NOTICE PERIOD POLICY (HR21)

HR21 – Notice Period Policy
NOTICE PERIOD POLICY
(HR21)
Version 1.2
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HR21 – Notice Period Policy
Document Information
This is a controlled document. It should not be altered in any way without the
express permission of the author or their representative. On receipt of a new
version, please destroy all previous versions.
Date of Issue:
June 2008
Next Review Date:
October 2014
Version:
1.2
Last Review Date:
October 2012
Author:
Directorate or Workforce and Organisational Development
Director(s) Responsible:
Director of Workforce & OD
Approval /Consultation Route:
Joint Consultative Negotiating Committee
(JCNC)
Approved By:
Date Approved:
JCNC
October 2012
Amendment History
Version
Status
Date
1.2
Approved
23 October
2012
Version 1.2
rd
Reason for Change
Extending notice periods Bands 5 6
Authorised
JCNC
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HR21 – Notice Period Policy
CONTENTS
1.
PURPOSE
4
2.
SCOPE
4
3.
EQUALITY IMPACT ASSESSMENT
4
4.
RESIGNATION - NOTICE PERIODS
4
5.
REDUNDANCY – NOTICE PERIODS
4
6.
TERMINATION OF EMPLOYMENT DUE TO ILL HEALTH
4
7.
ENTITLEMENTS TO NOTICE
5
8.
DISCIPLINARY – SUMMARY DISMISSAL
5
9.
PAYMENT IN LIEU OF NOTICE
5
10.
RETIREMENT
5
11.
ACTION BY MANAGERS ON RECEIPT OF RESIGNATION LETTER
5
12.
REVIEW
6
13.
APPENDIX 1 - TEMPLATE RESIGNATION ACCEPTANCE LETTER
7
Version 1.2
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HR21 – Notice Period Policy
1.
PURPOSE
1.1
2.
3.
SCOPE
2.1
The Policy applies to all employees employed on Agenda for Change terms
and conditions of service.
2.2
This policy is not applicable to Temporary Workers, staff not on Agenda for
Change Terms and Conditions and staff covered by Medical & Dental Whitley
Council conditions of service for whom separate provisions apply.
EQUALITY IMPACT ASSESSMENT
3.1
4.
The aim of this policy is to provide guidance on the provision of notice periods,
which take into account the changes agreed under Agenda for Change terms
and conditions of service.
The Trust is committed to preventing discrimination, valuing diversity and
achieving equality of opportunity. No employee will receive less favourable
treatment on the grounds of age, disability, gender reassignment, marriage and
civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual
orientation, or on the grounds of trade union membership’.
RESIGNATION - NOTICE PERIODS
4.1
Members of staff may resign from their post by giving the required period of
notice in writing to their line manager. The resignation letter should detail the
effective date of resignation and the date of the employee’s last working day, if
this is different. A shorter period of notice may be negotiated with the
appropriate manager if it is in the interests of the service.
BAND
Bands 1 - 4
Band 5 - 7
Bands 8 - 9
5.
REDUNDANCY – NOTICE PERIODS
5.1
6.
NOTICE PERIOD
4 weeks
8 weeks
12 weeks
Employees who face compulsory redundancy or whose voluntary redundancy
is accepted or who are retired on organisational change grounds are entitled to
a period of notice on the termination of their contract. This period will not be
less than the statutory minimum period of notice.
TERMINATION OF EMPLOYMENT DUE TO ILL HEALTH
6.1
Version 1.2
Where an employee is dismissed on the grounds of incapability due to ill
health, they will be entitled to a period of notice on the termination of their
contract. This period will not be less than the statutory minimum period of
notice.
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HR21 – Notice Period Policy
7.
ENTITLEMENTS TO NOTICE
7.1
The minimum periods of notice to which an employee is entitled is either the
minimum period determined by statute, this is currently:
(i)
Not less than one week if your period of continuous employment with
the Trust is less than two years.
(ii)
One week for each year of continuous employment with the Trust if your
period of continuous employment is two years or more but less than 12
years.
(iii)
Not less than a maximum of 12 weeks if your period of employment with
the Trust is 12 years or more.
OR
(iv)
8.
DISCIPLINARY – SUMMARY DISMISSAL
8.1
9.
11.
Employees who are summarily dismissed from the Trust on disciplinary
grounds will not be entitled to payment in lieu of notice.
PAYMENT IN LIEU OF NOTICE
9.1
10.
The minimum period of notice you are required to give the Trust
whichever is the longer. Therefore as a minimum all staff will receive 4
weeks notice.
In organisational change dismissal or ill health circumstances the Trust will
consider making a payment in lieu of a period of notice to terminate the
contract of employment, whether the period of notice is the statutory minimum
or an improved period of notice as required under the contract of employment.
RETIREMENT
10.1
Employees wishing to retire, who are eligible for an NHS pension, need to be
aware that the Payroll Service Department requires a minimum of three months
notice to process pension requests.
10.2
In all cases of retirement it is essential that the employee confirm their intention
to retire in writing to their line manager detailing the effective date of retirement
and the date of the individuals last working day, if this is different. For further
information regarding retirement please refer to the Retirement Policy (HR20).
ACTION BY MANAGERS ON RECEIPT OF RESIGNATION LETTER
11.1
The line manager must acknowledge in writing the receipt of the letter. See
Appendix 1 for a template acknowledgement letter.
11.2
The line manager must complete and submit a Termination Form to the Payroll
Department as soon as the final date of employment is agreed, ensuring that
where possible all annual leave entitlement has been taken before the final
date of employment. In some circumstances it may be preferable for an
employee to be paid for outstanding leave and this should be indicated on the
Termination Form.
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HR21 – Notice Period Policy
11.3
12.
The line manager should action the leaver’s checklist contained within the
Leaver’s Procedure Policy (HR22) and ensure that on the last working day
keys, uniforms, equipment and identity badge etc are returned by the
employee.
REVIEW
12.1
Version 1.2
A review of this document will be conducted every 2 years or following a
change to associated legislation or national/local terms and conditions of
service and is the responsibility of the Director of Workforce & Organisational
Development.
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HR21 – Notice Period Policy
13. APPENDIX 1 - TEMPLATE RESIGNATION ACCEPTANCE LETTER
(Notice period being worked)
Dear
Thank you for your letter of resignation which I received on [insert date] confirming that you
wish to resign from the position of [insert job title and department]. I acknowledge that your
date of resignation will be [insert date] and your last working day with the Trust will be [insert
date].
As per your contract of employment you are required to give [insert notice period] and to work
this period, unless otherwise agreed. During your notice period you will continue to be subject
to your terms and conditions of employment.
I will make arrangements to for us to meet in the near future to complete the Leaver’s
Checklist.
I would also like to take this opportunity to thank you for your efforts and contribution during
your time with us and I wish you all the best for the future.
Yours sincerely
Version 1.2
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