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									                                 Retirement Policy 65 Years and Beyond




Policy name: Retirement Policy          Policy Number:                   Page   1
Approval Date:
Review Date:
DOCUMENT CONTROL INFORMATION

 NAME OF LOCAL GROUP / FORUM                                          Workforce and Organisational
 APPROVING THE POLICY                                                 Development Group

                                                                      14/12/2007
 DATE OF LOCAL GROUP APPROVAL
                                                                      15/01/2008
 DATE OF IGC AUTHORISATION
                                                                      No later than November 2010
 REVIEW DATE
                                                                      2
 VERSION NUMBER

 RELATED DOCUMENTS
                                                                      K Stanley: HR Manager
 AUTHOR (POLICY FACILITATOR)
                                                                      R Faulkner: Acting Director of HR
 DIRECTOR / POLICY SPONSOR
                                                                      All
 SERVICE UNIT
                                                                      Retirement Policy
 THIS DOCUMENT REPLACES
                                                                      Y
 EQUALITY IMPACT ASSESSMENT
 COMPLETED
                                                                      Y
 IMPLICATIONS FOR IMPLEMENTATION
 COMPLETED
                                                                      Y
 CONSULTATION TRACKING SHEET
 COMPLETED & INCLUDED IN POLICY




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:                                  Page   2
Approval Date:
Review Date:
CONSULTATION TRACKING SHEET

This document must be completed and accompany the policy procedure or guideline
through the final ratification and authorisation process. A copy of this sheet should be
included at the front of the final published policy.

Name of Policy, Procedure or Guideline: Retirement Policy 65 Years and Beyond


Name of person / team /                                  Date request for Feedback       Feedback
committee asked to provide                               feedback sent    received Y/N   incorporated
feedback                                                                                 into policy Y/N
                                                         28/11/2007       Y              Y
Workforce and Organisational
Development Group

                                                         28/11/2007       N              Y
Staff Side

                                                         28/11/2007       Y              Y
Managers

                                                         02/01/2008       Y              Y
EMT




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:                          Page   3
Approval Date:
Review Date:
CONTENTS


Introduction                                                          Page 5
Policy Statement                                                      Page 5
Aims                                                                  Page 5
Scope                                                                 Page 5
Roles and Responsibilities                                            Pages 5-6
Definitions                                                           Page 6
Success Indicators                                                    Page 6
Compliance Monitoring                                                 Page 6
Procedure for Employees Wishing to Retire                             Page 6
Procedure for Employees Requesting to Continue Working                Page 6-8
Implementation Plan                                                   Page 8
Review                                                                Page 8
Appendix 1                                                            Page 9
Appendix 2                                                            Page 10
Appendix 3                                                            Page 11
Appendix 4                                                            Page 12
Appendix 5                                                            Page 13
Appendix 6                                                            Page 14
Appendix 7                                                            Page 15
Appendix 8 – Implications for Implementation of this Policy           Page 16
Appendix 9 – Equality and Diversity Impact Assessment                 Page 17-18
Appendix 10 – Local Group Approval Checklist for New                  Page 19
             or Approved Policies
References                                                            Page 20




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:                Page   4
Approval Date:
Review Date:
1.0         INTRODUCTION
1.1         The NHS Agenda for Change Terms and Conditions set out provision for
            retirement. In addition, the Employment Equality (Age) Regulations determine the
            minimum standards that must be adhered to by law.

2.0         POLICY STATEMENT
2.1         As part of the Employment Equality (Age) Regulations there is a national default
            retirement age of 65 (to be reviewed in 2011). Employees have the right to
            request to work beyond 65 and the Royal Orthopaedic Hospital NHS Foundation
            (ROH) has a duty to consider such requests. Compliance with this Policy is
            mandatory.

3.0         AIMS
3.1         This document forms part of the ROH’s commitment to ensure that it complies
            with the legal requirements by setting out a procedure that can be followed by
            managers for employees approaching the statutory default retirement age.

3.2         This procedure is only applicable to staff approaching the default retirement age
            of 65. Staff may still request to retire before this, but must continue to ensure
            that they give the requisite notice to both the Trust and the Pensions
            Department.

4.0         SCOPE
4.1         All employees of the ROH are governed by this policy.

5.0         ROLES AND RESPONSIBILITIES
5.1         Employee's Responsibilities

5.1.1 It is the employee's responsibility to:

            - Notify their manager, in writing, whether they wish to retire at 65 or request to
              work beyond their 65th birthday

            - Liaise with their manager as appropriate

            - Liaise with the Pensions Department as appropriate

5.2         Manager’s Responsibilities

5.2.1 It is the manager’s responsibility to:

            - Write to the employee between 6 to 12 months before their 65th birthday, to
            advise them of their right to work beyond 65

            - Process the employee’s response

            - Refer to the Human Resources Department for guidance as appropriate

            - Forward details of the Trust’s pre-retirement course to the employee if
            appropriate

            - Promptly complete the associated paperwork for payroll as appropriate
Policy name: Retirement Policy 65 Years and Beyond   Policy Number:                   Page    5
Approval Date:
Review Date:
            - Ensure that a copy of all associated correspondence is placed on the
              employee’s personal file


5.3         Human Resources Department’s Responsibilities

5.3.1 The Human Resources Department is responsible for ensuring that guidance
      and advice is given to managers and employees as appropriate.

6.0         DEFINITIONS

            Default retirement age                                    65 years


7.0         SUCCESS INDICATORS
7.1         The success indicators are the HR key performance indicators and the ROH’s
            internal audit findings.

8.0         COMPLIANCE MONITORING
8.1         Compliance with this Policy will be monitored via audits, which will be undertaken
            periodically in line with the ROH’s audit timetable. In addition, HR key
            performance indicators are reported periodically to the Board.

9.0         PROCEDURE FOR EMPLOYEES WISHING TO RETIRE

9.1         The Line Manager should write to the employee advising them of the date of their
            default retirement age and of their right to make a request to work beyond
            retirement age. This should be done at least 6 months in advance of their default
            retirement date, but no more than 12 months before the intended date. A copy of
            this letter/email should be placed on their personal file. An example standard
            letter / email template is included as R1.

9.2         The employee should confirm to their Line Manager in writing that it is their wish
            to retire and confirm the date that they wish to leave. The Line Manager should
            then confirm the arrangements in writing to the employee. An example standard
            letter / email template is included as R2.

9.3         If the employee belongs to the NHS Pension Scheme, the employee should
            contact the Pensions Department in writing at least three months before they
            wish to retire and confirm their intentions.

9.4         The Line Manager should notify the Payroll Department that the employee
            wishes to retire and complete the appropriate documentation (MMS 4 Form).


10.0        PROCEDURE FOR EMPLOYEES REQUESTING TO CONTINUE WORKING

10.1        The Line Manager should write to the employee using the standard letter / email
            R1.


Policy name: Retirement Policy 65 Years and Beyond   Policy Number:                  Page    6
Approval Date:
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10.2        If an employee wishes to continue working past their default retirement age, then
            they should submit their request in writing to their Line Manager no less than 3
            months before their default retirement date. The request must state whether the
            employee wishes to continue working indefinitely, for a stated period or until a
            certain date. It should be noted that it is the employee’s responsibility to fully
            investigate the implications that this would have for their pension or tax status.

10.3        The Line Manager should write to the individual to acknowledge receipt of the
            request within 28 days of receipt. They should then either meet with the
            employee, or discuss their request on the phone. An example standard letter /
            email template is included as R3.

10.4        It In preparation for the meeting or telephone discussion the Line Manager
            should reflect on the reasons why they should either grant an extension or refuse
            it.

10.5        The employee has the right to be supported or accompanied by a colleague or
            Trade Union representative. The individual accompanying or supporting the
            employee must be:

            ▪            Chosen by the employee;
            ▪            Permitted to address the meeting but not answer questions on behalf of
                         the employee;
            ▪            Permitted to confer with the employee during the meeting.

10.6        It should be noted that whilst the ROH is bound to consider the employee’s
            request, there is no guarantee that the request will be granted. However,
            managers should provide feedback on the reasons for their decision as it is good
            employee relations practice to do so. If the manager anticipates that they will not
            be able to accommodate the request they should seek advice from the HR
            Manager prior to meeting or discussing it formally with the employee.

10.7        The manager should confirm their decision in writing to the employee within one
            working week of the meeting taking place.

10.8        If the manager has decided to accept the employee’s request they should write
            to them confirming this, stating the pattern of work and when the new intended
            retirement date will be. An example standard letter/email template is included as
            R4. The manager should ensure that they have completed the appropriate
            paperwork for payroll and that a copy is sent to the Human Resources
            Department for an amendment to contract to be issued.

10.9        If the manager has decided to refuse the request they should seek advice from
            the HR Manager before sending a letter to the employee that confirms this. The
            letter should confirm that the default retirement date will be adhered to and state
            the date that this will take effect from. An example standard letter/email template
            is included as R5.

10.10 If the request has been refused the employee has the right to appeal against the
      decision. They should put their appeal in writing to the Executive Director who
      has overall responsibility for the service area.

Policy name: Retirement Policy 65 Years and Beyond   Policy Number:                    Page   7
Approval Date:
Review Date:
10.11 The Executive Director should acknowledge receipt of the employee’s letter in
      writing, and arrange to meet with them to hear their appeal. Prior to this meeting
      taking place the Executive Director will seek advice from the HR Manager. An
      example standard letter/email template is included as R6.

10.12 The appeal meeting is the final opportunity for the employee to present their case
      to the ROH.

10.13 If the Executive Director decides to accept the employee’s appeal they should
      write to them to confirm this. An example standard letter/email template is
      included as R7.

10.14 If the Executive Director decides to reject the appeal they should confirm this in
      writing to the employee and the date that the retirement is due to take effect. An
      example standard letter/email template is included as R7.

10.15 Alternately, the Executive Director may decide that whilst they cannot
      accommodate the employee’s request there may be compromise solution. The
      Executive Director should write to the employee to confirm that whilst they have
      rejected their appeal they are able to propose a compromise as a final measure
      and give details of this. An example standard letter/email template is included as
      R7. The employee should then confirm in writing whether this is acceptable.

10.16 The Executive Director’s decision at the appeal is the final process.

11.0        IMPLEMENTATION PLAN

11.1        This policy will be published on the intranet, tabled at the Clinical Service Unit
            meetings and training will be offered to managers.

12.0        REVIEW

12.1        This procedure will be reviewed no later than November 2010 by the HR Director
            or a nominated deputy.




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:                  Page    8
Approval Date:
Review Date:
                                                                       APPENDIX 1 – R1



23 October, 2009

Private and Confidential




Dear

I confirm that your default retirement date is [insert date] and that you have the right to
request not to be retired.

I will give careful consideration to any request you may make to work beyond this date,
and would be grateful if you would confirm your intentions in writing, in accordance with
the Retirement Policy which have enclosed for your information.

If you wish to request to work beyond this date I will invite you to a meeting to discuss
this. It should be noted that if your request is refused, I will provide feedback on the
reason for my decision. However, you will have the right to appeal to [insert name of
employee’s Executive Director]. You will have the right to bring a colleague or trade
union representative to both meetings.

Please note that if it is your intention to retire, and you belong to the NHS Pension
Scheme, you should contact the Pensions Department at least three months prior to
[insert default retirement date], in order that they can take appropriate action.


Yours sincerely



LINE MANAGER




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:               Page    9
Approval Date:
Review Date:
                                                                       APPENDIX 2 – R2

23 October, 2009

Private and Confidential




Dear

I confirm in response to your letter dated [insert date] that you wish to retire on [insert
date].

I have notified the Payroll Department that you wish to retire and completed the
appropriate paperwork. If you are a member of the Pension Scheme it is your
responsibility to liaise with the Pensions Department. Please note that the Pensions
Department require at least three months’ notice of your retirement in order to make the
appropriate arrangements.

May I take this opportunity to thank you for your contribution to the department, and
wish you all the best for your retirement.

Yours sincerely



LINE MANAGER




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:               Page   10
Approval Date:
Review Date:
                                                                      APPENDIX 3 – R3


23 October, 2009

Private and Confidential



Dear

Further to receiving your letter dated [insert date], confirming that you wish continue
working past your default retirement age, I can confirm that you are invited to a meeting
to discuss your request. The meeting will be with myself and will take place [insert
details]. You have a right to bring a Trade Union representative or colleague with you to
this meeting.

Please can you confirm your attendance by [insert date].

Yours sincerely



LINE MANAGER




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:             Page   11
Approval Date:
Review Date:
                                                                      APPENDIX 4 – R4


23 October, 2009

Private and Confidential




Dear

Further to our meeting on [insert date], I confirm that your request to work past your
default retirement age has been agreed. The arrangements are as follows [insert
details] and your new retirement date will be [insert date].

Yours sincerely



LINE MANAGER




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:           Page   12
Approval Date:
Review Date:
                                                                      APPENDIX 5 – R5


23 October, 2009

Private and Confidential



Dear

Further to our meeting on [insert date], I confirm that I am unable to accommodate your
request to work beyond your default retirement date.

The reason(s) for this is/are [insert details – advice must be obtained from the HR
Manager prior to inserting these].

You have the right to appeal against this decision. If you wish to do this please can you
submit a letter detailing the reasons for your appeal to [insert name of Executive
Director] by [insert date].

Yours sincerely



LINE MANAGER




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:             Page   13
Approval Date:
Review Date:
                                                                      APPENDIX 6 – R6


23 October, 2009

Private and Confidential

Dear

Further to receiving your letter dated [insert date] notifying me that you wish to appeal
against the decision to retire you, I can confirm that you are invited to a meeting to
discuss your appeal. The meeting will be with myself and will take place [insert details].
You have a right to bring a Trade Union representative or colleague with you to this
meeting.

Please can you confirm your attendance by [insert date].

Yours sincerely



EXECUTIVE DIRECTOR




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:              Page   14
Approval Date:
Review Date:
                                                                      APPENDIX 7 – R7




23 October, 2009

Private and Confidential

Dear

Further to our meeting on [insert date], I confirm that I am un/able to accommodate your
request to work beyond your retirement date. /The reason(s) for this is/are [insert
details]. However, an alternative solution may be [insert details]. Please could you
confirm in writing whether you wish to accept this alternative or would prefer to
retire./Your retirement will be on [insert date]/ The arrangements are as follows [insert
details] and your new retirement date will be [insert date].


Yours sincerely



EXECUTIVE DIRECTOR




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:             Page   15
Approval Date:
Review Date:
                                                                      APPENDIX 8

IMPLICATIONS FOR IMPLEMENTATION OF THIS POLICY

This document must be completed and accompany the policy, procedure or guideline
through the final ratification and approval process.

Date: November 2007

Name of Policy: Retirement Policy 65 Years and Beyond

Name of Policy Facilitator: K Stanley: HR Manager

Name of Policy Sponsor: R Faulkner: Acting Director of HR

The following points include those aspects that need to be considered prior to the
authorisation of this policy:

Staffing issues arising from implementation of this policy:

None


Training issues arising from implementation of this policy:

Training & Development Department to provide training either in-house or external
company.




Funding / Cost Issues arising from implementation of this policy:

Human Resources Budget will need allocation to support policy



Barriers to implementation of this policy:

None



Implications on other services or processes from implementation of this policy:

None




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:       Page    16
Approval Date:
Review Date:
                                                                                  APPENDIX 9

EQUALITY IMPACT ASSESSMENT FORM

Name of Policy: Retirement Policy 65 Years and Beyond

Date Form Completed: 23 November 2007

Name of Policy Facilitator / Policy Sponsor: R Faulkner: Acting Director of Human
Resources/ K Stanley: HR Manager
Question                                                  Response

Do the stakeholders of the policy include different and               Y
minority groups of people, for example, disabled individuals,
different ethnic backgrounds or different religions (Y/N)
Have any of the above groups of individuals been involved             Y
in the consultation process (Y/N)
Who are the intended recipients of the policy - staff and / or
service users (Please Provide Details)                                All Staff


Who are the actual staff or service users who will be
affected and / or benefit by the policy (Please Provide               All Staff
Details)

Have specific benefits / implications of the policy on minority       Y
groups been considered as part of the policy development
process (Y/N)
Have any literature searchers been carried to ensure the              Y
policy specifically encompasses the requirements of minority
groups (Y/N)
Is there or could there be any disadvantage or adverse                N
impact experienced by any group of people or individuals
based on the content or requirements of this policy (Y/N)
Are there any aspects of the policy that could be changed or          N
removed to reduce any disadvantage caused (Y/N)
Have any specific modifications to the policy already been            N
made to reduce the risk of disadvantage, discrimination or
potential adverse impact upon any group of people (Please
Provide Details)

Could the contents or requirements of this policy potentially         N
lead to any direct or indirect unlawful discrimination (Y/N)
Is the proposed policy specifically intended to increase              N
equality of opportunity by some groups (Y/N)
Do any steps need to be taken to counter any potential                N
resentment this policy may cause (Y/N)




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:                  Page   17
Approval Date:
Review Date:
Conclusions:
Can this policy be considered to support and promote equality         Y
and Diversity within the Trust (Y/N)




Policy name: Retirement Policy 65 Years and Beyond   Policy Number:       Page   18
Approval Date:
Review Date:
                                                                                               APPENDIX 10

          Local Group Approval Checklist for New or Renewed Policies

  Name of Policy: Retirement Policy 65 Years and Beyond

  Date Form Completed: 23 November 2007

    Name of Policy Facilitator / Policy Sponsor: R Faulkner, Acting Director of HR/
    K Stanley: HR Manager
                                  Question                                Response Y/N
Does the policy have the appropriate approved front cover layout               Y
including the ROH NHS Foundation Trust Logo
Is the policy written in 12 point arial font                                   Y
Is there a completed consultation tracking sheet included at the front of      Y
the policy
Is there a completed document control information sheet included at the        Y
front of the policy
Has a completed equality impact assessment form been completed and             Y
a copy provided to the group
Has an implications for implementation form been completed and a               Y
copy provided to the group
Has a review date that is a maximum of 2 years from the date of                Y
ratification / approval been included in the document control information
Are the pages in the policy numbered                                           Y
Is the policy name included in the footer
Does the policy include success indicators for the purposes of future          Y
monitoring and to be used to undertake audits of compliance
If this policy replaces a previous document, have the results of a
previous audit of compliance (undertaken in the previous 2 years) been
provided to the group
Does the policy include an implementation plan including timescales            Y
and responsible leads
Does the policy include references                                             Y


Additional
comments
from the
group
approving
the policy
Name of group approving the policy
                                                                        Workforce and Organisational Development
                                                                                         Group
Chair of the group approving the
policy                                                                               Director of HR
Signature on behalf of the group

  Policy name: Retirement Policy 65 Years and Beyond   Policy Number:                                    Page   19
  Approval Date:
  Review Date:
REFERENCES

Agenda for Change NHS Terms and Conditions of Service Handbook.

ACAS (2006). A Guide for Employers: Age and the Workplace. London: ACAS.

The Employment Equality (Age) Regulations 2006.

The Employment Equality (Age) (Amendment) Regulations 2006.

The Employment Equality (age) (Consequential Amendments) Regulations 2007.




Policy name: Retirement Policy   Policy Number:                            Page   20
Approval Date:
Review Date:

								
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