C24 - Change Management Policy - West London Mental Health ...

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Change affecting job securityChanges that may affect job security, resulting in potential job losses orredeployments include:• Organisational reorganisations, restructures or mergers• Reductions in, or discontinuations of, specific areas of work• Major changes to working practices or contractual termsChange across organisational boundariesWhere organisational changes require staff to be transferred from one employer toanother, the Transfer of Undertakings (Protection of Employment) Regulations,(TUPE), and subsequent amendments, will apply.Under these arrangements, the employees’ continuity of employment will bepreserved, along with all their contractual terms and conditions of employment andany collective agreements that apply.4.0 PRINCIPLES4.1 All organisation change processes that might impact on job security for any affectedstaff will be the subject of formal consultation and regular communication with staffand their Trade Union or professional association representatives. Staff will beactively encouraged to seek advice and support from their representatives.4.2 All major change processes must go through an equality impact assessment [EIA],to see if the change proposed, has a differential impact for staff that haveprotected characteristics, as defined by the Equality Act 2010. The themes thathave arisen as a result of the EIA should be highlighted within the consultation, sothat staff have an opportunity to respond to these trends, and raise any otherdiversity concerns that they may have. The EIA must be approved by the DiversityUnit before consultation. Please use the Equality Impact Assessment tool attachedat appendix 2.4.3 Consultation with staff and representatives will take place at the earliest opportunityand will provide opportunity for full contribution towards discussions. Adequate timewill be given in which to respond and feedback to be given. All reasonable effortswill be made to consult with staff away from work on extended leave (e.g. maternityleave, sick leave).4.4 Where reductions in staffing levels are necessary, the Trust will take all reasonablesteps to redeploy staff to suitable alternative employment and avoid redundancies.4.5 The Trust will seek to maximise the opportunities for existing staff to apply for postsin the new structure, giving prior consideration to existing post holders.4.6 Where job losses may result, the statutory requirements for disclosure ofinformation and notification to Trades Unions and the Department for Trade andIndustry will apply.4.7 Following formal consultation, a clear implementation plan will be communicated toall affected parties. Staff will be offered one-to-one meetings to discuss thepersonal impacts of the change/s.West London Mental Health NHS Trust Page 6 of 14Policy C24 First Date of Issue: 9 th May 2012 This is current version C24/05 May 2013Page 6 of 23
4.8 The Trust will provide support to staff from Occupational Health, Staff SupportServices and HR representatives. Access to Trade Union and/or professionalassociation representatives will also be made available.4.9 Staff of all grades who have left the employment of the Trust on redundancy orearly retirement (whether voluntary or compulsory) will not normally be re-employedby the Trust in either a substantive, bank or agency capacity. Exceptions may bemade where there is an urgent requirement for staff with particular skills andexperience and there are compelling service and cost benefits to re-employing suchstaff. Such arrangements will need to be of a fixed term nature (normally no longerthan 6 months) and will need to be approved by the appropriate director.5.0 CONSULTATION REQUIREMENTS5.1 Ongoing Minor Change - where such changes are required, the reasons for thesewill be discussed with staff and they will be given the opportunity to state their viewsand suggest any alternative solutions as part of a localised, informal consultationprocess. Training will be provided where necessary to equip staff with any newknowledge or skills they may require. Affected individuals will be given reasonablenotice of the change and be supported, as far as practical, to adapt to the new wayof working. Further information is given in the Organisation Change Procedure(appendix 1).5.2 Changes affecting job security – a more formalised consultation process will takeplace in such situations, including formal notification to, and engagement with, localTrade Union representatives. Prior to the commencement of consultation, suchchanges must be supported by a business case agreed by the Trust ExecutiveManagement Team. The ensuing steps and timescales for consultation are laid outin the Organisation Change Procedure (Appendix 1).The minimum requirements for formal consultation where redundancies are plannedare as follows:• 90 days before the first redundancy is to be effected where it is proposed todismiss 100 or more staff within a 90 day period or less• 30 days before the first redundancy is to be effected where it is proposed todismiss between 20 and 99 staff (inclusive), within a 90 day period or less• Where fewer than 20 staff are to be dismissed there is no legal time limit withinwhich formal consultation must be carried out. However, consultation mustbegin at the earliest opportunity (as soon as serious consideration is given toany potential redundancies).5.3 Change across organisational boundaries (TUPE)There is no legal minimum period for formal consultation where a Transfer ofUndertakings is proposed, however consultation must be meaningful and allowsufficient time for staff and representatives to consider the proposals.The Trust is committed to ensuring that it will negotiate with other providers toensure that the TUPE regulations are applied where areas of service aretransferred and the Transfer is deemed to be covered by the regulations.West London Mental Health NHS Trust Page 7 of 14Policy C24 First Date of Issue: 9 th May 2012 This is current version C24/05 May 2013Page 7 of 23
Page 1 and 2: Policy: C24Organisation Change Poli
Page 3 and 4: Version Control SheetVersion Date T
Page 5: 1.0 INTRODUCTION - POLICY STATEMENT
Page 9 and 10: 8.0 MONITORING8.1 In line with NHS
Page 11 and 12: 2.0 REDEPLOYMENT / SUITABLE ALTERNA
Page 13 and 14: At the end of the protection period
Page 15 and 16: 3.9 The entitlements to redundancy
Page 17 and 18: Race P N Significant Slight NoneRel
Page 19 and 20: Equality Impact Assessments (EIAs)
Page 21 and 22: • Additional costs incurred.Prote
Page 23: Approved by Diversity UnitDate:Plea

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