Appendix 1
Perth and Kinross Council · 1 February 2023
Back to Finance and Resources Committee — 1 February 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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APPENDIX 1 FRAMEWORK FOR MANAGING WORKFORCE CHANGES
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INDEX PAGE NO 1 INTRODUCTION 3 2 PRINCIPLES 4 3 CONSULTATION AND COMMUNICATION 5 4 OPTIONS FOR FILLING POSTS MINOR/NO CHANGE, REGRADING, MATCHING AND RING-FENCED 6 RECRUITMENT 5 REDUNDANCY POLICY 9 6 VOLUNTARY SEVERANCE 17 7 MONITOR AND REVIEW 18 8 GLOSSARY OF TERMS 19 9 APPEALS 20 10 APPENDICES 21 Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 2 of 26
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1 INTRODUCTION 1.1 Perth & Kinross Council has developed strategies for workforce planning and management which aim to develop and retain an agile, flexible and high- performing workforce which is ready to adopt new ways of working and deliver Council services and priorities. 1.2 This Framework will apply as appropriate when undertaking a transformational review, any re-design to the structure or composition of teams, or other initiative which results in the movement of staff within the organisation. 1.3 This framework applies to all employees of Perth & Kinross Council, unless indicated otherwise. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 3 of 26
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2 PRINCIPLES 2.1 This framework is based on the following key principles: The Council is committed to developing a positive culture through employee engagement and involvement as we transform the organisation, implement change and improve efficiency. A culture of innovation, learning and fair work will underpin the Council approach to workforce change, thereby preparing employees for new and flexible ways of working. Employees will be supported during the change process and will be encouraged to develop and contribute to their chosen career pathway. The Council must be able to vary its structure and its workforce composition, in response to changing service needs and priorities, and in order to demonstrate best value. The Council is committed to working with its trade unions and employees in managing change and will promote constructive and open dialogue. All policies and procedures will be based on openness, fairness and equality and be consistent with current employment legislation and the Corporate Equalities Policy. Employee illness, maternity or parental leave, career breaks, grievances etc. will not normally impede implementing change or resourcing new organisational structures; nor will any redundancy situation or voluntary severance, which has been approved by the Council, impede the progression or completion of action under any HR or other Council policy. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 4 of 26
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3 CONSULTATION AND COMMUNICATION 3.1 The specific arrangements for each review or restructure will be developed in relation to the extent of the planned changes and will be agreed through consultation with the relevant trade unions or directly with each affected employee (and their representative where applicable). This will incorporate the individual circumstances of each review while also recognising the need for a structured and consistent approach. 3.2 Preliminary consultation with the trade unions will include the scope of the review, the workgroup affected, and projected timescales. Progress meetings will be agreed as appropriate throughout the review. Once proposals have been prepared for formal consultation the trade unions will be given 21 days to respond, unless agreed otherwise. 3.3 Consultation with the trade unions will be with a view to reaching agreement. Where there is a failure to agree the circumstances will be referred to the Corporate Human Resources Manager for review. 3.4 Consultation about the workgroup affected will include, if applicable, the proposed approach to filling posts and implementing the review or restructure. Where applicable this will also include the proposed approach to fixed term employees and those seconded to the work group. 3.5 Consultation and communication will also take place as appropriate with all affected employees, with a view to receiving feedback and ensuring that affected employees are prepared for change by understanding the rationale and detail of the proposed changes. 3.6 Consultation in relation to redundancy situations can be found in the relevant section within this Framework. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 5 of 26
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4 OPTIONS FOR FILLING POSTS MINOR/NO CHANGE, REGRADING, MATCHING AND RING-FENCED RECRUITMENT 4.1 A mix of options may be appropriate in any review, restructure or redesign of posts. The main options for implementing changes in posts are: MINOR/NO CHANGE 4.2 Applies where the changes required are minor in relation to the grade, and the job profile is essentially the same as the current post. RE-GRADING 4.3 The outcome of a review or restructure may involve the redesign of an existing post. Where the demands have changed significantly, the post should be re-evaluated to determine if there is any impact on grade. The provisions of the relevant job evaluation process will apply (i.e. Single Status Job Evaluation Scheme or Job Sizing for Teaching employees). MATCHING 4.4 Where the new structure has posts which are wholly or predominantly the same as a current post, a job matching process will apply. Matching can be at a higher or lower grade than the existing grade. 4.5 A fair and equitable process for filling posts by matching will be agreed in advance with the recognised trade unions. The matching process will include a comparison of the duties and responsibilities of the current role against those within the job profile for the new post. It may also include the skills, abilities, knowledge and experience of the current post holder(s). 4.6 Where there are sufficient posts for those who are confirmed as a match, these employees will be matched without the need for an interview process. 4.7 Where the number of people confirmed as a match exceeds the available number of posts, then priority interviews will be carried out to determine the best candidate (s). In cases where a match is confirmed and the current post(s) is/are being deleted, the provisions of ring-fenced recruitment will apply. 4.8 Where an employee refuses to be matched and the manager with advice from Human Resources considers the employee does not have reasonable grounds for their refusal, the employee will be regarded as having resigned. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 6 of 26
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RING-FENCED RECRUITMENT 4.9 A ring-fenced recruitment process will be applied to posts in the structure if: there is a need to work within existing or less resources; and employees in the work group affected by the review or restructure are likely to have the skills, abilities, knowledge, experience and potential to fulfil the demands of the post. 4.10 Pools of employees within the work group affected by the review or restructure will be established in order to determine who can apply for which posts at each level of the new structure. This will be the subject of consultation with the relevant trade union/s. 4.11 Employees in the ring-fenced pool will include eligible employees awaiting redeployment whether within or outwith the affected workgroup. Employees awaiting redeployment will be identified as eligible where the grade of their substantive post is greater than or equivalent to the grade of post(s) to be filled. This priority will be given to those employees who are within the timeframe of the defined redeployment period. 4.12 The normal application and interview processes will apply but other forms of assessment and selection techniques may be applied as appropriate. Applicants will be appointed to posts where they demonstrate they fully meet the requirements of the job profile or would be likely to do so after a reasonable period of training. There will be no obligation to appoint where there are no suitable applicants. 4.13 Offers of appointment will initially be subject to a 5 working day standstill period during which unsuccessful interviewees have the opportunity to consider whether they have reasonable grounds to submit a Recruitment & Selection complaint. Recruitment & Selection complaints will be heard as an independent review by the Corporate Human Resources Manager or nominated officer. Independent reviews will be concluded within 10 working days of receipt of the employee’s letter. The decision of the independent review is final although the employee has the right to appeal the decision to dismiss on grounds of redundancy. Offers of appointment will only be confirmed following expiry of the standstill period or confirmation of the outcome of any Recruitment & Selection complaint, whichever is applicable. GENERAL RECRUITMENT 4.14 The recruitment process and approach will be relevant to the occupational group. 4.15 Remaining vacancies after a ring-fenced recruitment process will be advertised in the normal manner – internally within the Council and possibly also externally in accordance with the Recruitment and Selection Policy. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 7 of 26
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CHANGES IN WORKING ARRANGEMENTS OTHER THAN GRADE 4.16 Where the provisions of salary preservation do not apply but employee(s) accept a reduction in earnings as a result of a change to working arrangements (such as no longer being eligible to receive existing allowances for night working and shift allowance) the Chief Executive and Directors have delegated authority in exceptional circumstances to make a transitional payment of up to one year. This would apply where the change is significant, and the Council would wish to retain the skills and experience of the affected employees. The cost will be met from existing revenue budgets with a maximum payback period of two years. The amount will be agreed in consultation with relevant trade unions or individually affected employees, in line with the particular circumstances. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 8 of 26
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5 REDUNDANCY POLICY INTRODUCTION 5.1 A variety of factors such as organisational requirements, the economic climate, service redesign or review, may require changes in the composition of our workforce including a reduction in the numbers of posts. In such circumstances, the Council will endeavor to avoid redundancies at the earliest possible stage through proactive measures such as re-skilling, vacancy management and a flexible approach to moving employees to alternative roles or service areas within the Council. Where this is not possible, the Council will seek voluntary redundancy and suitable alternative employment in consultation with relevant trade unions and affected employees. 5.2 Employees whose post falls within an area of reduction can expect to be offered support, advice and training to develop appropriate skills and identify a career pathway which would enable them to move within or outwith the Council. 5.3 This policy applies to all employees of the Council. 5.4 All references to length of continuous service with Perth and Kinross Council in this section are as defined within the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999. DEFINITION 5.5 Redundancy is defined in law as a dismissal which arises when: The employer has ceased, or intends to cease, to carry on the business for the purposes of which the employees were employed; or The employer has ceased, or intends to cease, to carry on the business in the place where the employee was so employed; or The requirements for the business for employees to carry out work of a particular kind has ceased or diminished, or are expected to cease or diminish; or The requirements of the business for employees to carry out work of a particular kind in the place where they are so employed has ceased or diminished or are expected to cease or diminish. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 9 of 26
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5.6 The usual ways of identifying posts which are potentially at risk of redundancy include: Implementing a new structure through a matching or recruitment process, as outlined in this Framework – Options for Filling Posts; A cessation or reduction in activity or business closure; or Application of redundancy selection criteria where an overall reduction in the number of posts carrying out work of a particular kind is required. REDUNDANCY CONSULTATION 5.7 At the outset, it is important to identify the posts and employees who are affected by the business decision, review or restructure. Not all posts affected will be at risk of redundancy. The posts which are potentially at risk may be known at the outset, or this may be established during the review process. 5.8 It is essential that the relevant trade unions are advised in writing of a business decision, review or restructure prior to formal meetings with employees whose posts may be at risk of redundancy. 5.9 It may be appropriate to meet with groups of employees to advise them of business decisions, reviews or restructures and involve them in the process. Normally these meetings would take place after advising the relevant trade unions that such a review is taking place. Collective Consultation 5.10 A collective redundancy situation arises when it is proposed to make 20 or more employees redundant at one establishment within a 90-day period. The consultation process will begin as soon as practicable and be completed before any redundancy notices are issued. Consultation will comply with legal requirements relating to the inclusion of fixed term contracts when calculating the number of dismissals. Consultation will begin at least: 30 days before the first of the dismissals take effect where between 20 and 99 redundancy dismissals are proposed at one establishment within a period of 90 days or less; or 45 days before the first of the dismissals takes effect where 100 or more redundancy dismissals are proposed at one establishment within a period of 90 days or less. 5.11 The Department of Business, Energy & Industrial Strategy (BEIS) will be notified. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 10 of 26
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5.12 The following information will be provided, in writing, to the appropriate trade union representatives: Reasons for the proposed redundancies. Numbers and descriptions of employees it is proposed to dismiss as redundant. Total number of employees affected at the establishment in question Proposed method of selection. Proposed method of carrying out the dismissals, with due regard to any agreed procedure and over which period the dismissals are to take effect Proposed method of calculating redundancy payments. Numbers of agency workers undertaking activities carried out by the affected work group: location and type of work undertaken. Individual Consultation 5.13 Employees who are at risk have a right to be consulted on an individual basis if their jobs are being considered for redundancy, including employees on long term leave associated with sickness, maternity, paternity, parental or adoption leave. This requirement occurs regardless of the proposed numbers of employees who may be made redundant. Formal Meetings with Employees 5.14 Individual employees who are at risk of redundancy will be invited to a formal meeting with their manager, with HR support, to discuss the nature and impact of the changes, including an explanation of the arrangements for any search for suitable alternative employment or other measures and timescales. 5.15 Employees will be given 5 working days’ notice of formal consultation meetings and have the right to be accompanied by a trade union representative or work colleague. 5.16 Further formal meetings will take place at key stages of the consultation period and/or implementation of a business decision, restructure or review, including as a minimum when an employee is given notice of dismissal on grounds of redundancy. The outcome of all formal meetings will be confirmed in writing to the employee. EMPLOYEE SUPPORT AND ADVICE 5.17 Employees will be encouraged to seek confidential advice from the counselling service. Support and advice will be offered by the Council and will be aimed at helping individuals come to terms with the loss of employment as well as practical support in finding alternative employment either within or outwith the Council. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 11 of 26
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5.18 Employees at risk of redundancy will be granted reasonable paid time off to seek other work, irrespective of length of service. REDUNDANCY SELECTION 5.19 In situations where an overall reduction in numbers of posts carrying out work of a particular kind is required, selection for redundancy may be via interview (e.g. ring fenced recruitment exercise or matching), the deletion of a unique post or selection criteria. 5.20 Where selection criteria is applied the matrix set out in Appendix 1 will be utilised in the first instance. Consultation will take place with the trade unions on the final selection criteria, how it will be applied and the weighting according to the specific circumstances of the review. Where agreement is not possible, the Council will make the final decision. 5.21 Where an employee in the selection pool is disabled, or is covered by the Equality Act (2010) in relation to any other protected characteristic, the Council will make reasonable adjustments to the selection procedure as appropriate to provide equality of opportunity for that employee. 5.22 A weighting will be applied to each employee’s score in order to calculate a total score. Redundancy selection will be based on those with the lowest score. 5.23 Employees will be advised in writing of the outcome of the application of the selection criteria, including their own detailed scores, and have the right of appeal against the application of selection criteria. 5.24 An employee who wishes to challenge the application of selection criteria (or other selection for redundancy) in his/her own situation must submit their request in writing within 5 working days of receipt of the letter confirming this outcome. An independent review will be carried out by an appropriate Head of Service who has had no prior involvement in the application of selection criteria and be advised by the Corporate Human Resources Manager or nominated officer. Independent reviews will be concluded within 10 working days of receipt of the employee’s letter. The decision of the independent review is final although the employee has the right to appeal the decision to dismiss on grounds of redundancy. An employee will not be entitled to submit a recruitment complaint in addition to requesting an independent review of selection for redundancy. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 12 of 26
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ARRANGEMENTS FOR IDENTIFYING SUITABLE ALTERNATIVE EMPLOYMENT 5.25 This part of the policy and procedure applies to all employee groups within the Council except teachers, subject to the qualifying service criteria defined below. 5.26 Employees who are selected for redundancy after the application of selection criteria or other selection process will be invited to a formal meeting to advise them of this outcome. The purpose of this meeting is to confirm the arrangements for searching for suitable alternative employment, trial periods, notice period, redundancy payment and pension implications, if appropriate, and to offer support, training and development. 5.27 The search for suitable alternative employment may be initiated at any stage in order to maximise opportunities for redeployment, subject to no eligible employees being within the defined redeployment period. Priority will be given in the first instance to those within the defined redeployment period. 5.28 If an employee unreasonably refuses an offer of alternative employment which the employer believes to be suitable, there is no entitlement to redundancy pay. 5.29 The search for suitable alternative employment will take place where the employee has two years’ continuous local government service (as defined in 5.4 above). The search will take place over a defined redeployment period, which will comprise of double an employee’s notice period (and is the great of the employee’s contractual or statutory notice period), whatever is greater. i.e. one week for every completed year of service. Employees who have 8 years or less will be given a minimum of 8 weeks search. (The defined redeployment period will run up to a maximum of 26 weeks 12 weeks or 3 months depending on the individual employee’s contract of employment). 5.30 The defined redeployment period applies to redundancy situations resulting from workforce change and not to the ending of a fixed term contract. For the latter, the search for suitable alternative employment will take place during the contractual notice period. 5.31 The employee will retain their contractual terms throughout the defined redeployment period (and trial period) – i.e. no change to salary, grade and other benefits, unless any change is mutually agreed. They will remain an employee of their original employing Service during this time. The original employing Service will also continue to pay the employee’s salary costs until such time as the employee moves to another funded post or leaves the Council. 5.32 Where a suitable alternative post is found a trial period will be undertaken and will normally last for a period of 4 weeks. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 13 of 26
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5.33 Employees with at least two years continuous service (as defined in 5.4 above) with Perth & Kinross Council who are redeployed to a lower graded post will be eligible for salary preservation at the higher salary placing of their substantive post. 5.34 The salary preservation period will run concurrently with the defined redeployment period. A maximum of 26 weeks salary preservation is available. An employee who is redeployed to a lower graded post within the defined redeployment period will have the balance of time, up to a maximum of 26 weeks, on salary preservation. For example, an employee entitled to 24 12 weeks of defined redeployment period is redeployed to a lower grade of post after 10 9 weeks, will receive 16 17 weeks of salary preservation. 5.35 Where an employee is redeployed the employee will receive the salary for that post (with any remaining salary preservation) at the confirmed start date. 5.36 No salary preservation is available for employees with less than 2 years continuous service (as defined in 5.4 above) with Perth & Kinross Council who are redeployed to a lower graded post. 5.37 If action is taken, or required, under other Council policies and procedures, during the search for suitable alternative employment, this will not suspend the employee’s notice period nor the search for suitable alternative employment. 5.38 Employee illness, whether short or long term, complaints, etc. will not normally suspend the additional redeployment or employee’s notice period, nor prevent the search for suitable alternative employment. 5.39 There is a legal obligation for priority to be given to finding suitable alternative employment for employees on maternity leave, adoption leave or additional paternity leave when at risk of redundancy. 5.40 Employees with a disability will be considered for all posts where they are able to demonstrate they meet the essential criteria, as part of the Guaranteed Job Interview Scheme. In addition, for any employee covered by the Equality Act (2010) reasonable adjustments will be considered, as appropriate to provide equality of opportunity and enable the employee to fulfil the demands of the post. 5.41 If no suitable alternative employment is found within the defined redeployment period, the employee will be dismissed on grounds of redundancy. REDUNDANCY NOTICE 5.42 An employee who is dismissed on the grounds of redundancy is entitled to receive contractual or statutory notice, whichever is the greater. Therefore, notice periods will be between one month eight weeks and 12 thirteen weeks during which time efforts will continue to find suitable alternative employment. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 14 of 26
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5.43 The redundancy dismissal takes effect at the end of the notice period. 5.44 Normally an employee will be required to work out their notice period. However, an employee under notice of redundancy may request to leave early e.g., to take up employment elsewhere. This may be acceptable to the Council, resulting in the employee leaving at an earlier date and retaining their entitlement to a redundancy payment. Each request will be assessed on its individual merits. REDUNDANCY PAYMENTS 5.45 Employees need to have at least 2 years continuous local government service (as defined in 5.4 above) to be entitled to a redundancy payment. Employees volunteering for redundancy or at risk of redundancy will be managed in accordance with Section 6. 5.46 The Council has exercised its discretion to calculate any redundancy payment on the employee’s actual week’s pay rather than the statutory maximum. The maximum number of years of continuous local government (as defined in 5.4 above) service that can be counted for redundancy payment purposes is 20. The formula, which takes into account age and length of continuous service, is set out in the Statutory Redundancy Payment Scheme, as is shown in Appendix 2. This calculation is used for calculating redundancy payments for employees who qualify for a redundancy payment on expiry of a fixed term contract and those who are voluntarily or compulsorily redundant. Local government service is defined within the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999, as amended. 5.47 Employees who are members of the relevant occupational pension scheme may have access to their pension, subject to the detailed rules of that scheme. 5.48 Any other payments relating to voluntary severance or voluntary redundancy will be in accordance with the provisions of the relevant Council policy or procedure. However, under no circumstances will an employee receive both an award of added years and a redundancy payment. 5.49 If an employee who leaves due to redundancy is re-engaged by Perth & Kinross Council it may result in restrictions being applied to their re- engagement. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 15 of 26
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APPEALS AGAINST DISMISSAL ON GROUNDS OF REDUNDANCY 5.50 An employee has the right of appeal against the decision to dismiss on grounds of redundancy. 5.51 All appeals must be submitted in writing to their Director within 10 working days of the effective termination date and should state the reasons for the appeal. 5.52 Appeals against dismissal on grounds of redundancy will be considered by an Appeals Sub-Committee comprising elected members. Appeals will take place after the effective termination date, without unreasonable delay. 5.53 There is no separate right of appeal under the Arrangements for Identifying Suitable Alternative Employment. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 16 of 26
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6 VOLUNTARY SEVERANCE/VOLUNTARY REDUNDANCY 6.1 One of the measures for avoiding compulsory redundancy is to seek volunteers for voluntary severance. This measure may be applied within the affected work group or across other parts of the Council. In certain circumstances, an employee identified as being at risk of redundancy and who has transferable skills, could be redeployed into a post vacated through voluntary severance, thus avoiding a compulsory redundancy. It is also recognised that at times of organisational change, an employee may decide they wish to apply for voluntary severance and leave the organisation. 6.2 Voluntary severance includes early retirement, where the employee is a member of the relevant pension scheme for their occupational group. In these circumstances an enhanced payment up to a maximum of 60 weeks’ pay may apply as shown in Appendix 3. The provisions relating to retirement will be as set out in the relevant policy and in accordance with the provisions of the relevant pension scheme. 6.3 At all times the Council will consider whether it is able to release employees through a voluntary severance package based on a business case analysis. This will include affordability, retaining a balanced workforce with the necessary skills, competencies and experience, impact on service delivery, whether it is in the Council’s interests to release the employee and individual employee circumstances. Voluntary severance will only be approved where there is demonstrable benefit to the Council. 6.4 Severance terms will be determined by whether the employee is in the relevant occupational pension scheme and whether they are eligible to access their pension through early retirement. 6.5 Employees who are not in the occupational pension scheme or are not eligible to access their pension through early retirement will receive an enhanced flat cash payment of £6,000 (pro-rated) in addition to the redundancy calculation based on age and length of Service as shown in Appendix 2. In these circumstances Redundancy payments will be calculated on the basis of the Statutory Redundancy Payment Scheme and with reference to an actual week’s pay. The terms are as set out in the Redundancy Policy. 6.6 A mutually agreed date of leaving will be required. Payments in lieu of notice and annual leave will not be applied. 6.7 The application of voluntary severance is at the discretion of the Council. There is no right of appeal against a decision not to approve an application for voluntary severance. The authority to approve voluntary severance rests with the Executive Leadership Team, except for those requests from Chief Officers which require approval from the Executive Sub-Committee of the Strategic Policy & Resources Committee. 6.8 An employee who leaves the Council under Voluntary Severance will not normally be re-engaged by Perth & Kinross Council. If in exceptional circumstances they are re-engaged restrictions may apply. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 17 of 26
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6.9 Voluntary severance is an option which is available for consideration for all employee groups within the Council. 7 MONITOR AND REVIEW 7.1 The Framework for Managing Workforce Changes will be monitored and reviewed on a regular basis to ensure it continues to meet the needs of the Council and to ensure compliance with relevant legislation. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 18 of 26
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8 GLOSSARY OF TERMS Minor/No change: Changes to a post are minor in terms of grade and responsibilities. Re-grading: Changes to an existing post result in a higher or lower grade. Matching: Where a post in a new or revised structure is predominantly the same as an existing post, irrespective of the grade. Ring-fenced Recruitment: Where applications for a vacancy are restricted to a specific group of employees whose existing posts are being reduced in number or deleted from the establishment. Continuous Local Government Service: Suitable alternative employment: Defined redeployment Period: In a redundancy situation this is defined by the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 and includes previous service with the organisations listed (e.g. other Councils, NHS) In a redundancy situation, a post found for an employee which is considered to be suitable by the employee and the Council that allows them to remain in continuous employment. The period of time during which a search for suitable alternative employment will be undertaken (in workforce change situations, up to 26 minimum 8 weeks or double an employee’s notice period up to a maximum of 13 weeks for those with over two years). Salary Preservation: Where an employee accepts a lower graded post from their current post as a result of workforce change, they are entitled to up to 26 weeks of salary preservation (less any time taken from the defined redeployment period) at their current grade. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 19 of 26
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9 APPEALS 9.1 Appeals relating to the Framework for Managing Change and Transformation. Type of appeal Timescales Heard by Recruitment and Selection Complaint – independent review OR Complaint to be submitted within 5 working days of offer. Review concluded within 10 working days of receipt of letter. Corporate Human Resources Manager or nominated officer. No further appeal (Although employee has the right to appeal the dismissal on grounds of redundancy as in 3.8) Independent review of application of redundancy selection criteria or other redundancy selection process (Employees do not have the right for both a recruitment and selection complaint and application of redundancy criteria appeal) Request to be submitted in writing within 5 working days of receipt of letter confirming the outcome Review to be concluded within 10 working days of receipt of employee’s letter Head of Service, advised by Corporate HR Manager No further appeal (although employee has the right to appeal the dismissal on grounds of redundancy) Appeal against dismissal on grounds of redundancy Appeal to be submitted in writing to their Director within 10 working days of effective termination date. Appeal hearing to take place without unreasonable delay Appeals Sub-Committee Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 20 of 26
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10 APPENDICES Appendix 1 – Redundancy Selection Criteria Matrix Appendix 2 – Redundancy Payment Calculations Appendix 3 – Voluntary Severance/Voluntary Redundancy Payment Table Organisational Change Appendix 4 – Organisational Change Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 21 of 26
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Appendix 1 REDUNDANCY SELECTION CRITERIA MATRIX (These criteria will be the subject of consultation with the relevant trade unions when this method is being applied to select employees for redundancy. Consultation will take place on the application of the criteria and the weighting to be applied.) CRITERIA SCORE Work Performance Overall performance is outstanding and consistently exceeds the objectives of 5 the role. Overall performance exceeds the objectives of the role. 4 Overall performance meets all the objectives of the role. 3 Overall performance meets most of the objectives of the role. 2 Overall performance fails to meet the objectives of the role. 1 Skills, Competence and Experience Displays full competence in current role, is multi-skilled, regularly providing 5 support to others. Displays full competence in current role. 4 Displays competence in most aspects of the role but requires some 3 supervision. Displays some of the competencies required in the current role, requires 2 regular supervision and support. Has insufficient skills in the current role and cannot operate without close 1 supervision. Disciplinary Record No disciplinary or counselling record. 5 Verbal warning. 3 Written warning. 2 Final written warning/other action short of dismissal. 1 Attendance Record Excellent attendance, no instances of absence. 5 Above average attendance, some examples of absence/lateness but less 4 than the selection pool average (excludes maternity/paternity/sickness leave directly related to disability). Attendance/timekeeping equivalent to the selection pool average. 3 Below average or poor attendance/timekeeping compared to the selection 2 pool average. Unacceptable levels of attendance/lateness. 1 Length of Continuous Service with Perth & Kinross Council or Predecessor Councils 30 years continuous service and above 5 20 but less than 30 years continuous service 4 10 but less than 20 years continuous service 3 2 but less than 10 years continuous service 2 Less than 2 years continuous service 1 Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 22 of 26
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Appendix 2 STATUTORY REDUNDANCY PAYMENT CALCULATIONS (NO OF WEEKS PAY) Redundancy Calculator (Continuous Service as defined in 5.4 above) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Age 17 1 18 1 11/2 19 1 11/2 2 20 1 11/2 2 21/2 21 1 11/2 2 21/2 3 - 22 1 11/2 2 21/2 3 31/2 - 23 11/2 2 21/2 3 31/2 4 41/2 - 24 2 21/2 3 31/2 4 41/2 5 51/2 - 25 2 3 31/2 4 41/2 5 51/2 6 61/2 - 26 2 3 4 41/2 5 51/2 6 61/2 7 71/2 - 27 2 3 4 5 51/2 6 61/2 7 71/2 8 81/2 - 28 2 3 4 5 6 61/2 7 71/2 8 81/2 9 91/2 - 29 2 3 4 5 6 7 71/2 8 81/2 9 91/2 10 101/2 - 30 2 3 4 5 6 7 8 81/2 9 91/2 10 101/2 11 111/2 - 31 2 3 4 5 6 7 8 9 91/2 10 101/2 11 111/2 12 121/2 - 32 2 3 4 5 6 7 8 9 10 101/2 11 111/2 12 121/2 13 131/2 - 33 2 3 4 5 6 7 8 9 10 11 111/2 12 121/2 13 131/2 14 141/2 - 34 2 3 4 5 6 7 8 9 10 11 12 121/2 13 131/2 14 141/2 15 151/2 - 35 2 3 4 5 6 7 8 9 10 11 12 13 131/2 14 141/2 15 151/2 16 161/2 36 2 3 4 5 6 7 8 9 10 11 12 13 14 141/2 15 151/2 16 161/2 17 37 2 3 4 5 6 7 8 9 10 11 12 13 14 15 151/2 16 161/2 17 171/2 38 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 161/2 17 171/2 18 39 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 171/2 18 181/2 40 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 181/2 19 41 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 191/2 42 21/2 31/2 41/2 51/2 61/2 71/2 81/2 91/2 101/2 111/2 121/2 131/2 141/2 151/2 161/2 171/2 181/2 191/2 201/2 43 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 44 3 41/2 51/2 61/2 71/2 81/2 91/2 101/2 111/2 121/2 131/2 141/2 151/2 161/2 171/2 181/2 191/2 201/2 211/2 45 3 41/2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 46 3 41/2 6 71/2 81/2 91/2 101/2 111/2 121/2 131/2 141/2 151/2 161/2 171/2 181/2 191/2 201/2 211/2 221/2 47 3 41/2 6 71/2 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 48 3 41/2 6 71/2 9 101/2 111/2 121/2 131/2 141/2 151/2 161/2 171/2 181/2 191/2 201/2 211/2 221/2 231/2 49 3 41/2 6 71/2 9 101/2 12 13 14 15 16 17 18 19 20 21 22 23 24 50 3 41/2 6 71/2 9 101/2 12 131/2 141/2 151/2 161/2 171/2 181/2 191/2 201/2 211/2 221/2 231/2 241/2 51 3 41/2 6 71/2 9 101/2 12 131/2 15 16 17 18 19 20 21 22 23 24 25 52 3 41/2 6 71/2 9 101/2 12 131/2 15 161/2 171/2 181/2 191/2 201/2 211/2 221/2 231/2 241/2 251/2 53 3 41/2 6 71/2 9 101/2 12 131/2 15 161/2 18 19 20 21 22 23 24 25 26 54 3 41/2 6 71/2 9 101/2 12 131/2 15 161/2 18 191/2 201/2 211/2 221/2 231/2 241/2 251/2 261/2 55 3 41/2 6 71/2 9 101/2 12 131/2 15 161/2 18 191/2 21 22 23 24 25 26 27 56 3 41/2 6 71/2 9 101/2 12 131/2 15 161/2 18 191/2 21 221/2 231/2 241/2 251/2 261/2 271/2 57 3 41/2 6 71/2 9 101/2 12 131/2 15 161/2 18 191/2 21 221/2 24 25 26 27 28 58 3 41/2 6 71/2 9 101/2 12 131/2 15 161/2 18 191/2 21 221/2 24 251/2 261/2 271/2 281/2 59 3 41/2 6 71/2 9 101/2 12 131/2 15 161/2 18 191/2 21 221/2 24 251/2 27 28 29 60 3 41/2 6 71/2 9 101/2 12 131/2 15 161/2 18 191/2 21 221/2 24 251/2 27 281/2 291/2 61 + 3 41/2 6 71/2 9 101/2 12 131/2 15 161/2 18 191/2 21 221/2 24 251/2 27 281/2 30 Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 23 of 26
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Appendix 3 Voluntary Severance/Voluntary Redundancy Payment Table (No of weeks’ pay) Redundancy Calculator (Service) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Age 17 2 18 2 3 19 2 3 4 20 2 3 4 5 21 2 3 4 5 6 22 2 3 4 5 6 7 23 3 4 5 6 7 8 9 24 4 5 6 7 8 9 10 11 25 4 6 7 8 9 10 11 12 13 26 4 6 8 9 10 11 12 13 14 15 27 4 6 8 10 11 12 13 14 15 16 17 28 4 6 8 10 12 13 14 15 16 17 18 19 29 4 6 8 10 12 14 15 16 17 18 19 20 21 30 4 6 8 10 12 14 16 17 18 19 20 21 22 23 31 4 6 8 10 12 14 16 18 19 20 21 22 23 24 25 32 4 6 8 10 12 14 16 18 20 21 22 23 24 25 26 27 33 4 6 8 10 12 14 16 18 20 22 23 24 25 26 27 28 29 34 4 6 8 10 12 14 16 18 20 22 24 25 26 27 28 29 30 31 35 4 6 8 10 12 14 16 18 20 22 24 26 27 28 29 30 31 32 33 36 4 6 8 10 12 14 16 18 20 22 24 26 28 29 30 31 32 33 34 37 4 6 8 10 12 14 16 18 20 22 24 26 28 30 31 32 33 34 35 38 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 33 34 35 36 39 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 35 36 37 40 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 37 38 41 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 39 42 5 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 6 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 6 9 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 6 9 12 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 6 9 12 15 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 6 9 12 15 18 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 6 9 12 15 18 21 24 26 28 30 32 34 36 38 40 42 44 46 48 50 6 9 12 15 18 21 24 27 29 31 33 35 37 39 41 43 45 47 49 51 6 9 12 15 18 21 24 27 30 32 34 36 38 40 42 44 46 48 50 52 6 9 12 15 18 21 24 27 30 33 35 37 39 41 43 45 47 49 51 53 6 9 12 15 18 21 24 27 30 33 36 38 40 42 44 46 48 50 52 54 6 9 12 15 18 21 24 27 30 33 36 39 41 43 45 47 49 51 53 55 6 9 12 15 18 21 24 27 30 33 36 39 42 44 46 48 50 52 54 56 6 9 12 15 18 21 24 27 30 33 36 39 42 45 47 49 51 53 55 57 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 50 52 54 56 58 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 53 55 57 59 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 56 58 60 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 57 59 61 + 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 57 60 Certified: June 2016 Framework for Managing Workforce Changes Last Revised: March 2019 Page 24 of 27
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Service – only complete years’ service at the date you leave can be counted. Please refer to your Statement of Employment Particulars for your continuous service date for redundancy purposes. Age – as at date of leaving on grounds of voluntary redundancy/voluntary severance. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 24 of 26
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Appendix 3 Health and Social Care Integration Angus Council, Dundee City Council, Perth and Kinross Council and NHS Tayside Organisational Change Principles to be adopted during organisational change arising within a partnership and which would affect employees from both employing partner bodies. All HSCI employing bodies will retain their current policies in relation to organisational change and reference should be made to them for matters not covered in the principles. All the HSCI employing bodies are committed to maximising the security of employment of staff during periods of organisational change. It is recognised that within a partnership there is the additional complexity relating to change which may directly affect staff from more than one employer. Communication and engagement with staff and their trade union/professional representatives will be a key element for successful organisational changes. The principles recognise that each employer will undertake change in accordance with their relevant structures and processes. In order to ensure a consistency of approach all the employing bodies across Tayside have agreed to adhere to the following principles should change related circumstance arise. A group led by management will be established which would include Trade Union/staff side representation to share information about the staff affected by any change and the extent of the effect. Information about the new structure, job descriptions and grades will be shared with this group. The employing bodies will seek to share relevant information regarding the staff e.g. current grade, hours, location etc., which will facilitate the change process. The staff side representation would be drawn from each employing body in line with existing arrangements. The group will take into account the nature of the service change when seeking to reach consensus about who is “in scope” i.e. affected, by any change. The Managers will communicate with staff and their representatives about the envisaged change and the process to be followed. There will be 1-1 interviews with the affected staff. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 25 of 26
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The relevant group will seek to reach consensus if any suitable staff can be matched to a post within the new structure from the effected staff. Eligibility to be matched into a post will be as per the employing body’s current criteria. Should the application of the criteria by either employer disadvantage staff from the other partner employer then the employer can alter their criteria in order to ensure fairness and equality across both employers. If more than one person is suitable then there will be ring fenced competition amongst the identified staff to determine who will be appointed. The preferences of staff will be sought where they could be appointed to more than one post. Staff who cannot be found a post within the new structure will be dealt with under the appropriate employer’s redeployment process. The appropriate employers’ protection arrangements will apply where required. Staff in the new structure will be appointed to the terms and conditions which apply to the new post and which are relevant to their employer. These principles seek to provide a broad framework which, recognising that each employer will have its own particular policy in this area, facilitates a more common approach when addressing the complexity of issues which arise from organisational change. Certified: March 2019 Framework for Managing Workforce Changes Last Revised: February 2023 Page 26 of 26