Retirement and Long Service Recognition 1 - West London Mental ...

give written notice to the employee to confirm this. If the Trust agrees to allow theemployee’s employment to continue for an agreed period, the Trust will give writtennotice to the employee of the length of that period and the date on which theiremployment will end (i.e. their new retirement date).5.4 Following a meeting held in accordance with paragraph 4.2, the Trust will notifythe employee in writing of its decision in relation to the employee’s request within14 days of the date of the meeting.5.5 All notices will be dated.5.6 In exceptional circumstances, if it is not possible to hold a meeting with theemployee within a reasonable period following their request, the Trust willconsider the request without holding a meeting with the employee. In thesecircumstances, a manager with the authority to dismiss will consider anyrepresentations made by the employee in relation to their request. The Trust willnotify the employee of its decision as soon as is reasonably practicable afterconsideration of their request.5.7 If the Trust’s decision is to refuse the employee’s request, the written notificationwill confirm that the Trust wishes the employee to retire and the date on whichthe employee’s dismissal shall take effect. (See appendix 3). The employee willbe given the right of appeal against the Trust’s decision.5.8 If the Trust’s decision is to accept the employee’s request not to retire, theemployee will be given written notice of this as follows:(a)(b)If the employee’s request was for their employment to continueindefinitely, the Trust will confirm that the employee’s employment willcontinue indefinitely.If the employee’s request was for their employment to continue for astated period, the Trust will confirm that this will be the case and willspecify the length of the period or the date on which the employee’semployment will end.6. RIGHT OF APPEAL6.1 The employee will have the right of appeal against the Trust’s decision on thefollowing grounds:(a)(b)That the Trust refused their request to continue working beyond theirintended retirement date, orThe Trust accepted their request, but specified a shorter period for theiremployment to continue than that contained in their request.6.2 The employee’s appeal must be dated and must set out the grounds of appeal.West London Mental Health NHS Trust________________________________________________________Policy R7 Date of Issue: September 2006May be disclosed to patients5

6.3 The employee’s appeal should be received by the Trust within 14 days afternotification of the decision.7. APPEAL MEETING7.1 An appeal meeting will normally be held with the employee within 5 weeks ofreceipt of the appeal. (see appendix 4) . The employee must take all reasonablesteps to attend the appeal meeting. The employee will have the right to beaccompanied at the appeal meeting by a work colleague only.7.2 The Appeal Panel will consist of two Board Members supported by a HumanResources Manager.7.3 Following the appeal meeting, the Trust will notify the employee of its decisionwithin 14 days of the date of the meeting.7.4 All notices will be dated.7.5 In exceptional circumstances, if it is not possible to hold an appeal meeting withthe employee within the timescales referred to in paragraph 6.1, the Trust willconsider the employee’s appeal without holding an appeal meeting. In thesecircumstances, the Trust will consider any representations made by theemployee in relation to their appeal. The Trust will notify the employee of itsdecision as soon as is reasonably practicable after consideration of their appeal.7.6 If the Trust’s decision is to uphold the employee’s appeal, the employee will begiven written notice of this decision as follows:(a)(b)Where the decision is that the employee’s employment will continueindefinitely, the written notice will confirm this.Where the decision is that the employee’s employment will continue for astated period, the written notice will confirm this and will specify the lengthof the period or the date on which the employee’s employment will end.7.7 If the Trust’s decision is to refuse the employee’s appeal and not to permit theemployee to continue working at all, the written notice will confirm that the Trustwishes the employee to retire and the date on which the employee’s dismissalshall take effect. (see appendix 5 ). The employee will have no further right ofappeal.7.8 If the Trust’s decision is to refuse an appeal made under paragraph 7.1(b) above,the written notice will confirm the length of the period that the employee’semployment will continue.7.9 The process of giving at least 6 months notice of retirement and notifying theemployee of the right to request to continue working must be repeated eachtime an employee extends their employment beyond the NRA.West London Mental Health NHS Trust________________________________________________________Policy R7 Date of Issue: September 2006May be disclosed to patients6

8. ISSUES TO TAKE INTO ACCOUNT WHEN CONSIDERINGA REQUEST TO CONTINUE WORKING8.1 The Trust recognises that some employees may wish to request to work beyondthe NRA. Such requests will be given serious consideration as per section 5 ofthis policy and provide the outline reasons for the decision. The following issuesshould be considered before a decision is made;(a) Operational and/or financial impact.(b) Performance and safety.The main age-related concerns, performance and safety, are best assessed bythe staff member’s line manager. If any concerns arise that may be health-relatedthen, as with all other staff, the manager or the individual involved should refer tooccupational health in the usual way. Staff over the age of 65 should not betreated any differently from any other member of staff, and will not need to beassessed by occupational health in order to have their employment extendedor renewed.(c) Current level of job performance.(d) The organisational impact particularly in relation to the opportunities tochange the way the service is delivered and the impact on succession andpromotional opportunities. Should employees have particular expertise orskills which are vital to the organisation a plan should be agreed to ensuremanagement and transfer of this intellectual capital.9. PENSION INFORMATION9.1 All new entrants to the Trust should be given details of the relevant PensionScheme on or before commencement and should be actively encouraged to jointhe scheme.9.2 On going information should be readily available and all staff should be awarehow to access such information either from Payroll or Personnel as appropriate.9.3 Significant changes/developments affecting members of the scheme will benotified to all concerned by means of the Trust’s internal communicationssystem.10. PREPARATION FOR RETIREMENT10.1 The Trust will provide a 2 day retirement courses to which all staffcontemplating retirement within 2 years should be invited.10.2 HR will produce monthly reports of staff aged 64 and over and circulate toWest London Mental Health NHS Trust________________________________________________________Policy R7 Date of Issue: September 2006May be disclosed to patients7

managers10.3 Line Managers should ensure that they are aware of their staff intentions inrelation to retirement.10.4 HR will liaise closely with Line Manager and Heads of Service in order to ensureproper notice is given and any requests are considered in accordance withsection 8 of this policy.10.5 Payroll/HR staff should, on request, obtain statements of service from thePensions Agency.10.6 Wherever possible, employees planning retirement should have the opportunityto vary or reduce their working hours if this is their wish. The employees must befully aware of the implications of such a decision prior to making such a request.12. TYPES OF RETIREMENTNormal Retirement12.1 Scheme members who reach the NRA will be eligible to receive a pension andtax free lump sum based on years of service and final earnings.Ill Health12.2 Current scheme members who become permanently incapable of performingtheir job may be eligible to apply for retirement on grounds of ill health. Adviceshould be sought from Occupational Health and HR.Early Voluntary Retirement12.3 Members of the NHS Pension Scheme may choose to take voluntary earlyretirement at anytime from age 50. A pension and tax free lump sum will bepayable based on years of service and final earnings. However these benefitswill be reduced in order to provide for the additional costs incurred by the longerperiod of payment. Information should be sought by individuals from Payroll /HR.Redundancy12.4 If the Trust decides to declare a post or posts redundant (for an examplefollowing a reorganisation) and no suitable alternative employment can beidentified, immediate pension benefits may be paid to qualifying Schememembers who are aged 50 or over.12.5 Flexible RetirementThe Trust’s Flexible Retirement Scheme provides a range of alternativesavailable for staff as they approach retirement. Simply stopping work and startingWest London Mental Health NHS Trust________________________________________________________Policy R7 Date of Issue: September 2006May be disclosed to patients8

to draw a pension is not the only option. Further details are contained in theTrust’s Work Life Options Scheme.13. RE-EMPLOYMENT AFTER RETIREMENT13.1 Some members of staff may wish to return to work after age retirement. Suchemployees can be considered for any temporary or permanent positionsavailable. Employees may also wish to register their availability to work on abank basis and there is a separate process for this.13.2 Staff who wish to return to work after taking their pension will be issued with afixed term contract which clearly sets out their new terms and conditions ofemployment and confirms that this period of employment should not beconsidered as a continuation of their previous employment.13.3 Members of staff who have retired on grounds of ill health will not normally beoffered re employment. Advice should be sought from the Director of HumanResources who will consult with the Pensions Agency.13.4 Staff who have been given compensation retirement (redundancy) will notnormally be offered re employment. However, the Trust accepts that althoughposts might have become redundant and no long term alternative employmenthas been identified, the post holders may have expertise to offer which might beused on a time limited basis for a specific purpose. This type of arrangementmight occasionally be used as an alternative to the employment of an externalconsultant and could be more cost effective for the organisation. These caseswill be exceptional and advice must always be sought from the Director ofHuman Resources.14. RECOGNITION OF LONG SERVICE14.1 The Trust recognises the contribution made by individual staff of all professionsand occupations towards meeting the objectives of the organisation.14.2 To this end, long serving staff will receive recognition on retirement or when theyleave the Trust by means of a personal letter from the Chairman and a gift asfollows:After 10 years Trust service*After 20 + years Trust service£50.00 vouchers of their choice£100.00 vouchers of their choice14.3 In addition to the above, all long serving retirees will receive a Trust funded buffetlunch if they so wish.(for the purposes of this policy Trust service means services with WLMHT or anyof its predecessor bodies, including Local Authorities it works in partnership with)West London Mental Health NHS Trust________________________________________________________Policy R7 Date of Issue: September 2006May be disclosed to patients9

15. DEATH IN SERVICE15.1 A floral or other appropriate tribute to the value of £50.00 will be sent on behalf ofthe Trust to the funerals of staff who die whilst in employment. Whereverpossible, the Trust will be represented at the service.15.2 A similar tribute will be sent when the Trust is notified of the death of a retiredmember of staff.West London Mental Health NHS Trust________________________________________________________Policy R7 Date of Issue: September 2006May be disclosed to patients10

APPENDIX 1To be sent to all staff giving them 6 months notice of their intended retirement[NOTIFICATION OF PROPOSED RETIREMENT DATE]Dear [name]I note that you will reach the Trust’s Normal Retirement Age (NRA) of 65 on (insertdate).In accordance with the Employment Equality (Age) Regulations 2006, you are entitled tomake a written request to the Trust to work beyond your intended date of retirement. Ifyou wish to pursue this option, you should complete the form below and return the copyof this letter to me no later than three months before (insert date in par1 above i.e.the intended retirement date). Failure to do so will mean that you lose your right tohave your request considered.All requests to continue working beyond the NRA are processed in accordance with thecriteria set out in the Trust Policy on Retirement and Long Service Recognition and acopy is enclosed for your information.The purpose of this letter is to formally give you notice that if you do not make a requestto continue working, or if your request is declined, your intended date of retirement is(same date as in paragraph 1 above) and your contract of employment with the Trustwill be terminated on that date. The reason for dismissal will be retirement. Yourcontractual notice is included in this notice period.If you make a request to continue working, a formal meeting will be arranged to discussthis with you before a final decision is reached. You will have the opportunity to beaccompanied at that meeting by work colleague employed by the Trust. If your requestis declined you will have the right to appeal against this decision.The Trust does provide access to Pre-Retirement Seminars for staff over 50 and Irecommend that, if you have not already attended such a seminar, you contact theLearning and Development Department to book a place on the next available course.West London Mental Health NHS Trust________________________________________________________Policy R7 Date of Issue: September 2006May be disclosed to patients11

In the meantime if you have any queries regarding your retirement please contact yourline manager or the Human Resources Department.Yours sincerelyHead of ServiceI do/do not [please delete as applicable] wish to request to continue working beyond myIntended Retirement Date (IRD). And1. I propose that my employment should continue until ……………….. [pleaseinsert date]; or2. I propose that my employment should continue for a period of ………….[pleaseinsert number] weeks/months/years [please delete as appropriate] after my IRD;or3. I propose that my employment should continue indefinitely.*(please delete the sentence(s) which DO NOT apply to you)This request is made under the Employment Equality (Age) Regulations 2006 schedule6 paragraph 5.۠Signature: __________________________ Date: _________* Please note if the Trust allows an employee to work “indefinitely” this does not mean that it isopen ended, it merely means that an end date has not been specified. As such the Trust would beentitled to give the employee six months notice of their intended retirement date at any stage.West London Mental Health NHS Trust________________________________________________________Policy R7 Date of Issue: September 2006May be disclosed to patients12

APPENDIX 2[INVITATION TO DISCUSS REQUEST NOT TO RETIRE]Dear [name][insert date]Thank you for your letter of [insert date] requesting to work beyond your intended dateof retirement.I am writing to invite you to a meeting on [insert date and time] to be held in [insertdetails of venue] to discuss your request further with you. You are entitled to beaccompanied at this meeting by a work colleague. I should be grateful if you couldconfirm by return whether you are able to attend the meeting on this date.Yours sincerelyHead Of ServiceWest London Mental Health NHS Trust________________________________________________________Policy R7 Date of Issue: September 2006May be disclosed to patients13

APPENDIX 5[LETTER FOLLOWING DECISION IN RELATION TO APPEAL]Dear [name][insert date][Thank you for attending the appeal meeting on [insert date] with [insert names ofother attendees] to discuss your appeal against the Trust’s decision in relation to yourrequest to work beyond your intended date of retirement.]OR[The Trust has now considered the written representations that you have provided insupport of your appeal].I am writing to notify you that [insert details of decision ]. You have no further right ofappeal in relation to the Trust’s decision.[On the above basis your contract of employment with the Trust will terminate on [insertdate] on the basis that you will reach the Trust’s retirement age on [insert date]. I wouldlike to take this opportunity to thank you for your service to the Trust over the years andto wish you a happy retirement.]Yours sincerelyWest London Mental Health NHS Trust________________________________________________________Policy R7 Date of Issue: September 2006May be disclosed to patients16