REDEPLOYMENT, RETRAINING AND REDUNDANT POSTS AGREEMENT

SECTION 1 PARTIES

1.1 This Agreement is between the City of Bradford Metropolitan District Council ("the Council") and the recognised Trade Unions representing those employees who come under the scope of the NATIONAL JOINT COUNCIL (NJC) for Local Government Services, the JOINT NEGOTIATING COMMITTEE (JNC) for Local Authority Craft and Associated Employees, the JOINT NEGOTIATING COMMITTEE (JNC) for Youth and Community Workers and the Soulbury Committee.

SECTION 2 CONSULTATION PRINCIPLES

2.1 The parties to this Agreement agree to work actively together to seek to avoid compulsory redundancies. This Agreement will enable the parties to work jointly through the necessary organisational changes whilst maximising employment security through redeployment opportunities.

2.2 Management will begin formal consultations in good time at Corporate and/or local level with the recognised Trade Unions on organisational changes which will have an impact upon the size of the Council’s workforce.

2.3 Individual consultation will also be offered before a redundancy notice is served.

2.4 Consultation will include:

¨ Reasons for potential redundancies, likely numbers and service areas affected

¨ Ways of avoiding dismissals and reducing the numbers of potential redundancies e.g. by redeployment or use of a targeted voluntary severance scheme.

¨ Processes including the establishment of pools, selection criteria, validation of employee data.

2.5 The Council will consult with the recognised Trade Unions in good time in the preparation of the Council’s overall annual budget. The Council will inform such Trade Unions of any subsequent changes to the annual budget that may impact on employee numbers and will initiate further consultation on any major changes.

2.6 Council Departments will, in good time, provide the recognised Trade Unions with details of their annual budget proposals and any subsequent changes, together with an indication of the implications for staffing and service levels.

SECTION 3 SCOPE OF THE AGREEMENT

3.1.1 This Agreement will apply to all employees who come under the scope of the NJC for Local Government Services, the JNC for Local Authority Craft and Associated Employees, the JNC for Youth and Community Workers and the Soulbury Committee, save as detailed in clause 3.4 below.

3.2 The application of this Agreement will be in accordance with the Equality Policies of the Council or the school concerned (see clause 3.4.2 below).

3.3 This Agreement establishes formal mechanisms which ensure that the redeployment and retraining of staff and if necessary his/her redundancy is managed effectively on a corporate basis.

3.4 This Agreement does not apply to:

3.4.1 An employee employed on casual, fixed-term and/or temporary contracts, unless s/he has been continuously employed on a temporary or fixed term contract or a series of temporary or fixed term contracts for two years or more where such contracts are wholly funded from the Council’s base budget (see Appendix A).

3.4.2 Employees employed to work in a school (as defined in the School Standards and Framework Act 1998 and in any subsequent amendments) unless the Governing Body of the school where the employee is employed has adopted this Agreement. Where the Governing Body has adopted this Agreement, the procedure detailed in it is modified as detailed in Appendix F.

SECTION 4 OPERATION

4.1 In the operation of this Agreement both the Council and the recognised Trade Unions accept the following principles:-

i) The Trade Union side will not be a party to the approval of compulsory redundancies.

ii) A blanket no compulsory redundancy guarantee does not exist.

iii) Management and the Trade Unions are committed to trying to secure alternative employment for employees whose posts have been deleted.

iv) The Trade Unions have not given up their right to challenge by whatever means at their disposal, any loss of employment by reason of redundancy.

v) Compulsory redundancy notices will not precede entry onto the redeployment process.

vi) Whilst there are no specific time limits in the redeployment process, it is accepted that the objective is to secure employment for individuals within substantive posts.

4.2 This Agreement supersedes the Redeployment, Retraining and Redundancy Agreement 1992 between the Council and the Trade Union side for craft and manual workers which came into operation on 18 December 1992 and any subsequent amendments and also the Redeployment, Retraining and Procedure to deal with Redundant Posts 1993 between the Council and the staff side for APT and C staff which came into operation on 26 July 1993 and any subsequent amendments.

4.3 The purpose of this Agreement is to set out a framework for dealing with employees in redundant posts. Where there is no realistic prospect of redeployment within a reasonable time and voluntary severance has been explored, the employee’s case will be referred for management action in accordance with the process set out in this Agreement and any subsequent guidance.

4.4 The Agreements referred to in clause 4.2 above will cease to be contractually applied on 7 February 2002

4.5 This Agreement will commence on 8 February 2002

SECTION 5 TERMINATION OF AGREEMENT

5.1 Either party may give the other party six months written notice of termination of this Agreement. If either party gives notice of termination, both parties will work together to attempt to reach a new Agreement before expiry of the six month period.

5.2 On termination of this Agreement by either party, the terms of this Agreement will cease to have contractual application for employees covered by this Agreement as detailed in Section 3.1 above.

5.3 If notice is given by either party, in accordance with clause 5.1 above, any redeployment during the notice period of this Agreement will be in accordance with the terms of this Agreement (save in exceptional circumstances to be agreed between the Council and the recognised Trade Unions).

SECTION 6 THE EMPLOYMENT ACCESS GROUP

The Council recognises that a redeployment situation will be a cause for concern for employees. The Council is therefore committed to dealing with all redeployment processes sensitively and supportively. Management will work in partnership with the Trade Unions in order to maximise fully redeployment opportunities. This commitment is reflected in the establishment of the joint union/management Employment Access Group (EAG) which will assist in providing an efficient process to match redeployees with available permanent posts.

6.1 The EAG will be advised by, and make recommendations to, the Redeployment Unit. The EAG will provide for a partnership approach to the matching of redeployees to appropriate posts and will consist of an appropriate Trade Union representative, an officer from the Human Resources (HR) Department and a manager from the referring department.

6.2 The EAG will:-

i) Assist in providing a consistent approach to redeployment situations

ii) Assist in identifying matches between redeployees and Council-wide vacancies to posts of no more than one grade difference

iii) Consider applications from redeployees for managed severance/voluntary early retirement and make recommendations to the Managed Severance/Managed Early Retirement Panel

iv) Consider whether an offer is suitable and if so whether a redeployee has unreasonably refused a suitable offer of alternative employment.

v) Consider whether a redeployee is participating fully in the redeployment process.

vi) Make recommendations to the Redeployment Unit regarding:

matches of redeployees to vacancies

action in the case of redeployees unreasonably refusing suitable offers of alternative employment.

action in the case of redeployees not fully participating in the redeployment process.

6.3 The EAG will advise the Human Resources Director of any circumstance where it considers that the terms of this Agreement are not being adhered to. The relevant Head of Service, having regard to the recommendations made by the EAG, has the decision-making responsibility regarding the suitability of offers of alternative employment and over the redeployment of staff to Departments.

SECTION 7 THE REDEPLOYMENT UNIT

7.1 The Redeployment Unit of the Department of Human Resources, in partnership with the Employment Access Group, has the lead responsibility in managing and co-ordinating the redeployment of employees. The Redeployment Unit will be responsible for the day to day operation of the process of matching redeployees referred to it to available vacancies.

7.2 The Redeployment Unit will:

(i) ensure that all vacancies across the Council, including temporary vacancies and short-term assignments are referred to the Redeployment Unit prior to advertising unless used for internal department redeployment purposes;

(ii) carry out the initial process of matching redeployees with vacancies

(iii) in partnership with the EAG endeavour to match redeployees to known vacancies and identify any training needs as early as possible

(iv) bring to the attention of the EAG redeployees who in the view of the Redeployment Unit may have unreasonably refused a suitable offer of alternative employment

(v) bring to the attention of the EAG redeployees where there is a possibility that the individual may not be participating fully in the redeployment process

(vi) on receipt of the recommendation of the EAG, bring to the attention of the relevant Head of Service and Principal HR Manager if a redeployee has not accepted an offer of alternative employment which is EAG considered suitable, and where the refusal was unreasonable, or where the EAG have recommended action where an individual is not participating fully in the redeployment process.

(vii) keep details of potential volunteers for redundancy from across the Council in the event that the Council may seek volunteers for redundancy

(viii) consider requests for employment counselling and retraining;(see Appendix C)

(ix) where appropriate actively pursue outplacement opportunities (that is provide assistance to employees referred to it to find employment with a different employer);

(x) inform the Head of Service of the department from where the employee was referred to the Unit and the Director of Human Resources when:

(a) a vacancy has been filled by an employee on the redeployment register.

(b) an employee has been on the redeployment register for 12 or more weeks;

(c) an employee unreasonably refuses what the EAG considers to be a suitable offer of alternative employment.

(xi) communicate the activities of the Redeployment Unit to Senior Management and to any employees potentially affected by redundancies.

The Redeployment Process

The following provisions will apply to employees referred to the Redeployment Unit :-

7.3 Redeployment

(i) Departmental Management refers an employee to the Redeployment Unit and the employee is entered on the Redeployment Register.

(ii) Departmental Management will ensure that all vacancies will be referred to the Redeployment Unit prior to advertising unless used for internal departmental redeployment purposes.

(iii) An officer from the Redeployment Unit will be assigned to each redeployee.

(iv) Redeployees will agree, wherever possible, to be placed in suitable temporary positions whilst redeployment is sought.

(v) The Redeployment Unit will apply the following principles whilst working with the EAG to match redeployees with vacancies:-

(a) There should be flexibility when matching redeployees to the requirements of a Personnel Specification of a vacancy.

(b) A redeployee will need to meet a majority of the essential requirements of a post. Any shortfall must be explicitly identified and a plan produced for addressing the shortfall within a specified timescale using appropriate training and/or on-the-job work experience.

7.4 Suitable Alternative Employment - The Redeployment Unit will endeavour to redeploy employees on his/her existing hours of work up to a maximum of 37 hours per week and to a post of the same grade (grade which the employee was contractually entitled to at the date of entry onto the Redeployment Register excluding temporary or ‘acting’ arrangements) or no more than one grade below.

The following factors will also be taken into account when considering the suitability of a position:-

i) job content

ii) essential qualifications

iii) pay and grade

iv) work location

v) conditions of service

vi) status

vii) physical circumstances of the job location

This list is not exhaustive.

7.5 Where the officer from the Redeployment Unit considers a position is suitable, the employee will be immediately contacted, s/he will fill in an application form with assistance if required, and the Redeployment Unit will recommend him/her for interview. The EAG will be provided with the full details where an appropriate match has been identified.

7.6 The redeployment officer will advise the manager who has the vacancy of the potential match and the employee will be interviewed.

7.7 If the employee considers the position is unsuitable, s/he must advise the redeployment officer of his/her reasons in writing as soon as possible but not later than 5 working days and upon receipt the redeployment officer will consider the written representations within a further 2 working days.

7.8 The Redeployment Unit will make an initial decision as to whether or not the post is suitable. Where it is decided that a post is suitable, the employee will be offered the post.

7.9 Where the employee is offered the post, an offer will be made in writing.

7.10 The Redeployment Unit will consider the following factors before notifying the EAG that it considers an employee has unreasonably refused an offer of suitable alternative employment (this list is not exhaustive).

(i) The employee’s domestic circumstances.

(ii) The extra travelling time required

(iii) Whether the offer is a temporary position

7.11 Evidence of non-co-operation with attempts to redeploy an employee may include:-

(a) Not completing the redeployment documentation adequately.

(b) Refusing to apply for positions considered suitable.

(c) Refusing to be interviewed or without good cause or reason failing to attend an interview for a position which may be suitable.

(d) Failing to co-operate at interview.

SECTION 8 PERIOD OVER WHICH REDEPLOYMENT IS SOUGHT

8.1 An employee is referred to the Redeployment Unit when either his/her post is surplus to requirements and s/he is potentially redundant.

8.2 The Redeployment Unit will discuss with the redeployee his/her experience, skills and qualifications in order that suitable matches may be made with existing and future vacancies (if any). The Redeployment Unit will assess the redeployee's skills, assist in preparing his/her Curriculum Vitae (CV) and identify training needs (if any) in order to facilitate redeployment opportunities.

8.3 The Redeployment Unit will carry out the day to day process of seeking to identify matches between redeployees and vacancies. Information from this process will guide the considerations of EAG.

8.4 At week 8 a review will take place to examine progress in matching the redeployee to vacancies and to identify whether there is a need/further need for training or other developmental support. The review will be conducted by the Redeployment Unit. The redeployee and their Trade Union representative will be invited to attend.

8.5 If suitable alternative employment cannot be found by week 12 a further review will be undertaken by the EAG. This review will be attended by an officer from the Redeployment Unit and the redeployee. The redeployee has the right to be accompanied by their Trade Union Representative at this formal review. During the review meeting the EAG will consider:-

(i) a formal application from the redeployee for managed severance/managed early retirement and make recommendations to the MS/MER Panel.

(ii) the likelihood of redeployment. If there is a realistic prospect of redeployment within a reasonable time, the EAG will recommend a further review period to the Human Resources Director for his/her decision.

(iii) where there is no realistic prospect of redeployment within a reasonable time and voluntary severance has been explored, the EAG will advise the Redeployment Unit as to whether the employee’s case should be referred for management action. Management action will include consideration of the appropriate course of action to take in the particular circumstances of the employee's case.

SECTION 9 REDEPLOYMENT TRIAL PERIODS

9.1 If an employee accepts alternative employment, which involves a different type of work or is on different terms from his/her previous terms of employment, the employee is entitled to a six week trial period commencing from the start of the new contract. This shall include the statutory 4 week period and not be additional to it.

9.2 An employee has the right to declare the trial unsuccessful by terminating the contract during the trial period. In such circumstances if contractual notice has already been given, the original redundancy dismissal stands. If the employee terminates the contract during the trial period or gives notice during the trial period to terminate it and the contract is then terminated s/he will be treated as having been dismissed when the original contract came to an end by reason of redundancy.

9.3 Where an employee is within a trial period (as described in clauses 9.1 and 9.2 above), at the time his/her notice to terminate expires, then the notice to terminate will be extended to the end of the trial period. At the end of the extended notice period the employee will either continue in that post if it has proved suitable or the employee can terminate his/her employment in accordance with clause 9.2.

9.4 An employee dismissed by reason of redundancy will not be entitled to a redundancy payment (either contractual or statutory) if: -

(i) S/he accepts an offer of re-employment with the same employer or an associated employer or with an employer referred to in the Redundancy Payments (Continuity of Employment in Local Government etc. (Modification)) Order 1999 and any subsequent amendments or orders.

Or

(ii) In the opinion of the appropriate Head of Service s/he unreasonably refuses an offer of suitable alternative employment.

9.5 The provisions in clause 9.4 above apply provided the offer is made during the redeployment period (including any extension of the redeployment period) or before the end of the notice period and provided the new employment starts not more than four weeks after the previous employment ended.

Extension Of Trial Period

9.6 The trial period will only be extended when both the Council and the redeployee agree to extend to take account of reasonable retraining needs. In this context training support arrangements will be confirmed in the offer letter.

9.7 If the change in employment consists only of a change of workplace, there will be no need for retraining.

9.8 An agreement for an extended trial period must: -

(i) be justifiable for example by reason of pregnancy related illness, maternity leave or some other substantial reason.

(ii) be in writing and be made before the employee starts work under the new contract.

(iii) specify the date on which the trial period and the period of retraining will end.

(iv) specify the terms and conditions of employment that will apply to the employee after the end of the retraining period.

9.9 A training agreement will only be valid only if signed by both the Council and the employee.

SECTION 10 PAY PROTECTION

10.1 An employee on the Redeployment Register will continue to receive his/her contractual remuneration which s/he received at the date of entry on to the Register except any entitlements detailed in 10.4 below, excluding any temporary or acting arrangements.

10.2 Once redeployed an employee will enjoy only the terms and conditions applicable to the post to which s/he is redeployed. If the salary/wage for the new post is less than that received at the date of entry onto the Register the salary/wage will be protected for a maximum of five years from the date specified in clause 10.3 below. Such protection will include annual pay awards and any incremental progression, to which the employee would have been entitled to as of right. Pay protection will end if the employee leaves the post.

10.3 The period of pay protection starts from the date of redeployment or six months after entry on the Redeployment Register whichever is the earlier.

10.4 Irrespective of the grade of the post to which the employee is redeployed, the following conditions will not be protected from the date of entry on to the Redeployment Register: -

(a) telephone allowance

(b) car leasing allowance

(c) car allowance status

(d) overtime

(e) bonus

(f) shift allowance

(g) weekend enhancement

(h) unsocial/irregular hours payment

(i) night rate

(j) stand-by payments

(k) first-aid payment

(l) honoraria/plusages

(m) professional subscription

(n) any other payment/benefit paid in addition to normal salary for example, if an employee receives an allowance for "acting up" to a higher position.

NB: Contractual Overtime

Where an employee who received contractual overtime payments in his/her original position is redeployed to another job pursuant to the terms of this Agreement, s/he will receive a one-off lump sum payment relating to such contractual overtime.

The lump sum payment will be based on the actual weekly amount of contractual overtime being paid immediately prior to the date of entry on to the redeployment register. It will be calculated on the number of weeks in the period between:-

(i) the commencement of redeployment; and

(ii) the end of six calendar months commencing on the date of the registration of the individual on the register by the Redeployment Unit.

REDUNDANCY PAYMENTS

1. Employees with at least 2 years service will be entitled to a redundancy payment calculated on continuous service based on his/her normal weekly wage or salary. This payment is calculated on the following scale:

a. 1½ weeks pay for each year of service over 41 years of age;

b. 1 weeks pay for each year of service between 22 and 41 years of age;

c. ½ weeks pay for each year of service below 22 years of age.

2. This contractual redundancy payment includes the employee’s statutory redundancy payment.

3. Only the last 20 years continuous service is counted and service before the age of 18 is not counted.

4. Employment with any previous employer does not count as continuous except where in accordance with the Redundancy Payments (Continuity of Employment in Local Government Etc. (Modification)) Order 1999 (and any subsequent amendments or orders).

MODIFICATIONS TO THIS AGREEMENT FOR EMPLOYEES EMPLOYED IN MAINTAINED SCHOOLS