Human Resources - Employment security and redeployment protocol (L1280)

1.0 Summary of Changes

1.1 This protocol has been updated in April 2024 as follows:

• Section 3.6 updated to reflect specific maternity, adoption and parental leave arrangements following legislative changes on 6th April 2024. 

2.0 What this Protocol is About

2.1 This protocol applies to all police staff employed by Essex Police and Kent Police with greater than one years’ continuous service, irrespective of:

• Sex, race, disability, sexual orientation, age, religion or belief, gender reassignment, marriage and civil partnership and pregnancy and maternity;
• The basis on which they are employed, other than in circumstances which are agreed by the HR Delivery Manager to be exceptional.

2.2 This protocol describes the measures that Essex Police and Kent Police will take with the objective of maintaining employment security in a number of situations. These situations are likely to fall under one of the following headings:

• Reorganisation;
• Disability; or
• Other reasons.

Compliance with this protocol and any governing policy is mandatory. This protocol is not, nor is it intended to be, contractual

3.0 Detail the Protocol

3.1 Introduction

3.1.1 Essex Police and Kent Police are large organisations employing a considerable number of police staff. As such certain obligations exist to ensure wherever possible employee employment security. Each is also a dynamic, developing organisation with a need for highly motivated and competent people performing essential functions to high standards.

3.1.2 It is therefore a key protocol objective for both Essex and Kent Police to avoid the need to make staff compulsorily redundant on the occasions when reorganisation results in a reduction of the number of people employed in specific activities. In circumstances other than organisational change, each organisation may also take steps to support employees who, through no fault of their own, find their continued employment in a particular job in jeopardy. Each Force will give the highest priority to maintaining the employment security of its employees.

3.2 Reorganisation

3.2.1 Whenever organisational change takes place posts may become redundant in law. Examples of this can include:

• A post being withdrawn from the organisation;
• A post being transferred to a separate or different location;
• Proposals to implement new working patterns, technology or roles;
• The closure of a work location.

3.2.2 Redundancies occur when one of the statutory definitions are met and are subject to a set of rules covering such issues as consultation, selection, pay, trial periods, suitability of alternative employment etc.

3.2.3 Whenever managers are planning a reorganisation, which might result in redundancies, they must contact an appropriately qualified HR Professional so that the force can comply with statutory legislation.

3.2.4 Click on either Force for a timeline outlining the stages of any restructuring process to be carried out by both Essex Police and Kent Police.

3.2.5 Where it is necessary to select individuals for roles within any new structure the following agreed processes should be followed - there may be occasions where following consultation with the appropriate staff representative groups, alternative methods of selection can be utilised:

• Essex Police selection;
• Kent Police selection

3.2.6 In the event that posts are declared redundant due to organisational change, all reasonable steps must be taken to redeploy the employees affected, under the terms of this protocol and within their employing force.

3.2.7 Each Force will manage and maintain a separate register for re-deployees from within the employing force.

3.2.8 The HR Delivery Manager will decide if and when a member of staff is to be placed on the appropriate redeployment register. Human Resources will manage this register. In Essex, the appropriate HRA, and in Kent the Recruitment and Planning Team, will be responsible for ensuring that all those on the register receive regular and up-to-date copies of the vacancy list.

3.2.9 An HR Business Partner will be responsible for ensuring that all members of staff placed on the redeployment register are informed of their rights, duties and obligations in connection with their re-deployee status. Re-deployees will receive a copy of the following documents from Human Resources:

• Re-deployee Skills Register Form to complete and return to Human Resources;
• Re-deployee Guidance notes and FAQ's;
• Current Vacancy List for the relevant employing force (as detailed in paragraph 3.2.8).

3.3 General Measures

3.3.1 When such a reorganisation of services with potential staffing or job security implications is contemplated, the organisation will formally notify the Trade Union at the earliest opportunity before the proposed date of the reorganisation. This is in accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, S188.

3.3.2 The organisation will aim to exceed the statutory notification periods whenever possible.

3.3.3 There will be full consultation with the trade union before final decisions are taken regarding reorganisation plans.

3.3.4 In consulting with the trade union, the organisation will present its proposals for dealing with staffing implications, including the steps it proposes to take to preserve continuity of employment for any staff that are affected by the reorganisation.

3.3.5 Salary protection is granted on the basis that it provides for protection for non-medical redeployees, normally as a result of reorganisation, and is a general measure to protect staff primarily from the effects of redundancy.

3.4 Specific Measures

3.4.1 The following steps may be taken to preserve the continuity of employment in the case of organisational change (not in order of priority):

• Compilation of a register of staff who are available for transfer or re-employment, which will be open to inspection by the trade union;
• Consideration for the cessation of normal recruitment procedures in the employee categories concerned, and in any other areas of work where displaced employees might be absorbed;
• Temporary secondment and transfers of displaced staff on a supernumerary basis for a period of up to three months where it is judged that they can be appointed to a substantive post in this time;
• Matching those staff that need to be redeployed against current vacancies to ensure that all suitable redeployment possibilities are investigated;
• Approaches to other local authorities to ascertain whether there are vacancies for which Essex Police or Kent Police staff could be considered;
• Offers of voluntary redundancy, including early retirement with superannuation benefits, whose jobs would provide employment opportunities to displaced staff;
• Reviewing overtime in any areas where this would provide employment opportunities for staff whose jobs are no longer required;
• Practical training in the skills of the new job will be given where necessary to staff who are redeployed;
• Consideration will be given to the protection of terms and conditions of service and support towards additional travelling costs, where necessary and appropriate, as set out in section 3.9 of this protocol.

3.4.2 Under the terms of this protocol the force will seek to make one offer of alternative employment to an employee designated as a redeployee wherever possible. In order for this protocol to achieve its purpose it is conditional upon individuals readily accepting the offer of alternative employment, which may be any job anywhere within the employing Force, but for which their conditions of service will be preserved as set out below in section 3.9. In exceptional circumstances an offer of alternative employment could be made within the collaborative partner force.

3.4.3 It is explicit that displaced members of staff will receive one alternative offer of employment wherever possible. Failure to accept that offer will normally result in redundancy and may have an impact on their eligibility for a redundancy payment. Refer to the following links for details of how redundancy payments are calculated:

• Essex Police redundancy payments;
• Kent Police redundancy payments.

3.5 Trial Periods

3.5.1 Section 138 of the Employment Rights Act (ERA) 1996 states that a redundant employee who is offered alternative employment under a new contract of employment with terms and conditions that differ (wholly or partly) from the corresponding provisions of the previous contract, should be given a trial period of at least 4 weeks in which to make up their mind about the job. This statutory 4-week trial period should begin when the old contract expires; it ends 4 weeks after the date on which the employee started work in the new job.

3.5.2 During the trial period of 4 weeks the employee is free to terminate the new contract, for whatever reason. They will then be treated as being redundant from the date that their old job ended. However, such a decision may affect their entitlement to a redundancy payment.

3.5.3 The trial period of 4 weeks may be extended by mutual agreement for the purposes of retraining the employee for employment under the new contract. This should be confirmed in writing prior to commencement.

3.5.4 Because the trial period is a formal requirement of the ERA 1996, it is important to agree with the employee beforehand that the new job is being taken on a trial basis and to spell out clearly in writing to the employee this fact and the other provisions mentioned above.

3.5.5 Employees whose terms and conditions of employment are changed in circumstances where redundancy might otherwise occur have a right to reasonable time to try out the new terms before deciding whether or not to claim a redundancy payment from the employer. An example of this would be where an employee was compulsorily transferred from one work place to another without a mobility clause in their contract, even though excess travelling payments were made.

3.6 Maternity, Adoption and Shared Parental Leave

3.6.1 The beginning of pregnancy to the end of maternity leave is a ‘protected period’ during which individuals are entitled to special consideration if this is necessary to make good any disadvantage they may otherwise experience.  (This also includes Shared Parental and Adoption Leave). As off the 6^th April 2024, additional Protections are provided in respect of those individuals in line with the table below:-

	Previous position	New Position	When does the change take effect?
Pregnancy	No protection	Protected from the date the employee informs the employer of her pregnancy for the full period of pregnancy	Where the employer is informed of the pregnancy on or after 6 April 2024
Maternity leave	Protected during the period of absence on maternity leave only	Protected for 18 months from the first day of the estimated week of childbirth (EWC). The 18-month period can be altered to start from the child’s actual date of birth where the employee informs the employer in writing of the actual date during their maternity leave period.	Where the maternity leave ends on or after 6 April 2024
Adoption leave	Protected during the period of absence on adoption leave only	Protected for the period of 18 months from the date of placement for adoption.	Where the adoption leave ends on or after 6 April 2024
Shared parental leave	Protected during the period of absence on shared parental leave only.	Protected for 18 months from birth/placement for adoption provided that the employee has taken a period of at least six continuous weeks of shared parental leave. This protection will not apply if the employee otherwise has protection under either the maternity or adoption provisions above. Protected during period of absence on shared parental leave only (as now) if fewer than 6 consecutive weeks of leave are taken.	Where the period of six continuous weeks of shared parental leave starts on or after 6 April 2024

3.6.2 Where an employee suffers a miscarriage before 24 weeks of pregnancy, they will have protection during their pregnancy and for a two-week period following miscarriage. If they miscarry after 24 weeks of pregnancy they are entitled to maternity leave and will have the same protection as any other employee taking maternity leave, as detailed in 3.6.1.

3.6.3 It will be the responsibility of the Business Case Owner to ensure that any individual who this applies to notifies the relevant HR Business Partner and/or Change Team at the drafting stage of the business case. All affected individuals will be consulted about possible redundancy situations, including those on Maternity, Adoption and Shared Parental Leave.

3.6.4 Special provisions in respect of redeployment will be put into place for any affected individuals made redundant whilst on Maternity/Adoption or Shared Parental Leave, to meet the organisational requirements under the Maternity and Parental Leave Regulations. Whilst it is the joint responsibility of the individual and the organisation to monitor and review the position of employees declared as redeployees, individual’s in the protected period will be offered any suitable roles.

3.7 Disability

3.7.1 Should an employee with a disability be displaced as a result of restructuring or redundancy, potential restrictions and reasonable adjustments must be considered when determining the suitability of an alternative role.

3.7.2 Where redeployment may be being considered for medical reasons outside of any restructuring process, managers should refer to L 1100 Protocol – Capability: Police Staff, paragraph 3.15. for further advice. An individual may be considered for redeployment if Occupational Health has advised that their current role is permanently inappropriate for psychological, medical, or physical reasons and it has proved not possible to overcome these by way of reasonable adjustments.

3.7.3 Where staff are redeployed as a result of disability, no salary protection will be payable.

3.8 Other Circumstances

3.8.1 There are a number of other circumstances that may require both Essex and Kent Police to take steps to support employees who, through no fault of their own, find their continued employment in a particular job in jeopardy. In such circumstances, the organisation may decide to apply all or some of the provisions of this protocol.

3.8.2 In most cases this will relate to an inability of an individual to continue working in a particular role because of poor health, where this does not fall within the definitions of Disability. There are also other circumstances that might mean that, through no fault of their own, an individual is unable to continue to work in a particular job. For example, in cases involving welfare, wrongdoing or a serious breakdown in working relationships. If such a case arises Human Resources should be contacted.

3.9 Support and Protection Arrangements

3.9.1 Employees who have been declared a redeployee will always be considered first for appointments to vacant police staff posts up to and including their previous grade before other candidates are considered. Only in the event that redeployees are found to be unsuitable for objectively justifiable reasons, can other applicants be considered in the recruitment process. It is the responsibility of the individual applying for a job to identify themselves as being a redeployee on the application form.

3.9.2 It is the joint responsibility of the individual and the organisation to monitor and review the position of employees declared as redeployees, and to find suitable roles as soon as possible.

3.9.3 Individuals will be regarded as trainable for a particular role if, within a reasonable timescale, it is expected that they will be able to perform the normal responsibilities of that role to an acceptable standard. Consideration should be taken of any reasonable adjustments that may apply.

3.9.4 Each force has arrangements in place to provide financial support to staff redeployed as a result of redundancy. Full details of specific arrangements available can be found below:

• Essex Police protections;
• Kent Police protections.

3.9.5 An offer of alternative employment or redeployment will be made in writing and will include, as a minimum, the following details:

• The type of work to be undertaken and the training to be given where appropriate;
• The location of the new job;
• The rates of pay applicable to the appointment and any protection arrangements and any other terms and conditions which may be different from those applying to previous employment;
• The normal hours of work of the new appointment.

3.9.6 Employees will normally be granted redeployee status for a period of 3 months to coincide with their notice period, although this period may be extended at the discretion of the HR Delivery Manager in exceptional circumstances.

3.9.7 If, during the 3 month period the employee has not secured an alternative post, the HR Delivery Manager may compulsorily redeploy the individual to a suitable post, whether vacant or on a supernumerary basis, anywhere within the employing force.

3.9.8 Job Seeking Advice or Additional training. A number of supportive measures are in place to assist employees during periods of change. Additionally where it is considered appropriate, and necessary funds are available, a redeployee may be afforded the opportunity to access training to effectively support them to perform a new role.

3.9.9 Subsequent redeployment or job moves – Where an individual in receipt of salary protection becomes subject to further redeployment, the level of protection granted will be as determined by the HR Delivery Manager dependent upon the individual merits of that case. However, where an individual chooses to transfer to another post they will be paid in accordance with the salary appropriate to that role and cease to be entitled to salary protection or travel allowance that may be applicable.

3.10 Implementation

3.10.1 Each Chief Constable is responsible for ensuring that appropriate steps are taken whenever this protocol is invoked. The Human Resources Department will be responsible for its’ implementation and will take any supplementary action, where appropriate.

3.10.2 The HR Delivery Manager will nominate an appropriately qualified HR Professional to advise and assist staff during the application of this protocol.

3.10.3 If at any time for organisational, financial or other reasons this protocol becomes untenable for the Force, it may be terminated by providing not less than 3 months’ notice.

3.11 Appeals

3.11.1 Employees have the right of appeal to the Head of Operational HR where they are dissatisfied with any decision in relation to the application of the provisions of this protocol.

3.11.2 Appeals must be made in writing within 10 working days of being notified of the recommendation or the decision and must state all grounds for their dissatisfaction with the recommendation or decision.

3.11.3 Once the Head of Operational HR, or designated deputy, has considered written submissions and made a determination, the individual will be notified in writing within 10 working days.

3.11.4 For the avoidance of doubt, the appeal process above is not applicable to any decisions made as a result of desk top or other selection processes arising out of change management processes. Appeals in these circumstances should be explained as part of the consultation process. For further advice on these, speak to an appropriately qualified HR Professional.

4.0 Equality Impact Assessment

4.1 An EIA has been completed and this protocol has been found to have no adverse effects on any of the nine protected characteristics identified in the Equality Act 2010.

5.0 Risk Assessment

5.1 There is no specific risk assessment or health and safety consideration thought relevant to the content of this protocol.

5.2. Officers and members of police staff engaged within the process must remain aware that they must follow the protocol correctly otherwise the risk to the organisation of a possible employment tribunal could be raised. A failure to fully adopt the principles set out in this protocol could have a detrimental effect upon the reputation of the organisation.

6.0 Consultation

6.1 Consultation has been carried out with the following departments.

• Equality and Diversity
• HR Business Partners
• Health & Safety
• Unison
• Occupational Health

7.0 Monitoring and review

7.1 Monitoring will be undertaken by the HR Delivery Manager, with a review being undertaken every 2 years.

8.0 Governing force policy

Related force policies or related protocols / procedures (Essex) / Linked standard operating procedures (Kent)

8.1 This HR protocol supports the overarching HR policy L1.

• L 1200 Protocol - Police Staff Discipline
• L 180 Protocol - Attendance Management

8.2 Data Security

8.2.1 Essex Police and Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy – W 1000 Policy – Information Management.

8.3 Retention & Disposal of Records

8.3.1 Essex Police and Kent Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

8.3.2 We will only hold data for as long as necessary for the purposes for which we collected.