What happens if a service needs to be restructured?
Managers should approach the Workforce Transformation team to discuss the restructuring proposals in detail. Once the proposals are finalised, members of staff will be invited to attend a consultation meeting in accordance with the transitional organisational and workforce change procedure.
What if there are fewer roles in the restructured service?
If there are fewer roles within the new structure then a fair selection process will have to take place, this would include competitive interviews where appropriate.
Any member of staff placed ‘at risk’ following the fair selection process will be supported through the Trust redeployment process.
When is a member of staff entitled to redundancy?
A member of staff is entitled to redundancy when they have two or more years NHS continuous service.
What is the process if a member of staff has been identified as ‘at risk’?
Staff will be at risk of redundancy if their post is no longer required at the Trust or there is a reduction in the number of posts in the proposed new structure and they may not be successful in securing a post during the subsequent selection process.
Staff identified as at ‘at risk’ will meet with the appropriate manager, HR and staff side representative or work colleague, to discuss the next steps to identify a suitable alternative role.
At the meeting, the member of staff will be issued with a formal redundancy notice and the search for suitable alternative employment will take place over eight weeks. This will run in parallel with the individual’s notice period or longer should the individual’s contractual notice exceed eight weeks.
Staff identified as ‘at risk’ will be given prior consideration for vacancies that arise for the eight week period, it is important to note that being placed ‘at risk’ and under notice of dismissal by reason of redundancy does not mean that a member of staff will automatically be redundant.
If a suitable alternative role is not identified during the redeployment/notice period the member of staff will be dismissed by redundancy at the end of their notice period.
Can a pregnant employee on maternity leave be made redundant?
Staff members on maternity leave can initially be treated the same as the other members of staff in the pool for selection for redundancy.
Members of staff must not be selected for redundancy for a reason connected to their pregnancy, the birth of their child or maternity leave. If you do not establish a fair reason for the member of staffs’ dismissal, you may face an unfair dismissal and sex discrimination claim, irrespective of the member of staffs’ length of service.
If a member of staff on maternity leave is selected for redundancy, special provisions offering alternative employment apply to protect them.
What is the process if a role has been ‘ring-fenced’ to a member of staff as part of a restructure?
If it is only one member of staff they may be slotted into the ring fenced role dependent on the similarity of the role. If the role is significantly different a four week trial period will take place to ascertain if it is suitable.
A competitive interview process will take place if there is more than one suitable member of staff ‘at risk’.
