NJC Maternity Pay and Leave Scheme

Retraining and

Redeployment

Policy and Procedure

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

*

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Maternity Pay

and Leave Policy and Procedure

Lead Directorate and Service:

Corporate Resources - Human Resources

Effective Date:

July 2018

Contact Officer/Number:

Employment Services Advice Centre / 391221

Approved By:

The Executive: 8.8.00, Min: 162

Director of Personnel and Performance: DR: 162

CMT: 16.7.12, Min: 14219

CMT: 6.8.12, Min: 14259

The Cabinet: 4.9.12, Min: 4522

CMT: 16.4.15, Min: 16285

CMT: 16.7.18, Min: 18156, DR: 21002, 3.8.18

ContentsRetraining and Redeployment Policy11.Background12.Policy Statement13.Policy Aim14.Implementation1Retraining and Redeployment Procedure41.Identification of Redeployee42.Redeployment Register43.Suitable Alternative Work54.Interviewing Redeployees55.Offer of Alternative Employment66.Trial Periods67.Support for Guidance for Redeployees78.Appeal8Details of Employee Seeking Redeployment9

J2 - Retraining and Redeployment Policy and Procedure

Retraining and Redeployment Policy

1.Background

This policy and procedure applies to all employees of the Council excluding school based employees. Employees are a valuable resource and a vital factor in the efficient and effective operation of quality Council services. In circumstances where it is established that an employee can no longer remain in their existing post, it is of mutual benefit to the organisation and its workforce to strive to achieve a means of retaining the skills and experience of the employee in other available areas of employment within the Council.

2.Policy Statement

The Council will strive to retain employees who qualify under this policy. Where employees meet the essential criteria for interview or can be trained within a reasonable timescale to acquire the necessary skills to carry out the duties, priority will be given to them over all other employees, in the application and interview for vacant posts.

3.Policy Aim

The aim of this policy is to provide employees with reasonable opportunities for retraining and redeployment where they can no longer continue in their existing posts and are to be re-deployed as an alternative to dismissal, with the exclusion of those who can no longer continue in their existing post for disciplinary/conduct reasons.

4.Implementation

Strategy

This will be achieved by:

· Monitoring the current and projected employee requirements by a system of vacancy management to enable early identification of suitable redeployment opportunities.

· Working with employees to identify and offer suitable redeployment opportunities to enable employees to secure alternative jobs and maintain continuity of employment.

· Providing appropriate retraining.

· Every reasonable effort will be made to assist employees who develop a disability during employment to continue in their employment with any reasonable adjustments and adaptations that can be made to the duties, or working patterns as medical advice deems appropriate. This will include consideration of suitable alternative employment into another role within the Council where appropriate.

· Developing a culture in which Managers, employees and trade unions will support the principles of redeployment.

Responsibility - Managers

Managers will:

· Monitor vacancies within their own Directorate in order to identify redeployment opportunities.

· Seek to redeploy any employee on the Council’s Redeployment Register by considering redeployees who meet the essential criteria on the person specification or who can be trained within a reasonable timescale for any vacancies they may have in advance of all other employees.

· Seek medical advice for employees who may have a disability under the Equality Act 2010 definition where relevant.

· Inform the Employment Services Personal Liaison Contact (PLC) of the outcome of any interviews of redeployees before informing the individual concerned.

Responsibility - Head of Human Resources

The Head of Human Resources will be responsible for:

· The coordination and administration of the Retraining and Redeployment Register.

· The monitoring of adherence to the policy and procedure.

· Delegating responsibility to implement this policy and procedure to an appropriate Officer.

Responsibility - Employees

Employees are expected to seek opportunities for redeployment and be flexible, proactive and positive in considering suitable alternatives. Employees will:

· Be reasonably mobile in location, use existing skills and acquiring new skills.

· Complete all reasonable training which has been identified to assist in the redeployment exercise.

· Prepare for and attend interviews for posts which may present suitable alternative employment.

· Seek suitable alternative posts within and outside the Council.

· Fully engage with the redeployment process and work with the PLC to identify suitable alternative employment within the Council.

· Bring any suitable alternative posts which they have identified within the Council to the immediate notice of their PLC.

· Be required to undertake other work of a different and/or temporary nature within their capability whilst redeployment is being sought.

Eligible Employees:

· All employees of the Council including centrally employed teaching staff who have continuous service of two years or more at their termination date and whose post is ending by reason of fixed term employment ending or redundancy.

· Employees who have become disabled or who have a disability which has changed during their employment, as defined by the Equality Act 2010, and can no longer carry out the duties of their post.

· Employees who, following advice of the Council’s Occupational Health Service, are unable to carry out the duties of their post due to health reasons, including those whose employment cannot be sustained due to their ill health.

· Employees who have been subjected to harassment/bullying and who prefer to transfer their place of work following a substantiated claim of harassment/bullying.

· Employees who due to capability cannot perform the duties of their post to the required standard and where it is decided that on the merits of the case redeployment is a reasonable option.

· Employees who are substantially affected by relocation or changes to hours of work.

Employees who are not eligible under this policy:

· Teachers and Support staff within schools. (There is a separate policy for these employees.)

· Employees who are to be moved on a permanent basis from their place of employment for reasons of misconduct specifically relating to bullying/ harassment claims or disciplinary issues.

· Employees unable temporarily to carry out the full duties of their post because of ill-health.

· Redeployees applying for promotional posts.

· Casual workers.

· In normal circumstances, all employees who have continuous service of less than two years at the date of dismissal.

· Employees who have volunteered for redundancy and whose request has been accepted.

Monitoring

Directors and Managers are responsible for ensuring adherence to the Retraining and Redeployment Policy and Procedure.

The Head of Human Resources will monitor the operation and effectiveness of this policy and procedure.

Review of Policy

This Retraining and Redeployment Policy will be kept under review as part of the rolling programme of Human Resource policy reviews.

Reference Policies/Procedures

Attendance at Work Policy and Procedure (K2) and Guidelines for Managers (K2a)

Redundancy Policy and Procedure (J1)

Grievance Procedure (H1)

Harassment/Bullying Policy (O2)

Equality in Employment Policy (O1)

Capability Policy and Procedure (G3)

12

Retraining and Redeployment Procedure

This procedure details the Council’s approach to managing the process of retraining and redeploying employees whose employment is at risk. The aim of the procedure is to ensure that Managers deal with redeployees in a fair, consistent and lawful manner to maximise the opportunity to find suitable alternative employment and that employees understand their role in this process.

1.Identification of Redeployee

When a situation arises within a Directorate where an employee becomes eligible for redeployment as confirmed by the Manager and a Human Resources Officer in accordance with the Retraining and Redeployment Policy, the Human Resources Officer will arrange a meeting with the redeployee. The Human Resources Officer will aim to arrange the meeting within five working days. Where the individual has been recognised as potentially having a disability under the Equality Act this will include any medical advice relating to capabilities/limitations or recommended workplace adjustments and adaptations. It may be appropriate in such an instance to consider options outside the normal procedure.

The Redeployment Policy and Procedure will be explained to the redeployee in the interview and the redeployee will complete and sign a Corporate Redeployment Details form with the Human Resource Officer, as attached at Appendix A.

Following the interview the redeployee will receive a letter from the Human Resources Officer confirming the interview discussion and a copy of the signed Redeployment Details form.

The redeployee will be placed on the Redeployment Register and be allocated an HR PLC who will make initial contact with the redeployee to introduce themselves and describe their role within the redeployment process.

The Manager will provide appropriate counselling, guidance, support and training to each redeployee, involving the PLC if necessary throughout the redeployment period.

2.Redeployment Register

The PLC will conduct weekly job searches on the recruitment website according to the search criteria provided by the redeployee on the Corporate Redeployment Details form and make contact with the redeployee to discuss job searches and potential suitability of any vacancies identified

Where a redeployee applies for a vacancy, the Manager will only receive the redeployment applications alongside all other applications at the point of vacancy closedown. Managers will be made aware of any redeployment applications to ensure applications are given priority consideration. Managers will consider the redeployee’s suitability for the post using the employee specification. Any redeployee, who has the potential to be trained to carry out the duties of the post in a reasonable time, must be shortlisted and interviewed prior to shortlisting any other candidates. Redeployees may only be rejected where they do not possess a criterion from the employee specification which is critical to perform the duties of the post eg do not possess a driving license where driving is an essential part of the role. Where the Manager recruiting does not consider the redeployee suitable for the vacancy they must consult with the PLC who will seek advice from the Human Resources Officer. The PLC will then advise the employee of the outcome.

To maximise opportunities for redeployment in the case of potential ill-health dismissal or as a possible reasonable adjustment in the case of disability, an employee may be placed on the Redeployment Register (if possible for a period of up to three months excluding the notice period, providing that economic and operational requirements allow for this) before notice is served. This will be assessed on a case by case basis. Redeployment will continue to be sought during the notice period.

If possible, employment for the redeployee will be provided whilst redeployment is being sought. Availability and type of temporary employment will be dependent on the redeployee's health in those cases where redeployment is because of ill health/disability. The cost of temporary employment will be borne by the substantive employing Directorate.

In the case of employees who have been subjected to substantiated personal harassment/bullying and who prefer to transfer their place of work, the length of time on the Redeployment Register will be at the discretion of the Human Resources Officer (if possible for a period of up to three months providing that economic and operational requirements allow for this).

Redeployees will be given reasonable time off with pay to attend interviews, training and other meetings.

3.Suitable Alternative Work

Whether alternative work may be considered suitable depends on a number of factors and may include the following, although the list is not exhaustive:

· Pay

· Status

· Location

· Working Environment

· Hours of Work

Where redeployment is due to ill health/disability medical information/recommendations will also be a factor.

4.Interviewing Redeployees

Managers will inform the PLC of the details of any interview where a redeployee on the Register is to be considered.

Redeployees should be interviewed in advance of the normal recruitment and selection process. This may mean halting a selection process already begun. In exceptional circumstances the redeployee may be interviewed at the same time as other candidates. A HR representative may attend any interview where a redeployee is to be considered for a vacant post.

The interviewing Manager will inform the PLC of any redeployee on the Register whom they have successfully redeployed. The interviewing Manager will also contact the PLC (initially orally and followed up in writing) in those cases where a redeployee is not offered an appointment. The Manager will discuss the decision fully with the PLC who will seek further advice from the Human Resources Officer prior to informing the redeployee of the outcome. The interviewing panel must find the redeployee ‘totally unsuitable’ for the vacant post, ie unable to be trained within a reasonable period to meet the minimum criteria, and demonstrate to the relevant HR representative that this is the case, detailing the reasons in writing. Where a difference of opinion on suitability occurs, consideration must be given to offering the appointment on a four week trial basis.

5.Offer of Alternative Employment

An offer of alternative employment will be made in writing, even where the offer is likely to be rejected. The offer will show how the new employment differs from the old and will be made before the termination date. The new job must start before or immediately after the end of the old job without a break in service.

Employees who unreasonably refuse an offer of suitable alternative employment may lose any entitlement to redundancy pay where a redundancy situation exists. Unreasonable refusal may arise where the differences between the new and old jobs are negligible or where the employee assumes rather than investigates the changes that a new job might involve, for example, travelling time and the Council’s mobility clause or working conditions. Refusal may be reasonable if the new job would cause domestic upheaval, for example, if there was a considerable change in working hours or a need to move house. It is advisable in making decisions about redeployment that employees understand that other suitable vacancies may not arise before their termination date.

6.Trial Periods

Any employee redeployed into another post will have a trial period of four weeks to ascertain whether they wish to accept the post where the terms and conditions of the new contract differ significantly from the original contract. The trial period will commence as soon as can practicably be arranged before or when the original contract ends and will not affect entitlement to a redundancy payment (where this is on offer).

The trial period may be extended for retraining purposes by an agreement. This must be in writing, specify the date on which the trial period ends and set out the employee’s terms and conditions once it ends. An extension may also be an appropriate reasonable adjustment in the case of disability and should also be agreed by both parties, in writing, with a specified end date. Where both employee and Manager agree in writing, the trial period can be waived.

If the post which redeployment is sought into has greater hours than the substantive post, any increase in costs during the work trial will be borne by the Manager of the redeployment post. If the redeployment post is less hours or a lower salary, the employee will continue to receive the higher salary of their substantive post for the duration of the trial period.

Managers will undertake an employee development review within the first week to ensure the immediate training needs of the new post are addressed.

The trial period will also be used to assess the employee’s suitability for the post. The PLC in consultation with the Human Resources Officer and the Line Manager will monitor the redeployee through the trial period on a weekly basis. The monitoring will allow any problem areas to be identified and remedial action put in place in order that the trial period can be effective. A written record of the monitoring will be kept by the Manager.

During the trial period should the Council decide to end the contract within the new job, any entitlement to a redundancy payment under the old contract will remain. If the dismissal is due to a reason unconnected with the redundancy, such as a disciplinary matter, the employee may lose their entitlement to a redundancy payment.

Any revision of the date of termination or extension of employment beyond the original termination date, should be for a specific short term period, and should not exceed six months.

The effect of accepting temporary work of six months or more, either by one temporary/fixed term contract or a continuation of temporary/fixed term contracts, will result in the employee being deemed to have accepted the temporary/fixed term employment as alternative employment. Any redundancy payment, to which the employee is entitled, will be based on the pay in the alternative post and not in the original redundant post.

Any agreed extension of employment either in the original post or arising from the acceptance of a temporary contract of less than six months is to be regarded as an extension of the notice provision for termination of employment purposes and the employee will not be entitled to a further period of notice, but will be reissued with a revised date of notice, if this extension exceeds their period of contractual notice. If the redeployment is not suitable the employment will then terminate at the end of the trial period.

Throughout the trial period the substantive Manager is required to maintain communication with the host Manager as the member of staff remains the employee of the substantive Manager throughout the trial period. Only once the trial period has been successfully completed will the employee be transferred into the new post.

7.Support for Guidance for Redeployees

Redeployees will be assigned a representative from the HR Advice Centre as a PLC.

The PLC will contact the individual within 48 hours via telephone, email or letter. During the first contact the PLC will introduce themselves, providing contact details (e-mail, telephone etc) and provide an outline of the redeployment process. This will include explaining about the redeployment process and offering assistance with the Council’s online application process. The PLC will then send an e-mail containing a link to the recruitment website.

The PLC will also:

· discuss the redeployee’s individual circumstances and assist, if necessary, in the completion of job application forms;

· conduct regular job searches on the recruitment website according to the search criteria provided by the redeployee on the Redeployment Details form and make contact with the redeployee to discuss job searches and potential suitability of any vacancies identified;

· arrange support for redeployees in terms of assessing skills and experience, signposting to available training;

· discuss with a redeployee the circumstances relating to any decision made by them to reject an offer of suitable alternative employment. Subject to the reasons for the rejection, counsel the employee and inform them of the possible consequences of their decisions. The PLC will refer complex cases to the Human Resources Officer immediately.

Redeployees may request their trade union representative or work colleague to attend any meetings or consultations in connection with the application of this procedure.

8.Appeal

Complaints about the application of this procedure must be submitted in writing to the Head of Human Resources and detail the reason for the appeal. The decision will be final.

APPENDIX 1

Details of Employee Seeking Redeployment

Notice Date

Reason for redeployment:

Personal and Contact Details

Name

Payroll number and Pay source

Home Address

Telephone:

Work

Home

Mobile

Home email

Work email

Preferred method of contact for weekly updates on vacancies:

Current Employment Details

Position title

Perm/Temp/Fixed Term

Grade/Salary

Start date of position

Continuous service date

Directorate

Service area

Contracted hours

Workbase

TTF

Allowances

Work pattern

Mon

Tues

Wed

Thurs

Fri

Sat

Sun

No of hours worked

Health issues / Adjustments needed / Additional help or support needed:

Redeployee Work preferences

Acceptable work - please indicate all types of work you would consider and any you would consider unacceptable

Please indicate the minimum salary of positions you would consider

Hours you would consider

Full Time or Part Time or Term Time Only:

Minimum and maximum hours:

Location – Please indicate all locations you wish to consider

Qualifications/Training

Relevant experience

Employee Declaration

I confirm the details above correctly reflect the vacancies I wish to be considered for.

I understand my responsibility to apply for any suitable vacancies that arise.

I will contact HR to amend these preferences if they change during my redeployment period.

Employee Signature:

Date:

Redeployee Job Search Criteria - To Be Completed by HR Officer

Name of Redeployee:

Name of HR Officer completing form:

Please indicate below the criteria to be used for the job search for this redeployee - based on your discussion of preferences with them and your judgement on whether to broaden the search criteria beyond these preferences.

The options below reflect the search options on the Council’s recruitment website

Type of work

Administrative/Clerical

School Support

Libraries and Museums

Apprenticeships

Teaching

Policy/Research and Comms

Care/Social Work

Engineering/Transport/Construction

Procurement/Property

Caretaking/Cleaning

Environment/Recycling/Refuse

Project Work

Catering

Finance

Registration Services

Economic Development

Housing/Environmental Health

Safety Services

Education - Adults

Human Resources

Senior management

Head Teacher

Legal/Planning/Architects

Sport, Leisure and Tourism

Youth Work

IT

Asset Strategy

Minimum salary – please write in for non-NJC employees

Grade 1 / £17,364

Grade 7 / £23,836

Grade 13 / £42,683

Grade 2 / £17,711

Grade 8 / £26,317

Grade 14 / £45,591

Grade 3 / £18,065

Grade 9 / £28,785

Grade 15 / £49,591

Grade 4 / £18,795

Grade 10 / £32,029

Grade 16 / £53,494

Grade 5 / £19,171

Grade 11 / £34,788

Grade 17 / £56,488

Grade 6 / £21,166

Grade 12 / £38,813

Locations

Anlaby

Gilberdyke

Hornsea

North Ferriby

South Cave

Beverley

Goole

Howden

North Lincolnshire

Stamford Bridge

Bridlington

Hedon

Hull

Pocklington

Swanland

Brough

Hessle

Hutton Cranswick

Preston

Welton

Cottingham

Holderness

Kirk Ella

Sewerby

Willerby

Driffield

Holme on Spalding Moor

Market Weighton

Sigglesthorne

Withernsea

Flamborough

Home working

North Cave

Skirlaugh

If you wish to request additional options to be added to the recruitment website search, please contact Hannah Bullamore / Elaine Bates.