disability

Discrimination Acts 1995 and 2005. The KCCG recognises that a disability should not bar a person from employment unless it would genuinely and significantly impede that person from doing the job in question, and there is nothing that the KCCG can reasonably do to overcome this. A disabled person must be given equal opportunities to take up employment and take up training opportunities even when adjustments would require treating that person more favourably than others.

2. Definition The Equality Act 2010 define a disabled person as anyone with a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities. (i) Physical Impairment includes, for instance, a weakening of part of the body caused through

illness, by accident or congenitally. (ii) Mental Impairment includes a clinically well recognised mental illness, or learning disability. (iii) Substantial means that the effect is more than minor or trivial, but it does not have to be

severe. (iv) Long-term adverse effect means that the effect has lasted or is likely to last for at least 12

months, and the effect is a detrimental one. A person whose life expectancy is less than 12 months is also covered if the effect is likely to last for the whole of that time.

(v) Normal day to day activity means something that is carried out by most people on a fairly regular and frequent basis.

Under the Acts, the person may be affected in one of the following respects: (i) Mobility (ii) Manual dexterity (iii) Continence (iv) Physical co-ordination (v) Ability to lift, carry or move everyday objects (vi) Speech, hearing or eyesight (vii) Memory or ability to concentrate, learn or understand (viii) Perception of the risk or physical danger Also covered by the Acts are: (i) Recurring or fluctuating conditions which may include arthritis (ii) Conditions which progressively deteriorate which may include multiple sclerosis, HIV and

cancer (iii) Severe disfigurements 3. Reasonableness Reasonable adjustments will be made to working conditions where these would otherwise place a disabled person at a substantial disadvantage. Less favourable treatment of a disabled person for a reason related to the disability cannot be justified where the reason for the treatment can be

22

removed, or made less than substantial, by reasonable adjustment. In determining the reasonableness of a proposed adjustment the following will be considered: (i) The effectiveness of the adjustment in preventing the disadvantage (ii) The extent to which it is practicable to make the adjustment (iii) The effects on the service provided and in particular patient care (iv) Financial and other costs including any options for assistance (for example, via the Disability Advisory Service)

4. Advice Where an employee has, through sickness or accident become disabled, the KCCG will assess the potential to retain the person in employment, either within the post currently occupied or in another identified and suitable role. Advice on the implications of the Equality Act 2010 should be sought at any stage of the application of the Sickness Policy from a Human Resources Manager/member of Human Resources team or from Trade Union or Professional Organisation representatives. The employee will be offered input from the Disability Advisory Service who will advise on work place adjustments, and where necessary possible alternative employment options. In certain cases, the Disability Advisory Service will contribute to the purchase of specific equipment or other workplace adjustments, which will enable the person to continue in employment. The employee will be involved in all of the above processes. Disability Employment Advisors (DEAs) Disability Employment Advisors (DEAs) are usually based in job centres and are supported by local Disability Service Teams (DSTs). DEAs can:-

Provide advice and support in adopting good employment policies and practices in the recruitment, retention, training and career development of disabled people.

Visit employment premises and provide advice on the practical and financial help available including adaptations to premises or the provision of special aids to employment under the Access to Work programme.

Provide information on other Employment Service programmes available, such as the Job Introduction Scheme which enables employers to take on someone with a disability for a trial period, or Supported Employment programme when employing someone with a more severe disability.

Disability Employment Advisors can provide:-

An initial employment assessment

Referral, where appropriate, to work preparation or occupational health assessment

In depth job seeking advice

Information on the referral to specialist employment

Service programmes for disabled people including the Access to Work Programme, Job Introduction Scheme and Supported Employment Programme

Referral to training

Work Place Assessments

Job Matching Service and provision of ongoing support. They can also provide advice on specialist equipment and can often loan equipment to employers where this is available, and assistance may be available with such costs as fares to work, where employees have travelling problem. In general, DSTs will fund a proportion of the costs incurred, although the employer is expected to fund a proportion of the adjustments/equipment involved.

23

Reasonable Adjustments could be:

o Review of working patterns and contracted hours:

o Consideration of innovative ways of working o Working flexibly

o Work place assessment

New equipment Change of environment

o Redeployment

o Support o Occupational Health o Human Resources o Training and Development

24

Appendix 11

REDEPLOYMENT FLOWCHART

Once an employee is identified as requiring redeployment…

Existing manager and Human Resources meet with the employee, Trade Union Representative (or workplace colleague) and fill out the Redeployment Application Form/Skills profile and ensure that the employee is entered onto the redeployment register maintained by the Workforce Directorate. The process is started and all concerned are aware of their responsibilities.

The appropriate Workforce Review Group(s) is made aware of all staff seeking redeployment, and should bring potential job matches to the attention of the appropriate Manager before the post is advertised. The employee is sent the weekly internal vacancy bulletin and is directed to the electronic job vacancy site.

Once suitable alternative employment opportunities are identified and the employee meets the essential criteria, the employee is normally ‘fast-tracked’ for interview after completing a standard application form. If an identified job has not yet been advertised, the advertisement should be put on hold until the individual who is seeking redeployment has been given prior consideration. Where the recruitment process is already underway, other applicants will be advised that recruitment is no longer proceeding (see Appendix 3). During this time the employee may be released to attend departmental visits and any required training.

All positions will be subject to a trial period. If the employee is successful, normally an offer of employment is then made subject to Occupational Health clearance. An employee may be offered a total of two redeployment opportunities.

If suitable alternative employment is not secured and the manager has explored all available options then termination of the employee’s contract will be considered. Acceptable reasons for not appointing MUST be given in writing.

The redeployment process from start to finish should normally take no longer than six months in total.

25

Initial Equality Impact Assessment Screening Form

Initial Equality Impact Assessment

Pro Forma

1

Section

Human Resources

Officer responsible for the assessment

Helen Jones

Name of Policy to be assessed

Redeployment Policy & Procedure Date of Assessment

July 2012

Is this a new or existing policy?

Existing

1. Briefly describe the aims, objectives and purpose of the policy.

To provide clear guidance, advice and support to managers and employees regarding their role(s) in managing situations where employees need to be transferred into suitable alternative posts.

2. Are there any associated objectives of the policy? Please explain.

The policy seeks to improve working relationships generally through a supportive approach to redeployment. The retention of skills and experience will also be in the best interests of the service and patient care.

3. Who is intended to benefit from this policy, and in what way?

The Policy is intended to have a positive impact on members of staff across the KCCG as it is about seeking ways of retaining skills and experience wherever possible when emplopyees can no longer perform their current duties. It seeks to improve working relationships generally through a supportive approach to redeployment. The retention of skills and experience will also be in the best interests of patient care.

4. What outcomes are wanted from this policy? To retain skills and experience of staff through redeployment where appropriate.

5. What factors/forces could contribute/detract from the outcomes?

Poor communication and awareness of both employees and Managers with regards to the application and entitlement of staff to redeployment.

6. Who are the main stakeholders in relation to the policy?

All staff and Managers 7. Who implements the policy, and who is responsible for the policy?

HR Team and Governance

8. What is the differential impact on people from Black and Minority Ethnic Groups (BME) (positive or negative)?

This policy is designed to protect all staff and does not impact on any one group of people over another.

How will any negative impact be mitigated? The existence of this policy and procedure should ensure that the KCCG, through its managers, adopts a consistent approach when individuals are being considered for redeployment. This includes those individuals covered by protected characteristics as defined in the Equality Act 2010. The KCCG respects employees from all racial backgrounds as evidenced in its Equality, Diversity and Human Rights Policy. The KCCG will ensure that there is access to information about the policy for those whose first language may not be English.

2

9. What is the impact for male or female people (positive or negative)?

This policy is designed to protect all staff and does not impact on any one group of people over another. Monitoring will be undertaken to ensure that there is no disproportionate impact on any particular gender. The decision to approve redeployment will be determined on a case by case basis, regardless of the gender of the individual submitting the request..

How will any negative impact be mitigated? The KCCG has a commitment to ensure that no person is discriminated against on the grounds of their gender. The policy will actively be promoted to both men and women. The guidance will be applied on a case by case basis and all individuals will be dealt with consistently and fairly, regardless of the characteristics of the staff member concerned.

10. What is the impact on disabled people, including those with learning disabilities (positive or negative)?

This policy is designed to protect all staff and it is anticipated that this should not impact on any one group of people over another, however it is acknowledged that the detail of the policy may prove difficult to understand and interpret into individual circumstances, and monitoring of the number of queries raised by this group of staff to ensure that they are not disproportionately affected will be undertaken. Information will be made available in alternative formats so that staff are able to access the policy.

How will any negative impact be mitigated? The policy may not be easily understood by those individuals with a learning disability and the KCCG will ensure that it is available in other formats such as easy read. The Policy will have a positive benefit for all staff, and is about seeking to retain skills and improve working relationships. An objective of this policy is to ensure that all staff employed by the PCT are considered for redeployment where appropriate and will be dealt with consistently and fairly, regardless of the characteristics of the staff member concerned. The KCCG will monitor the number of queries raised by this group of staff to ensure that they are not disproportionately affected.

11. What is the impact on sexual orientation (lesbian, gay, bisexual) ?

This policy is designed to protect all staff and does not impact on any one group of people over another. The KCCG acknowledges that there are a small number of individuals to whom this may apply and this will be monitored to ensure that this group of staff will not be disproportionately affected.

How will any negative impact be mitigated? An objective of this policy is to ensure all applications for redeployment are dealt with consistently and fairly, regardless of the characteristics of the staff member concerned. The KCCG has a commitment to ensure that no person is discriminated against on the grounds of their sexual orientation and any applications submitted will be determined on and individual basis, taking into consideration the needs of the service.

12. What is the impact on people of different ages (positive or negative)?

This policy is designed to protect all staff and does not impact on any one group of people over another.

How will any negative impact be mitigated? An objective of this policy is to ensure all redeployment issues are dealt with consistently and fairly, regardless of the age of the staff member concerned. The KCCG has a commitment to ensure that no person is discriminated against on the grounds of age and any application will be determined on a case by case basis.

13. What impact will there be due religion or belief (positive or negative)?

This policy is designed to protect all staff and does not impact on any one group of people over another and looked at on a case by case basis.

3

How will any negative impact be mitigated? An objective of this policy is to ensure all applications for redeployment are dealt with consistently and fairly, regardless of the religious beliefs of the staff member concerned. The KCCG has a commitment to ensure that no person is discriminated against on the grounds of their religious belief. The KCCG will monitor the use of this policy and will ensure that the Policy is culturally sensitive.

14. What is the impact on marriage of civil partnership, this is particularly relevant for employment policies (positive or negative?.

The policy exists to facilitate and support all staff irrespective of their marriage or civil partnership status

How will any negative be mitigated? An objective of this policy is to ensure all applications for redeployment are dealt with consistently and fairly, regardless of the status of the staff member concerned. The KCCG has a commitment to ensure that no person is discriminated against on the grounds of their marriage or civil partnership status and any application will be on a case by case basis.

15. What is the impact on people who have gone through or are going through gender reassignment, or who identify as transgender?

The policy exists to facilitate and support all staff irrespective of any gender reassignment or transgender issues

How will any negative impact be mitigated? An objective of this policy is to ensure that all individuals will be dealt with consistently and fairly, regardless of the characteristics of the staff member concerned. The KCCG has a commitment to ensure that no person is discriminated against on the grounds of their gender reassignment or transgender issues. The KCCG will monitor that there is no differential impact on this group of staff.

16. What is the impact on people who are pregnant or breast feeding mothers?

This policy is designed to protect all staff and does not impact on any one group of people over another and the KCCG will actively monitor the use of this policy to ensure that there is no discrimination on the grounds of pregnancy or maternity. The legislative entitlements will apply with regards to time off from work with pay.

How will any negative impact be mitigated? An objective of this policy is to ensure all applications are dealt with consistently and fairly, regardless of the characteristics of the staff member concerned. The KCCG has a commitment to ensure that no person is discriminated against due to pregnancy or maternity and will monitor that there is no discrimination on these grounds and that any application would be dealt with on a case by case basis

4

17. How have the Core Human Rights Values of: Fairness; Respect; Equality; Dignity; Autonomy Been considered in the formulation of this policy/strategy If they haven’t please reconsider the document and amend to incorporate these values.

The purpose of this policy is to ensure that the PCT has a practical mechanism to treat all employees equally and consistently. The Core Human Rights Values underpin this policy and in line with the KCCG’s commitment to equality, diversity and human rights as set out in its Equality and Diversity Policy and the Equality, Diversity and Human Rights Scheme 2009-2012. This Policy is designed to ensure that a fair system is in place for those staff who require redeployment, and that any decision is based upon an individuals needs balanced with the needs of the business only. All individuals working for the KCCG will be treated fairly, with dignity and respect, whilst acknowledging their right to equality and autonomy whilst undertaking their work.

5

18. Which of the Human Rights Articles does this document impact?

The right:

To life;

Not to be tortured or treated in an inhuman or degrading way;

To be free from slavery or forced labour;

To liberty and security;

To a fair trial;

To no punishment without law;

To respect for home and family life, home and correspondence;

To freedom of thought, conscience and religion;

To freedom of expression;

To freedom of assembly and association;

To marry and found a family;

Not to be discriminated against in relation to the enjoyment of any of the rights contained in the European Convention;

To peaceful enjoyment of possessions and education;

To free elections

Yes

No

X

X X X X X X X X X X X X

X X

What evidence do you have for making these statements?

The policy is underpinned by a commitment to protect the rights and individual needs of those individuals who make an application for relocation expenses.

19. How will you ensure that those responsible for implementing the Policy are aware of the Human Rights implications and equipped to deal with them?

Through a series of management updates via the staff intranet and guidance/best practice information from HR

20. If the negative impacts identified have been unable to be mitigated through amendment to the policy, explain how you will conduct a full EIA

It is thought that any differential impact has been mitigated by the steps identified in the policy.

21. If the differential impacts identified are positive, explain how this policy is legitimate positive action and will improve outcomes, services or the working environment for that group of people.

Not applicable

6

22. If you do not need to proceed to a full EIA explain what amendments have been made to the policy as a result of this screening, and when they were made.

Signed (completing officer) …Claire Beckett………………………………….. Date 09 July 2012 Signed (Head of Section) ……………………………………………………….. Date Please ensure that a signed copy of this form is sent to both the Policies Officer and the Equality and Diversity lead to be placed on the Document Library.