Policy overview
We recognise the importance of job security and the benefits of continuity for service provision. We are committed to retaining skills, knowledge and experience. Where possible, we aim to redeploy eligible employees. The process will be fair and consistent.
Principles
Employees have primary at-risk status if they are
- selected for redundancy (refer to our managing change policy)
- unable to continue their role due to an underlying health condition
Employees have secondary at-risk status if they have pay protection. The status will be for the pay protection period only.
At-risk employees have priority consideration for any vacancy. Priority consideration means they are entitled to an interview before any other candidate if:
- the post is at the same or lower grade level to their existing post
- they meet the essential requirements or would do, given suitable training
Completion of any training must be within six months.
We should appoint at-risk employees who meet the essential requirements of a post they apply for. If we do not appoint them, the recruiting manager will write to the employee giving the reasons. The recruiting manager will do this before looking at any other candidates.
We will seek to redeploy at-risk employees into suitable alternative jobs at the same grade. Usually, redeployment is on the same terms and conditions as the current role.
The normal competitive recruitment process applies to:
- at-risk employees who are considering jobs at a higher grade
- all other employees seeking alternative employment for any other reason
We offer support to employees to find a new role.
The same redeployment protection applies to employees on a fixed-term or temporary contract. These employees must have four years of service with us.
Identifying redeployees
There are many reasons why an employee may seek a change in their employment, such as:
- being at risk
- breakdown of working relationships
- breakdown of personal relationships between employees working in the same area
- change in personal circumstances
- as a result of a harassment or bullying complaint
- development or promotion
An employee may ask their manager to request support to find an alternative position. The manager may agree if:
- it is in the best interests of the employee and us. For example, following a disciplinary or capability procedure
- the employee is at-risk
Managers will support employees by providing:
- time off to attend internal interviews
- references to other managers as part of the recruitment process
At-risk employees have priority consideration for roles. Recruiting managers will be advised by HR when this applies. This will ensure that these employees are considered first, before any other candidate. If they meet the essential criteria they will be interviewed.
We will record an at-risk employee's details on the redeployment register, held within HR. A manager will:
- work with the employee to fill in the register
- support the employee to search for redeployment within the council
- advise the employee to create an online account on our e-recruitment system
- provide information on how to set up job alerts
Employees should mark their job applications:
- 'primary at-risk' if the employee is at risk of redundancy, or seeking medical redeployment' redeployment
- 'secondary at-risk' if the employee has pay protection
- 'internal' if the employee is not at risk. We do not guarantee interviews if they meet the essential criteria. To retain skills and talent, managers may consider internal candidates wanting to redeploy.
At-risk status
There are two categories of at-risk:
Primary at-risk
Primary at-risk status is for employees at risk of redundancy or who have a medical condition. These employees must take priority over any other internal or external candidates for any position.
Secondary at-risk
Secondary at-risk status is where an employee has pay protection. They take priority over other candidates. They are not given priority over primary at-risk employees.
Redundancy – primary at-risk status
We have a legal duty to minimise the effect of redundancy. We must consider whether there is suitable alternative employment. If offered, there will be an appropriate trial period. Suitable alternative employment will be to a role at the same or a lower grade.
If an employee accepts a role at a lower grade, salary protection will apply.
For more details about salary protection, read the managing change policy.
The employee may lose rights to a redundancy payment if they unreasonably refuse alternative employment.
Employees at risk of redundancy and appointed on a lower grade may remain on the redeployment register. They may continue to apply for other positions.
The employee must state ''secondary at-risk'' status on the application. After two years, if they have not secured a role at their previous grade:
- we will remove them from the redeployment register
- they are no longer able to mark at-risk status
- we will reduce their pay to the maximum of the grade they are in
They will be eligible for future pay increments applied to their grade from that point onward.
Medical capability and disability – primary at-risk status
Employees will have primary at-risk status if they have a medical or health condition. It does not need to qualify as a disability under the Equality Act 2010. We will actively seek opportunities for redeployment within the council. To check at-risk status applies, occupational health (OH) will need to confirm:
- we need to consider redeployment on medical grounds
- the employee is unfit to return to their substantive post for a prolonged period
- there are no reasonable adjustments
- there are no further reasonable adjustments
- OH has designated the employee as being covered by the Equality Act 2010
There is no salary protection for a medical redeployment.
Managers, with HR, will support redeployment for the employee. They will also apply the sickness absence policy and procedures.
If no suitable alternative employment has been secured we may terminate employment due to ill-health. The employee will remain a candidate for redeployment during their notice period.
Currently covered by pay protection – secondary at-risk status
Employees with pay protection go on to the redeployment register. This may be the result of a previous reorganisation or restructuring under the managing change process. Being on the register will allow them to look for alternative roles at their previous pay grade.
The register entry lasts for two years, whilst the employee has pay protection. The employee will mark secondary at-risk status on their applications. The employee receives priority consideration after primary at-risk candidates.
Trial period
We offer alternative roles on a four-week trial basis. The trial allows the employee and the new manager to assess whether the job is suitable. Both parties should make every effort for the trial period to be successful. Where there are suitability concerns, the trial period may be ended early by either party.
If both parties agree, we may extend the trial period for up to a further four weeks. For example, for a period of retraining.
Before the trial period ends the manager and employee have a review meeting. We will confirm the employee in the post if the trial period is successful. If the trial period is unsuccessful, the employee will return to their substantive post. They will continue on the redeployment register, seeking other roles, for:
- the remainder of their notice period where redundancy applies
- any appropriate period under the absence procedure if the at-risk is due to a disability
- the rest of the period they are on pay protection
Successful internal candidates who are not covered by at-risk status do not have a trial period. The employee will start the new role and follow the normal management processes for a new starter.
Recruitment
Recruiting managers may advertise internally first to see if there are any suitable internal candidates, including redeployees.
For positions also advertised externally, managers must consider candidates on the redeployment register. They must apply priority consideration to those 'at risk'.
Recruiting managers must use the essential criteria in the person specification to assess a redeployee's suitability. They will consider transferable skills and any other requested information when evaluating the redeployee's ability to carry out the role.
The same requirements of fairness and due process apply to internal and external interviews. Read further details in the recruitment policy.
Sometimes, a redeployee may attain new skills in the trial period or the first six months. The recruiting manager must take into account the attainment of new skills when considering selection.
Recruiting managers will offer to provide feedback to all redeployee applicants not invited for an interview or appointed.
If one or more internal candidate matches the post's person specification, the recruiting manager will prioritise those at-risk.
If there are one or more primary at-risk candidates who are suitable, the recruiting manager will offer the position to the most suitable candidate. This will follow an interview and the taking up of references.
Employees on a Tier 2 visa
Redeployment of Tier 2 visa employees to an alternative role cannot happen automatically. An exception is if the new role is under the same standard occupational classification as their previous role.
If an employee on a Tier 2 visa changes to a role with a different standard occupational classification, they must make a new visa application. The employee may be subject to the resident labour market test. Managers must contact HR for advice if this situation arises.