Redeployment Policy and Procedure

General Note

NHS Fife acknowledges and agrees with the importance of regular and timely review of policy/procedure statements and aims to review policies within the timescales set out.

New policies/procedures will be subject to a review date of no more than 1 year from the date of first issue.

Reviewed policies/procedures will have a review date set that is relevant to the content (advised by the author) but will be no longer than 3 years.

If a policy/procedure is past its review date then the content will remain extant until such time as the policy/procedure review is complete and the new version published, or there are national policy or legislative changes.

1. FUNCTION

From time to time, whether as a result of displacement due to organisational change, or following application of formal processes relating to capability (whether due to ill health or performance), or in advance of the non renewal of a fixed term contract upon expiry redeployment will be required. For the avoidance of a Transfer of Undertakings (Protection of Employment) Regulation commonly known as TUPE, which provides rights and protection for staff as part of the transfer consideration will also have to be given to exploration of suitable alternative employment through redeployment.

The purpose of this policy is to ensure a fair and consistent approach to the process of exploring suitable alternative employment (i.e. redeployment) for all employees who are identified as being ‘displaced’ or fall into the criteria also.

NHS Fife is committed to preserving security of employment for its employees and recognises that, beyond compliance with legislation and national policy, there are clear organisational benefits to adopting such a process. Where individuals are able to be successfully redeployed, this serves to retain the valuable knowledge, skills and experience of affected staff within NHS Fife, which would otherwise have been lost if employment ended. It also serves to further a positive staff experience, which in turn will assist NHS Fife in achieving and maintaining exemplar employer status.

This policy has been developed in partnership with local trade union/professional organisation representatives. It meets the minimum standards set out within the Redeployment within NHS Scotland Partnership Information Network (PIN) Policy, and reflects relevant current employment legislation.

‘Redeployment’ is the process of securing suitable alternative employment for an employee who it is identified will be displaced, at a stated future date, from their post as a result of organisational change, or, following application of formal processes relating to capability (whether due to ill health or performance), or, in advance of the non renewal of a fixed term contract upon expiry or the avoidance of a Transfer of Undertakings (Protection of Employment Regulations commonly known as TUPE, which provides rights and protection for staff as part of the transfer. It is, however, recognised that there may be other circumstances where NHS Fife determines that redeployment may be appropriate.

‘Displaced’ means that there is no longer a need for a post, or, that the particular skills or experience of a post holder are no longer required, or, that the employee is unable to undertake the duties of the post.

This policy applies to all affected employees of NHS Fife from the point at which it is identified that they will be ‘displaced’, although the process by which employees access redeployment may vary, and individual employee entitlements within this may differ, depending on the grounds upon which they have been displaced. For ease of reference, however, this policy will refer to ‘displaced employees’.

2. SCOPE

This policy applies to all employees of NHS Fife who hold substantive posts or who have held a fixed term contract (or multiple fixed term contracts) continuously for two years or more.

3. RESPONSIBILITY

The responsibility for the application of the policy rests with Line Managers and HR staff within NHS Fife.

4. OPERATIONAL SYSTEM

4.1 This policy will ensure that displaced employees are dealt with in a non-discriminatory, fair and consistent manner, with regard to exploration of suitable alternative employment opportunities.

In order to achieve this aim, the following principles and values apply:

• This policy will be appropriately communicated to all employees and will be made readily accessible to them.
• Suitable alternative employment opportunities will be sought for all displaced employees.
• There will be no unreasonable delay in commencing this process. No vacancy will be opened to applications externally or from within the wider internal workforce until it is established that it does not present a suitable alternative role for a displaced employee. However, it should be noted, that the purpose of redeployment is to preserve employment. As such, exploration of suitable alternative employment opportunities will ordinarily only involve posts at the same or lower pay band/grade as the post from which the affected employee was displaced. Consideration should also be given to local Organisational Change policies and procedures including protection.
• Decisions in relation to suitable alternative employment opportunities will be made objectively and without prejudice. A decision not to appoint must be based on evidence, which will withstand objective scrutiny, that the individual does not meet the identified essential criteria required for the role and would be unlikely to be able to do so following reasonable training and support. While there may be instances requiring prioritisation and/or a competitive selection process where more than one employee is identified as a potential match, suitable alternative employment opportunities will not otherwise be unreasonably withheld or refused.
• Displaced employees will be made aware of their rights and responsibilities in relation to the process, including their right of recourse should they consider that a suitable alternative employment opportunity has been unreasonably withheld or refused.
• Displaced employees will receive appropriate organisational support during the period in which suitable alternative employment is being explored (including access to reasonable learning and development opportunities) in order that they are more fully equipped to explore all potential suitable alternative employment opportunities.
• Joint training on the policy will be provided for managers and trade union/professional organisation representatives using a partnership model, in order to ensure that all relevant staff are sufficiently skilled and competent in implementing the procedure.
• The redeployment process will be centrally coordinated by NHS Fife HR Directorate in order to ensure that it is efficiently, effectively and fairly managed. Annex B will be a tool used to source feedback.
• Appropriate HR advice will be available to managers involved in implementing the process.
• This policy will be subject to ongoing monitoring to ensure that it is being fairly and consistently applied and that the stated principles and values are being met. The policy will be subject to regular review, in partnership, to ensure that any new standards and/or structures are incorporated when necessary and that it remains fit for purpose.

ROLES & RESPONSIBILITIES

SUMMARY

This guidance document is to allow those involved in the redeployment of displaced employees to understand their roles and responsibilities.

The following paragraphs outline the specific roles and responsibilities of the individuals involved in the redeployment process.

REDEPLOYMENT GROUP

This group will meet weekly and comprises the Chair (Senior HR Manager), Employee Director or nominated staff side representative, Recruitment Officer and representatives from the Acute Services Division and NHS Fife Community Services, East, West and Fife-Wide. Other members may be remitted to join the group as appropriate.

The remit of the group is to oversee and co-ordinate the Redeployment process within NHS Fife. This will include approval of the posts identified for redeployment purposes by the Redeployment Review Panel and any Issues of principle which require to be adopted in respect of the implementation of the Redeployment Policy. The final decision lies with the Chair of the Redeployment Group.

RECRUITMENT OFFICER

The Recruitment Officer is responsible for ensuring that all vacancies are considered for redeployment purposes and that the recruiting manager is informed by email if one of their vacancies is designated as suitable to be considered for a member of staff who is on the redeployment register. The Recruitment Officer will also maintain displaced employees redeployment records as well as maintaining a database for Redeployment tracking.

The Recruitment Officer is responsible for co-ordinating the redeployment process and maintaining an overview of the Redeployment Register ensuring that it is kept up to date. The register will detail all displaced employees, key milestone dates and details of any offers of suitable alternative employment made.

The Recruitment Officer provides additional support to the line manager, the displaced employee and Human Resources staff through co-ordination of the process.

DISPLACED EMPLOYEES WILL:

• Ensure that they are aware of both their rights and responsibilities under this policy, and that they seek further guidance if unclear.
• Ensure that they fully engage with the redeployment process, particularly with regard to any potentially suitable alternative roles to which they are matched.
• Ensure that they fully engage with any relevant training and development programmes that are integral to any role that they subsequently accept.
• Ensure that any concerns/issues are raised as soon as possible during any trial period, in order to enable early discussion and with a view to potential resolution.
• Displaced employees being considered for redeployment are required to work with their line manager and the Human Resources Officer to identify suitable redeployment opportunities.
• Displaced employees will ensure that a Redeployment Questionnaire is completed fully (within 10 working days of their receipt of the questionnaire and being formally advised that they are in a redeployment situation). Completion of the questionnaire supports the search for and identification of potential suitable alternative posts, failure to supply a completed questionnaire within the timescale stated will impact upon the redeployment process. Displaced staff will also be expected to check the NHS Fife Vacancy Bulletin regularly and bring to the attention of their Human Resources Officer, where it is deemed appropriate, any vacant posts that may offer suitable alternative employment.
• The displaced employee will also make their line manager or Human Resources Officer aware of their current contact details at all times during the process. They will also be required not to unreasonably refuse suitable alternative employment opportunities. Where additional support is required a displaced employee may seek additional support through self referral to Staff Wellbeing & Safety.
• If a displaced employee disagrees with the basic skills match this should be provided in writing to the relevant HR Officer. The Senior Human Resources Manager will make the final decision on the rationale provided on behalf of NHS Fife.

MANAGERS OF DISPLACED EMPLOYEES WILL:

• Ensure that, in discussion with the displaced employee, the employee receives, where possible, appropriate training and development opportunities in order to widen the scope of potential suitable alternative vacancies.
• Ensure that displaced employees are made aware of their rights and responsibilities under this policy, and that they comply with those responsibilities.
• Ensure that they are fully aware of and comply with their own responsibilities under this policy, including ensuring that there is no unreasonable delay in enabling displaced employees access to the provisions of the policy, and that they provide regular contact and support to them whilst suitable alternative employment is being explored.
• Ensure that they seek advice from HR (including the redeployment coordinator) where necessary and appropriate when dealing with redeployment issues.
• The line manager will meet with the employee to confirm their displacement and support the completion of the redeployment questionnaire and ensure that this is completed within 10 working days of the employee being issued with the questionnaire and formally advised that they are in a redeployment situation. The line manager will maintain regular contact with the displaced employee ensuring appropriate written confirmation of decisions are communicated. They are also responsible for ensuring that the KSF process is maintained throughout this period carrying our Personal Development Planning as required. The line manager will retain full responsibility for the employee until completion of the redeployment process.

MANAGERS RECRUITING TO A VACANCY WILL:

• Ensure that they are fully aware of and comply with their responsibilities under this policy, including ensuring that displaced employees matched to such a vacancy are considered objectively and without prejudice and not unreasonably refused appointment, and that any concerns/issues arising during any subsequent trial period are raised as soon as possible in order to enable early discussion and with a view to potential resolution.
• Ensure that they seek advice from HR (including the redeployment coordinator) where necessary and appropriate when dealing with redeployment issues.
• Recruiting managers must always give priority to displaced candidates. Where a decision is taken not to appoint a displaced candidate to a vacant post, a clear robust rationale must be provided in writing to the Human Resources Officer involved. Where it is considered that the reason provided for non-appointment is unreasonable the HR Officer will discuss the circumstances with the Senior Human Resources Manager who will make the final decision on behalf of NHS Fife providing written reasons to the candidate. If the decision is that the employee be appointed to the available post the HR Officer will advise the manager that they must appoint the displaced employee.
• It is the recruiting manager’s responsibility to explore the potential of all vacancies which may offer suitable alternative employment to a displaced employee, any such vacancies must be brought to the attention of the relevant HR Officer.

TRADE UNIONS / PROFESSIONAL ORGANISATIONS WILL:

• In partnership with NHS Fife, agree a redeployment policy which meets the minimum standards set out within the Redeployment within NHS Scotland Partnership Information Network (PIN) Policy, and reflects relevant current employment legislation.
• Work in partnership with NHS Fife to develop joint training as part of the implementation of this policy, and participate in such joint training.
• Be involved in any organisational change process at the earliest opportunity including the formulation of plans, which could lead to organisational change. Where organisational change is required Trade Unions/Professional Organisations will be involved in determining the process to be used.
• Support their members, including ensuring that their members are aware of their rights and responsibilities under this and other relevant policies and, in particular, ensuring that any concerns/issues are raised as soon as possible in order to enable early discussion and, where possible facilitate early resolution.
• Participate in partnership monitoring, evaluation and review of this policy.
• The staff side representative, as appropriate, will be responsible for representing the displaced employee at all appropriate stages of the redeployment process excluding any recruitment interviews.

HUMAN RESOURCES OFFICER

The relevant Human Resources Officer is required to work with the Recruitment Officer, line managers and displaced employees to support the redeployment process. The Human Resources Officer will also be responsible for monitoring that a fully completed Redeployment Questionnaire has been received within 10 working days of the employee being issued with the questionnaire and formally advised that they are in a redeployment situation. The Human Resources Officer provides the link between the Recruitment Officer, Redeployment Group, Line Manager, Recruiting Manager and displaced employees. The Human Resources Officer will ensure that at all stages of the redeployment process formal written notification is communicated to the displaced employee. They will also ensure that the Recruitment Officer is kept informed of each case.

The Human Resources Officer will ensure that the displaced employee is kept fully informed throughout the redeployment process: this will include formal written notice of date of displacement, redeployment period and posts which have been explored through redeployment. The Human Resources Officer will also be responsible for communicating with both the line manager with responsibility for the potential vacancy and the substantive line manager to ensure that allparties are involved and aware of the details of the progression of a potential redeployment situation.

Where possible, the Manager and Human Resources Officer will endeavour to provide displaced employees with suitable redeployment opportunities during the redeployment period. This will include the offer of redeployment into temporary positions where this will assist in the search for a permanent redeployment opportunity or where NHS Fife considers the temporary arrangements to be an appropriate use of the individual’s skills and experience.

The Human Resources Officer is responsible in the first instance for resolving any dispute relating to the interpretation and implementation of the redeployment policy and procedure, keeping the Recruitment Officer informed. In circumstances where there is a dispute which cannot be resolved, the Human Resources Officer will involve the Senior Human Resources Manager who will make the final decision on the issue on behalf of NHS Fife.

Individual HR Officers will be responsible for recording and maintaining the redeployment register which includes the details of all displaced employees, key milestone dates and details of any offers of suitable employment made, including the rationales if persons are deemed not suitable. The Recruitment Officer will maintain an overview of the redeployment register and request updates as required.

HR Directorate will:

• Develop and deliver, in partnership, training on this policy for managers and trade unions/professional organisation representatives.
• Advise managers on the correct implementation of this policy.
• Support displaced employees by providing advice on this policy.
• Facilitate training and development opportunities for displaced employees, where possible, in order to widen the scope of potential suitable alternative vacancies (although it should be noted that both the displaced employee and their line manager have a clear role in this regard).
• Ensure that no vacancy is opened to applications externally or from within the wider internal workforce until it is established that it does not present a suitable alternative employment opportunity for a displaced employee.
• Ensure that displaced employees have fully completed the Redeployment Questionnaire.
• Liaise with managers recruiting to a vacancy in order to ensure that displaced employees are appropriately matched.
• Ensure that displaced employees matched to vacancies are appropriately prioritised based on the reason for their displacement.
• Ensure that refusal by a manager to appoint a displaced employee to an identified potential match is reasonable and stands up to objective scrutiny.
• Liaise with key stakeholders on any required employment decisions where redeployment has not proven successful.
• Collate appropriate information to inform the monitoring and evaluation of this policy.

Staff Wellbeing & Safety will:

• Provide timely and comprehensive guidance, where sought as necessary and appropriate, to support the process of identifying suitable alternative employment.

STAFF WELLBEING & SAFETY

Before a recommendation is made to redeploy an employee for reasons of capability due to ill health or disability reasons, Staff Wellbeing & Safety will collect all medical information required to identify whether or not the employee is fit to return to their current role. Once they have reached a conclusion, they will advise the employee and the Line Manager accordingly.

This process may involve communication with GPs, Specialists and other relevant clinicians. Staff Wellbeing & Safety will also provide medical advice on what tasks it will be possible for the employee to undertake, which posts the employee may be considered for and any reasonable changes required to be made to the post, or the work place, to assist the employee to undertake that role. Staff Wellbeing & Safety may conduct a health assessment of the proposed new/redeployed role and the employee’s ability to perform the role, prior to an offer of appointment being confirmed. The decision to deploy a member of staff however remains the responsibility of NHS Fife.

6. PROCEDURE

6.1 Right to be Accompanied

Displaced employees have a right to be accompanied by a trade union/professional organisation representative or a work colleague at meetings being held under the procedure outlined below, with the exception of the recruitment interview stage.

6.2 Specific Conditions

As outlined above, whilst this policy applies to all affected employees of NHS Fife from the point at which it is identified that they will be ‘displaced’, the process by which employees access redeployment may vary, and individual employee entitlements within this may differ, depending on the grounds upon which they have been displaced. As such, this procedure should be read alongside the subsequent section on specific conditions which apply in relation to each of the grounds upon which employees may be displaced.

The process of redeployment will continue to take place even if a displaced employee is absent from work. This will include all types of absence including sick leave or maternity leave and where individuals have been served notice to terminate their contract of employment.

6.3 Assessment

Before accessing redeployment, consideration requires to be given to the likelihood of a suitable alternative role arising within a reasonable period of time. If it can be clearly demonstrated that this will not be the case, a decision may need to be taken to convene a meeting to consider termination of employment in line with the relevant NHS Fife policy.

Access Period

Access to redeployment should be limited to three months in the first instance. Following this the position should be reviewed with the option of extending the access period, depending on whether suitable employment opportunities have arisen, or are likely to arise within the immediate period thereafter.

• For staff displaced as a result of Capability, including Ill Health issues the redeployment period will last for a period of 3 months.
• Staff displaced as a result of Organisational Change will remain on the redeployment register until they are redeployed. In circumstances where an individual member of staff has unreasonable refused suitable alternative employment they will be removed from the redeployment register. In these circumstances the individual’s contract of employment will be terminated without the right to be considered for redundancy. It is hoped that through discussions with the displaced employee and their representative that this situation would be exceptional.
• Staff displaced as a result of Organisational Change may be placed in a lower banded post which will attract protection. In these circumstances staff will remain on the redeployment register until such time as a post is found that removes or minimises the need for protection. Staff displaced as a result of capability including ill health issues will not receive protection.
• Excess travel – Organisational Change and Capability

In the circumstances when an employee is redeployed they would be entitled to excess travel for a period of 4 years. Costs incurred will be paid in line with NHS Fife Standing Financial Instructions by the originating department.

On commencement of and during the access period, meetings will take place, as necessary, involving the displaced employee, their trade union/professional organisation representative or work colleague (if they wish to be accompanied), the employee’s line manager, and HR.

These meetings would involve advising the displaced employee of their rights and responsibilities under the policy; completion of the Redeployment Questionnaire; help to understand and consider the transferability of their existing knowledge and skills and exploration of potential training and development opportunities, in order that they are more fully equipped to exploit all potential suitable alternative employment opportunities; and, subsequently, a review of progress in obtaining a suitable alternative role, with a view of reaching a decision at the end of the access period (if no such role had been secured) as to whether it should reasonably be extended. In relation to the Redeployment Questionnaire, the displaced employee should be provided with assistance in its completion.

The decision as to whether to extend the access period will be dependent upon whether suitable alternative employment opportunities have arisen or are likely to arise within the immediate period thereafter. In addition, an extension to the access period may amount to a reasonable adjustment for a disabled employee.

Should a displaced employee consider that a post to which they have been matched is not suitable, they will be required to provide an explanation in writing initially to the relevant HR Officer and if required advice will be sought from the Senior Human Resources Manager. A displaced employee may determine that a post is not suitable upon initial matching, following discussion with the manager recruiting to the vacancy, during any subsequent selection process (if applicable), and during any subsequent trial period. If it is considered that the displaced employee has unreasonably refused suitable alternative employment opportunities to which they have been matched, a decision may need to be taken to convene a meeting to consider termination of employment in line with the relevant NHS Fife Policy.

6.5 Matching

The process of matching should be undertaken in the case of all displaced employees, with the completed Redeployment Questionnaire providing the basis for comparison.

Matching involves:

• A comparison of the essential criteria of posts which arise within NHS Fife (as identified within the person specification/job description) with the knowledge, skills and experience of displaced employees (consideration may also be given to examining Knowledge and Skills Framework (KSF) post outlines and factor levels assigned to posts to aid the matching process). Matching will only involve comparison of applicable vacant posts (i.e. ordinarily only those at the same or lower pay band/grade to the post from which an employee has been displaced. However, if the employee is disabled for the purposes of the Equality Act 2010²⁴consideration may require to be given to vacant posts at a higher pay band/grade).
• Consideration of whether a post is a match in terms of organisational change protection of terms and conditions, where applicable.
• Consideration of the employee’s particular circumstances, particularly in circumstances in which protection of terms and conditions does not apply. In such circumstances, those of any new post will apply. It is therefore important that consideration during the matching process is given, for example, to the minimum pay band/grade, hours of work, and travelling distance which the displaced individual would be willing to consider.

A minimum ‘basic skills match’ exists between the essential requirements of the vacancy (as stated on the person specification) and the current skill level of the individual (based on the redeployment questionnaire).

That after a reasonable period of training, it is estimated that a basic skills match would exist. This should ensure that no excessive delay will occur in the candidate being able to undertake the core duties of this post.

²⁴ http://www.legislation.gov.uk/ukpga/2010/15/contents

In the case of those displaced employees who would be entitled to no detriment protection of terms and conditions of employment, and who, prior to being displaced, possessed special class status in relation to their membership of the NHS Scotland pension scheme, such employees should have the option not to be matched against vacant posts which do not also attract special class status. This option allows the displaced employee to be clear that they may suffer a detriment in this regard.

The redeployment co-ordinator will establish, from amongst those matched, whether any displaced employees take priority over others due to the reasons for which they were displaced or because of any characteristics protected under the Equality Act 2010²⁴.

They will then advise those with the highest priority that they have been matched and pass their details to the manager recruiting to the vacancy (as well as alerting the managers of those employees).

Should an appointment not be made from amongst those with the highest priority, the same process will apply in the case of those with the next level of priority, until either an appointment is made or the process is exhausted.

6.6 Selection decisions

Managers recruiting to a vacancy will be expected to appoint from amongst matched employees unless they can provide a robust case demonstrating that none met the essential criteria of the post, nor were likely to be able to do so following a short period of training and development. It is essential that fair selection processes are undertaken, with individuals being assessed against an agreed person specification/job description.

In most cases, an informal meeting with the Recruiting Manager and Redeployee us arranged to explore suitability. Subject to agreement with HR, a formal selection process may be required in the following circumstances:

• Where a post does not present an exact match and the individual’s suitability for the role is unclear; or
• Where more than one displaced employee is matched to a vacancy at a particular level of priority.

²⁴ http://www.legislation.gov.uk/ukpga/2010/15/contents

Any subsequent offer made will be conditional upon all relevant pre-employment checks, as set out in NHS Fife’s Policy on the use of Disclosures, Rehabilitation of Offenders and Protection from working with Vulnerable groups, developed in line with Safer Pre and Post Employment Checks in NHS Scotland PIN Policy²⁵, having been undertaken satisfactorily. The checks required will be the same as those which would otherwise be required in the case of an existing employee of NHS Fife changing roles within the organisation as a result of having applied via the normal recruitment process, with the exception that references will not normally be required in the case of redeployment.

Unsuccessful candidates will be given written reasons for non appointment on request, in line with good employment practice. Managers recruiting to a vacancy must ensure that displaced employees are made aware of this right.

Where there are no matches from amongst displaced employees, or where managers recruiting to a vacancy have been able to provide a justifiable explanation for non-appointment from amongst those matched, vacancies may be advertised through the formal recruitment process.

6.7 Trial Periods/Retraining

Where displaced employees are appointed to posts via redeployment, a trial period of four weeks will apply in all cases. Such trial periods may be extended by agreement at the outset of the appointment, depending upon the nature of the post and whether additional training and development is required, or, thereafter, by mutual consent. An extension of any trial period may amount to a reasonable adjustment if the employee is disabled for the purposes of the Equality Act 2010²⁴.

Redeployment opportunities will normally be available to employees on a ‘trial period’ basis of normally four weeks. During this period regular reviews will be held with the employee and the recruiting manager. The purpose of the reviews will be to monitor progress and allow both parties to comment on the suitability of the redeployment trial. This may also include consideration of any additional training issues related to the post under trial. If any issues arise during the trial period these should be discussed with HR prior to any action being taken with regard to any changes being made to the trial period arrangements. If it is evident from the outset and agreed by both NHS Fife and the employee that the role is not suitable then, following consultation with the Senior Human Resources Manager, the trial period may cease early.

²⁴ http://www.legislation.gov.uk/ukpga/2010/15/contents

²⁵http://www.scotland.gov.uk/Publications/2014/03/7176

If at any time within the trial period either the recruiting manager or the member of staff indicates that the new post is unsuitable, objective justification must be provided. Employment will normally revert to the original department. It is then the responsibility of the employee’s original line manager to assist in the pursuit of further redeployment as appropriate.

If after or during the trial period, the new post is considered unsuitable the following checks will be required:

• The posts, or elements of the post, are clearly different in nature to that previously held by the employee in the organisation, and if so that any agreed training has taken place.
• Any other factors put forward as relevant by the manager, employee, or Staff Representative have been considered.

If the trial period is confirmed as unsuccessful by the Senior Human Resources Manager Senior Human Resource Manager, the remainder of the redeployment period will continue from the date the trial period ends; the redeployment search will continue until the newly identified cessation date.

Where redeployment has not been successful and there are no further suitable redeployment opportunities it may be necessary to consider dismissal, which may be on the grounds of capability, early retirement or ill health retirement where applicable. The original department will bear the relevant costs. Dismissal would be considered when alternatives have been explored without success and must be through agreement with a Dismissing Officer. The right of appeal would be provided for any dismissal decision.

Employees will retain the pay band/grade of their earlier post during the four week trial period (where the pay band/grade of the new post is lower), reverting to the pay band/grade for the new post (where appropriate) upon satisfactory completion of the trial. Should the trial be extended beyond the four weeks the employee will be paid at the rate of the new post.

6. Temporary Redeployment

Displaced employee(s) may be appointed to temporary posts or temporary working arrangements identified, for developmental purposes or as a holding position in order to retain them in employment whilst the search for a permanent position continues. Displaced employee(s) will remain on the register until the end of the temporary post or for the redeployment period, whichever is longer. Where NHS Fife has determined that an offer of a temporary post is suitable but the displaced employee disagrees where it is considered that reasons provided by the displaced employee are not considered to be reasonable the displaced employee will be required to move to the temporary post upon the start date identified.

Any additional costs associated with supernumerary temporary appointments will be met by the originating department budget. If temporary project work is provided in an alternative department for an interim period, temporary costs will be from the employing department budget. Any costs associated with a trial period will be met by the recruiting department’s budget.

In circumstances in which a permanent employee is matched by NHS Fife to a temporary or fixed term post, they will retain their permanent employment status.

7. Protection of Terms and Conditions of Employment

Staff affected by organisational change may be entitled to protection of terms and conditions as applicable in accordance with NHS Fife’s Organisational Change policy. Relevant protection arrangements will be confirmed on an individual basis. In circumstances where the terms and conditions within the ‘new’ post are improved, the terms and conditions of the new post will be applied. In circumstances where a displaced employee chooses to apply for a post on less favourable Terms and Conditions of Service and is successful then Organisational Change Protection will not apply to the new post.

As pay protection is funded by NHS Fife each case has to be determined dependent upon circumstances. Advice should be sought from the relevant HR Officer.

Protection of terms and conditions of employment (as well as reimbursement of excess travel and relocation expenses), will apply as per national policy, and as detailed within the Redeployment PIN Policy. Where a displaced employee is redeployed to a post where protection does apply, it should be made clear that they will continue to be matched to subsequent vacancies which arise, with ongoing protection being conditional upon acceptance of any future suitable alternative employment offered which presents a more exact match in relation to their protected terms and conditions of employment.

In those circumstances in which pay protection does not apply, and where, as a result, a displaced employee takes up suitable alternative employment but with earnings lower than those prior to being displaced, members of the NHS Scotland pension scheme may be able to preserve their pension benefits at the time of this change, subject to meeting the relevant eligibility criteria (see http://www.sppa.gov.uk).

Where a displaced employee is in receipt of Organisational Change No Detriment Protection and is placed within a post on reduced earnings/hours they will be required to undertake additional hours commensurate with their protected earnings level without additional payment. NHS Fife will continue to seek to redeploy to a suitable post commensurate with their previous protected earnings level should one become available. Should a displaced employee unreasonably refuse to move to such a post or request to remain in the reduced earnings post then their entitlement to Organisational Change Protection will cease.

7. Specific Conditions

Organisational Change

There are two types of redeployment which apply in terms of organisational change:

The first involves circumstances where individuals are displaced as a result of a change in the number or nature of roles required, and where appointment to those resulting roles is by limited competition from amongst affected employees. In such circumstances, the process will be as determined within NHS Fife’s Management of Organisational Change policy.

The second occurs where an individual is displaced in circumstances where there is no such resulting role, or where they have been unsuccessful in securing such a resulting role via the limited competition process. In such a case, they will be ‘displaced as a result or organisational change’ with the process to be followed as defined within this policy.

8. Capability

The process to be followed in reaching a decision to displace an employee due to issues of capability (whether related to attendance or performance), as well as the process to be followed where redeployment proves unsuccessful, is set out within NHS Fife’s Management of Employee Capability and Management of Ill Health policies.

In these circumstances, specific consideration requires to be given when matching as to whether a role is likely to be performed to the required standard and not present a continuing capability concern. If the employee is disabled, consideration will also be given to any reasonable adjustments that could be made to roles to assist in matching them to the displaced employee.

Depending on the nature of the capability issues, Occupational Health advice will require to be sought, both as part of the initial assessment stage of the procedure outlined above (in so far as whether suitable alternative employment should be considered and, if so, any restrictions as to the type of role, or adjustments which would require to be made to a role, in order to ensure suitability, and thereby avoid similar capability issues arising in future), as well as during the subsequent access period where consideration is being given to the suitability of particular posts.

Protection of earnings does not apply to redeployment in the case of capability.

Non renewal of fixed term contract upon expiry

In this case, in line with NHS Fife’s Use of Fixed Term Contracts Policy, there is a requirement for a meeting with the employee, advising of the non renewal of their contract and issuing notice in line with their contract of employment. If the employee has not secured an alternative post prior to the end of their notice period, their employment will be terminated as per that earlier meeting.

The access period for employees displaced as a result of non renewal of a fixed term contract will be for a period no less than the contractual notice period as detailed in the Fixed Term Contracts Policy.

7.4 Other Circumstances

Redeployment in other specific circumstances will be by exception (all other alternatives having been exhausted) and will be determined on an individual case by case basis, ensuring that the principles of fairness and consistency of approach are applied.

8. Grievances

Should a displaced employee consider that a suitable alternative employment opportunity has been unreasonably withheld or refused, or should they have any other concerns in relation to the application of this policy, the matter should be pursued in line with NHS Fife’s Dealing with Employee Grievances Policy.

9. References

NHS Fife Organisational Change Policy
Redeployment PIN (2014)
Employment Rights Act 1996
Equality Act 2010
NHS Fife’s Fixed Term Contracts Policy
Annex A: Redeployment Questionnaire
Annex B: Redeployment Process Evaluation Form
Annex C: Guidance on Matching
Annex D: Guidance on Prioritisation
Annex E: Flowchart

Footnote 1

Redeployment will normally occur as locally as possible, however it is recognized that national arrangements may be required for staff in posts that have senior/particular skills experience. Whilst there are no formal agreements in place for Boards to receive displaced employees from other NHS employers’ arrangements may be made with other Boards to enable staff to be redeployed bet

Related Publications

• HR16 Appendix A (Redeployment Questionnaire)
• HR16 - Annex B (Redeployment Process Evaluation Form)
• HR16 - Annex D (Guidance on Prioritisation)
• HR16 - Annex E (Flowchart)