Organisational change FAQs

Phase Two Frequently Asked Questions

The newly developed Change Hub brings together essential resources needed to navigate change across our organisation, helping everyone feel supported, informed and ready for new challenges. The Change Hub pages can be access via DAISY here.

 

1) Who makes the final decision following the review of all consultation feedback?

The manager leading the consultation will review all feedback received, consider any alternative proposals, and confirm the outcome following completion of the consultation process. The outcome will be shared in writing with all colleagues in scope, setting out the agreed changes and any individual impact.

 

2) Can I refuse to take part in this process?

You are expected to engage with the consultation and, where relevant, the redeployment process. Taking part helps ensure your views are heard and gives you the best opportunity to explore suitable alternatives. If you do not engage, this may affect the support available to you and could impact outcomes such as redeployment opportunities and, where relevant, entitlements connected to the process.

 

3) What does At Risk mean?

Being placed ‘At Risk’ means that, following consultation, it has been confirmed that you do not have a substantive post due to organisational change. ‘At Risk’ status normally applies for a redeployment period of up to 6 months.

If you are placed ‘At Risk’, the Trust will make every effort to identify suitable alternative employment and you will be added to the redeployment register. You will also be asked to complete a Redeployment Considerations Form with your manager to help identify your skills, experience and preferences.

‘At Risk’ status gives preference over other applicants for suitable vacancies, subject to the Navigating Organisational Change policy criteria, and colleagues offered a suitable alternative role are entitled to a minimum four-week trial period in the new post.

 

4) What does that mean in terms of finding another role?

Colleagues with ‘At Risk’ status are required to apply through NHS Jobs. If your application shows that you meet 100% of the essential criteria, including all mandatory qualifications and professional registration, you will be invited to an informal meeting and may be slotted into the role unless there is evidence that the role is not suitable. If you meet 60% of the essential criteria and hold the mandatory qualifications and required professional registration, you will be offered a formal interview. If you then demonstrate that you meet 100% of the essential criteria, or would do so with short-term reasonable training, you should normally be offered the post unless there is evidence that the role is not suitable.

If there is more than one ‘At Risk’ candidate for a suitable vacancy it may be necessary to have a competitive interview process. The Trust reserves the right to place colleagues in a post that is deemed to be suitable alternative employment at any time throughout the redeployment period.

As far as possible, suitable alternative employment will be sought at the same band. Where this is not possible and you are redeployed to a lower banded post, pay protection and marked time arrangements may apply in line with the Navigating Organisational Change policy. Where a new work location/ base results in additional home-to-base travel, excess travel payments may also apply where eligibility criteria are met. If you currently work enhanced hours you are redeployed to a new job that does not have enhanced hours you would be entitled to pay protection.

Details can be found in the Navigating Organisational Change Policy HR07. https://www.dpt.nhs.uk/publications?media_folder=231&root_folder=Redeployment%20Redundancy

 

5) Will I be offered a Trial Period for a suitable alternative role?

Colleagues have the right to a minimum of a four-week trial period in any new post. The line manager of the alternative role should meet with the ‘At Risk’ colleague on a weekly basis during the trial period. This is to ensure that the ‘At Risk’ colleague is being supported fully during the trial period with regard to training and supervision and both parties can raise any concerns or issues at the weekly meetings.

At the end of this period the colleague and the manager will agree whether the post is suitable. If the colleague considers that the post is not suitable, they must provide the reasons for this, in writing, to their manager. Should the manager consider that the post is not suitable for the colleague they must provide the reasons for this, in writing, to the HR Professional who supports the redeployment process.

 

6) What if I am on secondment to another team/organisation or I am on maternity leave or unwell during the consultation?

If your substantive post is within the affected service, you will be included in the consultation process even if you are on secondment, maternity leave, adoption leave, shared parental leave, long-term sickness absence or another period of approved absence. Managers should make arrangements to keep you informed, invite you to meetings, and make the process as accessible as possible.

If you are absent through sickness during the redeployment process, you remain entitled to contractual sick pay in accordance with the relevant policy. Sickness absence does not automatically stop the consultation or redeployment process, and managers should continue to support you and take account of your circumstances when planning next steps.

 

7) Are there protected rights for colleagues on maternity or other planned leave?

If a colleague is pregnant or on maternity, adoption, or shared parental leave and is placed “At Risk” during organisational change, it’s important to seek advice from People Services. Pregnant colleagues and some new parents (including those on Adoption Leave or Shared Parental Leave) have special protection in redundancy situations. From 6 April 2024, this protection has been extended. It now starts as soon as an employee tells their manager they are pregnant and continues until 18 months after the baby is born or the day someone’s adoption leave begins.

If there are suitable alternative roles available, these employees must be offered them first. They have priority over other colleagues, even if others are also suitable and have ‘At Risk’ or ‘priority’ status. If there are not enough roles for everyone with this protection, the Trust will need to decide who is most suitable. HR guidance must always be sought in these situations.

 

8) What rights do part-time colleagues have in applying for jobs?

Part-time colleagues have the same rights to be considered fairly for suitable vacancies and to apply for posts through the Trust’s recruitment processes. Applications and selection decisions must be made fair, consistent and without discrimination, in line with employment legislation and Trust policy.

 

9) What happens if a secondment or Fixed Term Contract is found as an alternative?

At Risk status and benefits are paused for the duration of a secondment or FTC. At the end of the temporary role the At Risk period will be reinstated from when it was paused. E.g. If the At Risk period was paused at 4 months, after the temporary arrangement, there will be 2 months of At Risk period remaining.

 

10) What happens to the At Risk period if the individual is unwell or absent for a significant time?

The At Risk period continues while an individual is away from work due to absence. Line managers and colleagues can seek additional support if needed and will be guided by the Staff Health and Workplace Attendance Policy (HR25)

 

11) Should I apply for a role that is for a full-time position if I work reduced hours?

You are encouraged to still apply and have a conversation with the recruiting manager about your needs. This may be able to be negotiated to meet the needs of the individual and the service or considered as part of a job share. There are legitimate reasons that some roles are required to be filled with candidates that can work a certain amount of hours / days per week and these considerations are reviewed when determining whether a role is a suitable alternative post for a person with At Risk status.

 

12) What if I can’t find a role at my current pay banding?

If you are redeployed to a lower banded post after being placed ‘At Risk’, long-term protection of basic wage or salary may apply for a defined period depending on your reckonable service, followed by marked time arrangements, in line with the policy.

Colleagues offered pay protection are expected to actively apply for posts at the band they are protected at when suitable vacancies arise and may remain on the redeployment register with ‘Priority’ status until they secure a role at the appropriate banding.

Individuals offered pay protection are expected to actively apply for posts at the band they are protected at when they are advertised, and they may remain on the redeployment register until such time as they secure a role. 

Any additional earnings (such as enhanced hours payments) in the new post will be paid at the rate applicable to that post.

 

13) What salary point would colleagues be appointed to in a new job?

Where colleagues are redeployed within the same band, they would normally move on the same salary point where this is consistent with national terms and conditions. If appointed to a lower banded post, pay protection arrangements may apply in accordance with the policy and relevant NHS terms and conditions.

Promotional appointments are managed in line with Agenda for Change terms and conditions.

 

14) Am I entitled to other financial protection - for travel or relocation?

Yes. Where a suitable alternative role is based at a different location and this results in additional home-to-base travel, excess travel payments may apply for a limited period in line with the policy.

If the costs of excess travel exceed the cost of redundancy, then redundancy should be considered. If the colleague prefers to be redeployed (rather than made redundant) then any claim for excess travel will be limited and capped at the same cost as redundancy.

 

15) Within what salary range of posts would I be expected to apply?

You are expected to apply for suitable roles as close as possible to your existing band. You may also apply for higher graded posts through the normal recruitment process if you meet the requirements of the post. If suitable roles are not available at your current band, the Trust may consider reasonable alternative employment at a lower band in line with the policy.

 

16) What happens with national pay awards and increments during the period of salary protection?

These arrangements will be applied in line with the relevant NHS terms and conditions and payroll guidance.

 

17) What happens if I change job during the period of salary protection and what happens at the end of the protection period?

 The period of protection to which colleagues are entitled will cease if: -

The employee is appointed to a post in which the normal basic wage or salary is equal to or exceeds the protected basic wage or salary,

or:

The employee moves on their own application to another post, with a basic wage or salary which is either lower or higher,

or:

The employee retires.

If the period of full protection specified expires, protection shall continue on a mark time basis until the basic wage or salary of the new post is equal to that of the post previously held.

 

18) Can I apply for voluntary redundancy?

If you wish to discuss voluntary redundancy as an option, you can raise this during consultation with your line manager and seek advice from People Services. Any redundancy arrangements would need to be considered in line with the policy, required approvals and relevant NHS terms and conditions.

Voluntary redundancy - a process where employees can apply to leave the organisation in return for a redundancy payment.

  • Employees who leave under voluntary redundancy and are re-employed with an NHS Employer, a government department or an arm's length body will be required to repay some or all of their voluntary redundancy payment. This is known as clawback. The clawback period depends on the amount of voluntary redundancy payment and the individual terms and conditions.
  • As part of Voluntary Redundancy, you will be required to work your notice period. There will be no payment in lieu of notice (PILON).
    Your period of notice will be: four weeks' notice or one weeks' notice for each continuous year of service with DPT up to a maximum of twelve weeks, whichever is the greater.

Compulsory Redundancy - If a colleague has not secured a post during the 6 month redeployment period, a meeting will be organised (following appropriate approvals) to issue notice that a colleague’s contract will end for the reason of redundancy and the outcome will be confirmed by the manager in writing.

  • If colleagues obtain suitable alternative employment within four weeks of the termination of their contract, they would not be entitled to their redundancy payment. If colleagues secure suitable alternative employment within the NHS more that 4 weeks after the termination of their contract, there will be no clawback of the redundancy payment,
  • Your period of notice will be: four weeks' notice or one weeks' notice for each continuous year of service with DPT up to a maximum of twelve weeks, whichever is the greater.
  • During the notice period colleagues will still have preference for suitable vacancies as an ‘At Risk’ candidate.

 

19) What happens if I have two concurrent part-time roles with DPT and only one is impacted by Organisational Change?

Your part-time roles are treated independently of each other if they have separate contracts of employment.

 

20) If I have more than one employed role at DPT can I be At Risk from one role and made redundant from one role, remaining employed with the other role?

Yes, each post is separate. At Risk status and redundancy apply to the position rather than the person.  If you receive redundancy payment for one role and remain employed with DPT or the NHS in a second role, with a contract of employment existing at the time of the redundancy, then clawback would not apply unless you engaged in new employment or increased your hours of NHS employment for the second role.

 

21) Where can I find more information about other opportunities?

You can find more information about other opportunities in the following ways:

 

22) What is the difference between reckonable and continuous service?

Continuous service is full-time or part-time service working under a contract of employment with an NHS Employer. NHS employers are listed at Annex 1 in the Agenda for Change Terms and Conditions of Service Handbook.

For the purpose of determining eligibility for redundancy pay, previous continuous employment with different NHS employers may be counted as long as there has not been a break of a week or more (measured Sunday to Saturday) between any periods of employment. Bank/agency work directly into a NHS Employer/ Trust or via NHSP does not qualify as continuous service.

Reckonable service, for the purposes of an NHS redundancy payment, which is calculated on the basis of the service up to the date of termination of the contract, means continuous full-time or part-time employment with the present or any previous NHS employer but with the following additions:

  • where there has been a break in service of 12 months or less, the period of employment prior to the break will count as reckonable service;

The following employment will not count as reckonable service:

  • employment that has been taken into account for the purposes of a previous redundancy, or loss of office payment by an NHS employer;
  • where the employee has previously been given NHS pension benefits, any employment that has been taken into account for the purposes of those pension benefits.

 

23) What training and learning opportunities are available for colleagues in DPT?

The Trust offers a wide range of training and development opportunities to support colleagues in their professional growth and development. More information about development can be found on Daisy here, and includes information on:

  • Internal Development Programmes
    • Leadership and Management Growth: Programmes to develop compassionate leadership and key people management skills.
    • Apprenticeships and Career Pathways: Opportunities for entry-level and ongoing career progression, including clinical placements and funded apprenticeships.
    • Continued Professional Development (CPD): Regular workshops and courses to upskill colleagues.
  • Career Development Sessions
    • Regular career development sessions are held via MS Teams for people interested in developing their career within the Trust or looking to join a career development pathway. Each session has a specific focus for example general clinical, nursing, psychological and allied health professionals and non-clinical pathways. More information on the sessions available can be found here.  
  • E-Learning and External Resources
    • DEVELOP is the Trust’s learning and development platform, providing access to wide range of eLearning courses, core training, personal development planning to support colleague growth and compliance. More information can be found on DEVELOP here.
    • NHS Elect Access: The Trust currently has a subscription offering short e-learning modules and live webinars on a wide variety of topics. More information can be found on the NHS Elect Website here.
  • Coaching and Mentoring
    • The Trust offers coaching and mentoring to support professional growth and wellbeing, colleagues can find out more and access resources via the Daisy page on coaching and mentoring here.
  • NHS Interviews and Applications
    • The Trust offers interactive workshops designed to help people succeed with NHS applications and interviews, providing practical tips and inspiration. More information about these workshops can be found here.

Please do discuss your development and training needs with your manager to plan appropriate support and opportunities.

 

24) What support is available to me currently?

Organisational change can be unsettling, and there are several sources of support available. Your line manager, other managers in your service, your Staff Side representative and People Services can all help you understand the process and discuss your options.

You can also seek support from your union representative if you have one. Contact details for Staff Side representatives are listed in this document.

Additionally, there are various health and wellbeing provisions and support services available:

  • Employee Assistance Programme from Vivup - confidential, impartial assistance to help you in times of need. They have a wide offering of resources including downloadable self-help workbooks, debt advice, a mental health app and more. They also offer independent counselling support provided by caring and qualified personnel. Help is available 24/7, 365 days a year through their helpline number: 03303 800 658 - calls charged at local rates. Alternatively, you can freephone 0800 023 9324.

  • Our Occupational Health Service gives independent specialist medical advice to support colleagues and managers, in the area of health and work. They provide confidential advice regarding any medical condition you may have and the impact on your work. A colleague does not need to be off sick for a referral to be made. Referrals are usually made by the person’s manager after a conversation with the colleague. More information can be found on Daisy here - Occupational Health

 

  • Workways provides information, guidance and practical support for people whose mental health affects their ability to find or remain in paid employment. Call 01392 677050 or email dpt.workwaysadmin@nhs.net

  • TALKWORKS is a free, confidential, NHS talking therapy service, part of
    IAPT (Improving Access to Psychological Therapies), for people in Devon (excluding Plymouth), helping you to feel better and giving you the tools and techniques to improve your mental and physical wellbeing. Call 0300 555 3344 to speak to a member of the team, email dpt.talkworks@nhs.net or self-refer online. TALKWORKS also offer a range of wellbeing workshops that you can book onto directly.

 

  • Step One is a Devon charity who offer a range of support and services including peer support groups, activities, courses and workshops. More information can be found on their website Home - Step One or by calling 01392 255 428 during their office hours, which are Monday - Friday from 9am - 5pm

 

  • Staff side - for more information about local representatives can be found on Daisy here - Staffside

  • Our team of chaplains provide pastoral, religious, spiritual and emotional support They provide a non-judgemental listening ear with the aim of helping to lighten the load. Email   

 

  • The HR Advisory team offer regular redeployment drop-in sessions via MS teams. These sessions are open to colleagues who have at risk or priority status. The sessions offer the opportunity to ask any questions and speak with other colleagues about their experiences etc. The MS Team’s link for these sessions will be shared.

 

 

 

Full details of the Trust’s Health and Wellbeing Provision can be accessed via DAISY

 

25) How does continuous service and reckonable service interact?

An employee is required to have two years (104 weeks) of continuous service in order to qualify for an NHS redundancy payment. This is service where there has not been a break of more than one week (measured Sunday to Saturday). Once the employee has earned the two years continuous service, they then qualify for an NHS redundancy payment. Any service over these two years will then count towards reckonable service, as long as they have not had a break of more than 12 months.

Exclusions - when reckonable service is not counted towards redundancy entitlement.

Reckonable service is not counted when:

  • service is counted previously in respect of a redundancy by an NHS employer
  • any previous employment for which an employee has received NHS pension benefits (including partial retirement or retire and return)
  • loss of office payment
  • MARS severance payment (which is offset against any subsequent redundancy payment).

 

26) Early retirement and redundancy - I have reached the minimum pension age, can I take my pension early?

Redundant employees who have reached the minimum pension age and are members of the NHS pension scheme can, if they wish, take their pension early.

In order to reduce the financial impact of drawing a pension early a payment can be made to NHS Pension Agency.  The payment will be met from the lump sum redundancy payment that the employee would have received.  WHen the cost of this payment is less than the value of the redundancy payment, the employee will also receive any redundancy balance due. However, if the cost of early retirement is more than the redundancy payment due, the employee will have the one-off option to make up all or part of the difference out of their own personal funds.

 

27) How is redundancy pay calculated?

Staff who are made redundant should receive one month’s pay per year of reckonable service, with a maximum of 24 months’ pay (only full years of reckonable service can be counted when calculating redundancy pay as employment for part of a year should be disregarded).

A month’s pay, subject to a total annual earnings floor of £23,000 and cap of £80,000, will be either an amount equal to 1/12th of the annual salary at the date of termination or 4.35 times a week’s pay whichever is more beneficial to the employee.  The calculation of monthly will include contractual payments.

 

28) If my role is made Compulsorily Redundant, how long should I wait before I can obtain another post within the NHS?

Section 16 (England): 16.20 of the NHS terms and conditions of service handbook states that employees are not entitled to a redundancy payment if, at the date of the termination of their contract, they have obtained without a break or with a break not exceeding four weeks, suitable alternative employment in the NHS. We therefore advise that if employees obtain suitable alternative employment within four weeks of the termination of their contract, they would not be entitled to their redundancy payment.

 

29) What happens if individuals want to raise a concern/challenge relating to the proposal/process?

The change manager, your line manager or staff side representative can help if you have any concerns. During a period of organisational change, formal concerns will be reviewed if they are based on procedural irregularities.

If you have any further questions or need more information, please don't hesitate to reach out. If you wish to share further questions to be included in this frequently asked questions document, please contact your line manager or your People Business Partner via email. 

 

List of Staff Side Representatives by Area of Responsibility and Contact Details

 

Name                            Union/Association and                  Contact Details

                                     Area of responsibility

Jim Clawson                 UNISON - Trust wide    jim.clawson@nhs.net

Peter Williamson          UNISON - Langdon    peter.williamson@nhs.net

Caroline Emery             UNISON - Trust wide       caroline.emery@nhs.net

Andy Rives-Roberts     RCN - Exeter        andy.rives-roberts@nhs.net

Jan Colbourne              UNISON - Haldon         j.colbourne@nhs.net

Rachel Holland             BMA - Trust wide       rachel.holland3@nhs.net

Sue Jordan                   UNISON - Torbay      s.jordan@nhs.net

Alice Pearcey               UNISON - Exeter       alice.pearcey@nhs.net

Simon Rafe                      UNISON - Langdon      srafe@nhs.net

Charlie Sloan                  UNISON - Exeter    Charles.sloan2@nhs.net

Queen Okesola             UNISON       elizabeth.okesola@nhs.net

 Joanna Cavill               CSP    joanna.cavill@nhs.net

 Nicholas Bailey          Unite      Nicholas.Bailey@unitetheunion.org

 

v1.0 30 June