Redundancy and Redeployment by dandanhuanghuang

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									     Kent County Council
     Equality Impact Assessments
     Stage 2 – Full Assessment
     Info to come –       UNISON
                          Business Support colleagues



General information
1.      Name/s of policy, procedure, or     Redundancy and Redeployment Policy
        practice:                           (also incorporating Employment Support
                                            Pack, Appeals Against Dismissal on
                                            Grounds of Redundancy and Loss of
                                            Earnings Compensation Scheme.)
2.      Directorate &                       P&D – Employment Strategy Group
        section/unit/division:
3.      Policy Owner:                       Nicola Lodemore

4.      Lead Officer:                       Jenny Dixon

5.      Date of full assessment:            March 2007

6.      Is this a proposed or existing      Existing
        policy, procedure or practice?
Full assessment
7.      If the screening identified any     Yes/No (If yes, what additional information
        gaps in the information, is there   is available, and what does it indicate?)
        any national data available/any     Yes
        experts that can be contacted to    Uncertainty on whether the policy could fail
        provide guidance on the issues?     to meet the needs of/have a differential
                                            impact on staff due to their age and race.
                                            As well as consulting with staff groups (see
                                            below,) we also asked, Employer‟s Forum
                                            on Age for their opinions on this idea. The
                                            results were as follows:

                                            EFA:
                                              Service related provisions legal and
                                               accepted.
                                              For best practice, redundancy payment
                                               should be service- not age-based
                                               (policy complies with this.)
                                              See EFA policy brief „Redundancy
                                               Selection and redundancy payments‟
                                               (March 2007) for further details: Age
                                               regulations mean that redundancy
                                               selection must be based on skills and


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                                             competencies – “Where age or service
                                             related factors are used they should be
                                             subordinate to criteria relating to skills,
                                             competency and performance in order
                                             to reduce potential age discrimination.”

                                         The policy was also compared with the EIA
                                         of similar policies from London Borough of
                                         Tower Hamlets Council. LBTH have
                                         achieved level 5 of the Equality Standard
                                         for Local Government, making them an
                                         example of best practice. The following
                                         are some elements of the EIA that might
                                         be relevant to this work:

                                           LBTH provide a breakdown of the
                                            diversity of HR staff delivering the
                                            policy. KCC could consider this factor.
                                           Length of service is the only barrier
                                            identified for any diversity strand, and
                                            is justifiable.
                                           Employees can provide feedback
                                            through the Council‟s Exit Procedure.

8.   What concerns (if any) are there    Age (younger)
     that the policy, procedure or       Redundancy notice period and payments
     practice:                           are affected by length of service. However
                                         this is legally justified. Bigger issue is that
        May not be legally compliant
                                         experience can be a deciding factor in
        May be having a negative
                                         redundancy selection.
         impact on diverse groups
        May not meet the needs of       Race (BME groups)
         people from diverse groups.     Certain BME groups suffer higher levels of
                                         unemployment – additional positive action
                                         needed?
9.   If a legal basis for any negative   Age discrimination legislation allows
     impact has been identified,         service-related provisions. Redundancy
     summarise here.                     payments based on age are also legally
                                         justified.
10. What evidence do you have to         Anecdotal evidence/informed judgement of
    support your answers to              policy owner.
    Questions (8) and (9)?
                                         Reality checking during the screening
                                         process suggested that this is a problem
                                         for staff from some minority groups, and
                                         positive action needs to be taken to
                                         address it:

                                         - UNITE representative: “Certain BME
                                         groups suffer higher levels of


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                                           unemployment – so any
                                           redundancy/redeployment will be subject
                                           to fewer opportunities…should contain
                                           acknowledgement and possibly additional
                                           positive action procedures in place for
                                           BME colleagues affected.”
11. If a concern has been identified,      Lack of additional support/positive action
    what factors might have caused         for some groups who may be differentially
    the discrepancy between the            affected by redundancy/redeployment
    stated aims of the policy,             situations.
    procedure or practice, and the
    impact it is actually having?
Full assessment
12. Does the policy, procedure or          Could miss an opportunity to promote
    practice miss any opportunities        equality of opportunity for younger and
    to promote equality of                 BME staff groups as above.
    opportunity or good relations
    between different groups?
Consultation and involvement
13. Who needs to be involved in            Expert groups were consulted as above.
    assessing the policy, procedure        The following KCC groups were consulted:
    or practice?                              - Greenhouse (younger staff group)
                                              - UNISON (on behalf of all KCC staff)
                                              - Age Champions group
                                              - Personnel Business Support
                                                  colleagues (for practical implications
                                                  of issues/changes.)

14. How is it proposed to consult          Staff groups:
    and involve relevant service           - Chairs of each group contacted and
    users and/or others on                 support gained.
    assessing the policy, procedure        - Chair asks for volunteers from the staff
    or practice?                           group to join a consultation group.
                                           - JD sends consultation group members
     You will need to liaise with your     the relevant policy documents and notes
     Directorate Lead for Equality         on any particular equalities issues relating
     Impact Assessments when               to the group for them to review.
     developing this proposal, to          - Consultation group, JD and NL meet to
     ensure all consultation activity is   feed back and discuss particular issues
     coordinated across your               picked up at screening and any others.
     Directorate and across KCC as         - JD collects comments from the group
     a whole. Your Directorate Lead        and makes a record of these.
     has a responsibility for working      - This record is signed off as an accurate
     with Corporate Diversity Team         record of the meeting by the staff group
     to ensure all work is properly        chair.
     coordinated across the
     organisation.                         Unison:
                                           - Equality Lead Officer contacted and


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                                        support gained.
                                        - Equality Lead Officer asks for volunteers
                                        and consultation group formed as above.

                                        Age Champions Group:
                                        - Chair invited JD to an Age Champions
                                        meeting.
                                        - JD asked for comments, experiences
                                        and suggestions on the main issues
                                        surrounding age (young and old.)

                                        Personnel colleagues:
                                        - Once consultation above is complete,
                                        issues and suggestions for improvement
                                        taken to business support colleagues for
                                        their comments.
                                        - Comments to be collected and recorded.

15. Confirm that your consultation/     Confirmed with Lawrence Faulkner, CED
    involvement proposal has been       Directorate Lead and Jo Richardson and
    agreed with your Directorate        Clive Lever, Corporate Diversity Team –
    Lead for impact assessments.        February 2007.

Complete this section following consultation and involvement
16. Summarise briefly who was           Greenhouse:
    involved in the consultation, and     Service-related provisions – explain
    the key findings.                      why this is (i.e. exempt from Age
                                           Discrimination Act, rewards
                                           commitment.)
                                          Making younger staff redundant may
                                           go against the council‟s own targets
                                           for employment figures, i.e. NEET.
                                          Experience and skills is often a
                                           redundancy criteria – this could have
                                           a differential negative impact on
                                           younger staff, and may also affect their
                                           redeployment chances. Emphasis
                                           must be on skills rather than
                                           experience. Same for redeployment
                                           positions.
                                          The group generally did not know
                                           about redeployment and priority
                                           consideration.
                                          Should be made clear that this does
                                           not apply to Apprentices/gap year
                                           students etc.
                                          Gender: No allowances made for time
                                           needed to look for a new job.
                                          Potential for Greenhouse buddy to
                                           support during hearings.


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                                       UNISON:
                                       XXX

                                       Age Champions group:
                                         Redundancy selection could also be
                                          discriminatory to older staff – teams
                                          may wish to retain younger staff.
                                         Managers need to be aware of age
                                          and experience equality when
                                          creating redundancy selection criteria
                                          – emphasis on competencies.
                                         Taking experience requirements out of
                                          grade 1-6 jobs should also help with
                                          the redeployment of younger staff.

                                       Business support colleagues:
                                       XXX
17. Following completion of               Complies with legislation
    evidence gathering and
    consultation and involvement,          Does not have a negative impact that
    can you confirm that the policy,       cannot be legally justified
    procedure or practice:
                                           Meets needs appropriately

                                           Where appropriate, actively promotes
                                           equal opportunities, and good
                                           relations between different groups

Complete this section following consultation and involvement
18. If you cannot confirm (17)         While the policy does meet the criteria
    above, what changes are            above, the following changes could be
    required?                          made to further improve the policy:
                                       - Make procedures for redundancy and
                                       redeployment clear and accessible for all
                                       staff.
                                       - Ensure managers consider skills rather
                                       than age and experience when creating
                                       selection criteria.
                                       - Explain reason for service-related
                                       provisions.
                                       - Monitor redundancy and redeployment by
                                       equality strands and consider additional
                                       action for groups who may experience
                                       higher levels of unemployment.
                                       - Make clear in the policy wording who it
                                       applies to (i.e. not apprentices etc.)
                                       - Collect data via exit interviews on
                                       satisfaction with process and any
                                       equalities issues. Feed back to policy


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                                        owner to consider when reviewing policy.
Monitoring arrangements
19. Do you have adequate systems        Yes/No: No
    in place to continue to monitor
    the impact of the policy,           If Yes, please summarise here:
    procedure or practice on diverse
    groups?
20. If not, what monitoring             Equalities monitoring of redundancy and
    arrangements are                    redeployment should be introduced.
    necessary/proposed to
    effectively monitor future
    delivery of the policy, procedure
    or practice?

Additional comments

If you have any additional comments to make, please include here:


SIGNED:

Assessment Lead Officer:


Head of Section/Unit/Division:


Corporate Diversity Team:




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