The Council's Organisational Change Policy supports the Council's commitment to full and meaningful consultation with employees and recognised trade unions regarding proposals for organisational change. The policy establishes a fair, transparent and effective process for dealing with such situations and ensures compliance with statutory requirements. 

The Council is committed to open and honest communication with trade union representatives, outlining the rationale for change and the associated proposals. The development of a Business Case in advance of any consultation process is key to this.

There are 2 formats for this Business Case depending on the nature of change proposed:

1. Business Case – Potential Redundancy

This is relevant where the proposed changes may result in a redundancy situation arising. The Employment Rights Act 1996 outlines that a redundancy situation arises where a dismissal is wholly or mainly because the Council:

• has ceased, or intends to cease, to carry on a particular function or role of its business for the purposes of which the employee was so employed or
• has ceased, or intends to cease, to carry on a particular function or role of its business in the place where the employee was so employed or
• requirements for employees to carry out work of a particular kind has ceased or diminished or are expected to cease or diminish or
• requirements for the employees to carry out work of a particular kind, in the place where they were so employed, has ceased or diminished or are expected to cease or diminish.

2. Business Case – Other Proposed Changes

• This may include changes to working patterns, structures, work locations etc.

The guidance below is intended to assist with the completion of either. You should consult with your HR Business Partner as soon as possible about the process to be followed when considering changes impacting on employees and the development of your Business Case.

Outline the background to the proposed change including the drivers for this change including:

• changes in legislation
• change in community need
• budget savings/ efficiencies
• service improvement

Where relevant, identify what costs/ savings are anticipated from the change proposed.

If different models of delivery/ options have been considered, detail these together with an assessment of each.

Include staffing structures (existing and proposed) and explain impact of proposed changes.

Identify impact on workloads across teams affected as below:

• Potential impact on other employees (within same service):
• Specify/ quantify any duties/ tasks which would remain
• How would these duties/ tasks be undertaken in future?
• Designations/ number of remaining employees affected
• How would the impact on any post holders undertaking any additional work be mitigated?
• Any staffing ratios to be considered in line with organisational design principles?
• Would posts need to be redesigned/ grades reviewed?
• Any review of risk assessments required as a result of proposed change?
• Potential impact on other employees (within different service area) eg
• Employees who service a building/ function (such as cleaning or catering staff)
• Those who provide support to the team (eg Customer & Business Support employees)
• Employees who use a building as a base on an occasional basis.

Is there a potential redundancy situation?

• Would the function cease altogether/ would the function in a particular location(s) cease?
• Would the requirement for employees to carry out work of a particular kind cease or diminish/ would the requirement for employees to carry out this work at a particular location cease or diminish?

Where a potential redundancy situation is identified, what alternative approaches have been considered to date/ are available? This could include: voluntary severance, vacancy management, ending temporary contracts, reductions in overtime - further information can be found in the Severance Policy.

Include a proposed timeline for consultation and implementation. Consider:

• Consultation timescales as outlined within Organisational Change Policy – will vary according to nature of change.
• Advice from HR.
• Committee timescales if approval is required by Elected Members. 
• Whether it is anticipated that a redundancy selection process may be required (if there is a reduction in posts required rather than no posts being required).
• Where there may be a transfer of services to/ from an external organisation consider if there is the potential for Transfer of Undertakings (Protection of Employment) (TUPE) regulations to apply.  

The timeline may include:

1. Proposal put to Elected Members (where relevant) or Group Leaders notified
2. Proposed consultation start and latest end date
3. Proposed dates for grading any revised/ new roles
4. Dates for any redundancy selection process required
5. Proposed notification of any redundancies (where required)
6. Proposed date of any dismissals 
7. Proposed date of TUPE transfer. 

A more detailed timeline can be developed in consultation with HR and included in the business case.

Where a potential redundancy situation has been identified from the changes proposed, outline the proposed redundancy pool for further consultation with relevant trade unions.

Set out a rationale in determining each of the proposed pools noted in the table of employees at risk of redundancy. Consider:

• What type of work is ceasing or diminishing?
• Do any other employees do similar work?
• Are there any interchangeable jobs?
• Think about employees who work at other locations/ in other services
• Are there any employees who are on secondment who may be affected?
• Temporary employees
• Employees who are absent due to sickness/ on maternity leave/ parental leave/ other special leave
• If a unique post is identified for redundancy affecting a single employee, depending on the tasks of the role there may be no need to identify a pool.

Pools will be discussed with TUs and where possible agreed in line with legislative requirements.

An initial or full EPIA will be required if you are considering making a change which is likely to impact on people. This covers any new, or revisions to, services, strategies, policies, strategic plans, major programmes, projects, budget and service decisions which are likely to impact on staff / service users / other people. An initial EPIA will indicate if you need to complete a full EPIA. This should be recorded within your Business Case and a copy of the EPIA shared with trade unions during the consultation process.

Consider whether any additional support is required in implementing the changes including:

• Employee counselling
• Additional training if roles are changing
• PACE (Partnership Action for Continuing Employment) – redundancy support service (depending on number of employees potentially impacted).

Share your completed form with your HR Business Partner and Accountant in order that they can give feedback for consideration prior to seeking Chief Officer/ Director approval and sharing your Business Case with relevant trade unions.