Peninsula Community Health Leavers Management Guidance Note Title: Leavers Management Guidance Note Procedural Document Type: Management Guidance Note Reference: MGN 14 CQC Outcome: 13 Version: 2.0 Approved by: JPC (21.05.13) Ratified by: CQSC Date ratified: 17.06.13 Name of originator/author: Carrie Lester, HR Advisor Name of responsible team: Human Resources Review Frequency: 3 Years Review Date: June 2016 Target Audience: Line Managers and All Staff Executive Signature (Hard Copy Only): Quality care, closer to you Registered in England and Wales No: 7564579 Registered office: Peninsula Community Health CIC, Sedgemoor Centre, Priory Road, St Austell PL25 5AS www.peninsulacommunityhealth.co.uk Peninsula Community Health is a not for profit Community Interest Company responsible for providing NHS adult community health services in Cornwall and the Isles of Scilly Contents Item No. Introduction 1. Page No. 3 2. Definitions 3 3. Duties 3 4. Process 3 5. Notice Periods 4 6. Benefits 4 7. Rescinding Resignations 4 8. Retirement 5 9. Termination / Leavers Questionnaire 5 APPENDICES Notice and Acceptance of Resignation Letter A 6 B Record of Equipment and Items issued and returned Form 7 C Termination / Leavers Questionnaire Cover Letter 8 D Termination / Leavers Questionnaire 9 – 10 E Resignation Form (R FORM) 11 – 13 F Employee Retirement Certificate 14 G Equality Impact Assessment 15 – 17 2 of 18 1. INTRODUCTION 1.1 This Guidance Note is to support Line Managers and Employees in their responsibilities for employees who are leaving the organisation in relation to Human Resources, Payroll, Pension and Transport Department processes. 2. DEFINITIONS 2.1 Leaver – An employee who is due to leave the organisation following either voluntary resignation, retirement or the organisation ending their employment. 3. DUTIES 3.1 The following section 4 includes an overview of individual roles, departmental and committee duties including levels of responsibility for the Line Manager and the employee that is leaving the organisation. 4. PROCESS 4.1 Upon receipt of the employee’s resignation (either verbally or in writing) the Line Manager must reply using the standard letter for notice of resignation (see Appendix A). The Manager must ensure that the appropriate paragraph option in respect of leave entitlement at date of termination is selected. 4.2 Confirm with the employee, their last day on duty and last day of service. 4.3 Complete an R Form - Resignation Form (Appendix E) and send to the necessary departments within two working days. Please see MGN 02 – Contractual Paperwork for further guidance on how to complete an R Form. 4.4 It is the expectation of the organisation that were possible all annual leave and TOIL should be taken by the employee during their notice period. Where this has not been possible due to needs of the service, dismissal or other extenuating circumstance, any outstanding annual leave/TOIL should be included on the R Form and payment should be received. This is done by extend their notational end date with the organisation. Please see MGN 2 – Contractual Paper work for further information. 4.5 Arrange for uniform, identification badge(s) and other organisational property, e.g. laptop computer, locker keys, pagers, etc. to be returned on their last day on duty and record the return of these items using the ‘Record of Equipment and Items Issued and Returned Form’ (Appendix B). 4.6 Employees who are leaving the organisation who currently have a lease car must ensure that they contact Transport Services and notify them of their intention to leave the organisation and their final day. Lease cars must be return to Transport Services prior to the last day of service as insurance will cease from this point. Please contact Transport Services on 01208 251494. 4.7 Contact the IT Service to have access to systems removed from a specified date. CITS Service Desk telephone number is 01209 88 1717. 3 of 18 4.8 Wherever possible, obtain a forwarding address where an employee is moving out of the area. This should be included on the ‘R’ form. 4.9 Ensure the employee has completed any final claim forms for outstanding payments e.g. travel expenses, special duty payments, etc. 5. NOTICE PERIODS 5.1 If the employee has given less than the required period of notice (please see table below) the manager must ensure that the Payroll Department is contacted to freeze pay until the ‘R’ Form is received by Payroll. Where there is the potential for overpayment, Managers must contact payroll to freeze the final payment. 5.2 The notice that an employee is required to give the PCH and are entitled to receive from the PCH to end their employment depends upon the Band of the post notice periods are as follows: Bands 1 to 6: Employee is required to give 4 weeks notice to PCH PCH will give employees 4 weeks notice. After 4 years continuous service, the notice entitlement from PCH to an employee will increase by 1 week for every completed year of service to a maximum of 12 weeks. Bands 7: Employee is required to give 8 weeks notice to PCH PCH will give employees 8 weeks notice. After 8 years continuous service, the notice entitlement from PCH to an employee will increase by 1 week for every completed year of service to a maximum of 12 weeks. Bands 8 and 9: Employee is required to give 12 weeks notice to PCH PCH will give employees 12 weeks notice. 5.3 There is no entitlement to notice or payment in lieu of notice in the event of summary dismissal. Should the employee leave without giving proper notice and without the agreement of their manager, PCH reserves the right not to pay you for each day not worked during the notice period, however all statutory payments will be made. 6. BENEFITS 6.1 Any entitlement to benefits derived from a person’s employment will cease from the termination date (excluding pension rights). 4 of 18 7. RESCINDING RESIGNATION 7.1 An employee should be informed that any request to rescind the notice of termination must be in writing and that there is no automatic acceptance of this request. Each case will be determined individually by the Manager and there is no right of appeal against this decision. 8. RETIREMENT 8.1 For resignations of employment where the employee is retiring, a minimum of 4 months is required in order that the Pension Department is given sufficient notice to action pension benefits. The ‘R’ Form should be completed immediately to ensure that the retirement certificates can be ordered and delivered. This will guarantee the certificate will be ready for presentation on the employee’s retirement date. 8.1 Retirement Certificates will be provided in the forename held on the Electronic Staff Records (ESR) system. If the employee is known by or uses another forename, this should also be entered on the ‘R’ Form for inclusion on the certificate. 9. TERMINATION/LEAVERS QUESTIONNAIRE 9.1 As part of the continuous evaluation of the recruitment and retention of employees, when an employee’s notice of resignation is received, the manager must ensure that the employee receives a copy of the Termination/Leavers Questionnaire and explanation letter. (Appendix C & D) 9.2 This Questionnaire is completely confidential and will only be processed through the Workforce Directorate. 9.3 The purpose of the questionnaire is to enable us to make suggestions for improvements to be made within the working environment. 9.4 All employees should have the opportunity to discuss their views with a member of the Workforce Directorate or their manager at a leaver’s interview if they require one, although this is not compulsory. 9.5 Completed questionnaires should be returned in a sealed envelope to: Workforce Information Manager, Level 4, Sedgemoor Centre, Priory Road, St Austell, Cornwall, PL25 5AS 5 of 18 APPENDIX A Dear NOTICE OF RESIGNATION I acknowledge receipt of your letter of (insert date) stating your intention to resign from your post of (insert job title), as of (insert date) and (I have forwarded/shall be forwarding) the appropriate paperwork to facilitate your request. Option 1 Upon review of your annual leave entitlement, at your date of leaving you will have (insert number) hours left, which must be taken before your leaving date. Option 2 Upon review of your annual leave entitlement, at your date of leaving you will have (insert number) hours left. If, due to service needs, this cannot be taken before your last day, you will receive payment in lieu. Option 3 Upon review of your annual leave entitlement, at your date of leaving you will have taken your full entitlement. Option 4 Upon review of your annual leave entitlement, at your date of leaving you will have taken over and above your allocation by (insert number) hours. This will be deducted from your final payment. I must advise you that at any time on or after your due leaving date, your entitlement to benefits which may have derived from your employment (other than pensions) will cease. Peninsula Community Health cannot accept, other than in writing, a request to rescind the notice of termination. Where such a request is made, there is no automatic acceptance of this request. Each case shall be determined individually and there is no right of appeal against this decision. May I take this opportunity to wish you well in the future and to thank you for your contribution to the organisation. Yours sincerely (Insert Name) (Insert Job Title) 6 of 18 APPENDIX B Record of Equipment and Items issued and returned Name:-------------------------------------------------------------------------------------------------------Designation:-----------------------------------------------------------------------------------------------Base:--------------------------------------------------------------------------------------------------------Start Date:------------------------------------Leave Date:---------------------------------------------Manager:---------------------------------------------------------------------------------------------------- Item Issued by: Name and designation Date Issued Date Returned Uniform Description Keys: Office Filing cabinet Office Drawer Pool Car Electronic Equipment E.G laptop, phone, printer, encrypted memory stick Files Folders File Notes Work Diaries Annual Leave card ID Badge Swipe card Car Park Pass Smart Card Lease Car Other items EG books Remove access to all IT Systems e.g. ESR, PAS *Note for Manager: Close Email account Manager……………………… Date actioned ……………….. 7 of 18 APPENDIX C Confidential Dear …………………. TERMINATION/LEAVERS QUESTIONNAIRE COVER LETTER To enable the Organisation to continuously evaluate the recruitment and retention of employees and to make suggestions for improvements to be made within the working environment, we are interested to find out from employees why they are leaving our employment. Please therefore complete the attached Termination/Leavers Questionnaire as fully as possible and return it to the address below as soon as possible. This Questionnaire is completely confidential and will only be processed through the Workforce Directorate: Workforce Information Manager Peninsula Community Health Level 4 Sedgemoor Centre Priory Road St Austell PL25 5AS In addition to completing the Termination/Leavers Questionnaire, if you would like the opportunity to discuss your views in more detail, please contact the Workforce Directorate (as shown below) to arrange a meeting, or alternatively you may prefer to discuss the issues with your manager: Workforce Directorate Workforce Information Manager Tel: 01726 627631 Thank you for your assistance. Yours sincerely 8 of 18 APPENDIX D Termination / Leaver Questionnaire Confidential To the departing employee: We would appreciate you completing this questionnaire, which is confidential, and you may remain anonymous. 1: Personal Details Name Post Ward/Department & Location Service Corporate, Community Health Services, Finance, Service Improvement, Dentistry, HQ Admin, Primary Care, Public Health * delete as appropriate Leaving date Length of Service Length of service in current post with organisation (including predecessor organisations) 2: Reasons for leaving Please mark up to three reasons. Please state what you would rate as the first, second, third most important reasons for leaving. Please indicate by placing 1,2,3 in the blank column. Offered another job Career Change Lack of opportunity for development/ promotion Poor relationship with supervisor Poor relationship with colleagues Early Retirement Pay & conditions Stress of Job Travelling difficulties Hours not suitable Maternity Leave Childcare / Carer Responsibilities Ill health Retirement Not treated fairly / equitably To undertake courses / training End of contract Travelling / Leaving Area Health & Safety issues Workload / expectations of role Inadequate pay Other (please specify) 3: Present employment What do you like the most and the least about your present job with Peninsula Community Health, please state up to three answers and prioritise by in order of 1,2,3. Most enjoyable Pay & Conditions Working relationships Location Job content Flexible working Training / development Least enjoyable Pay & Conditions Working relationships Location Job content Flexible working Training / development 9 of 18 4: Exit Interview Please state yes/no I have been offered an Exit Interview with my Line Manager I accepted the offer of an Exit Interview 5: Additional comments Please state (1) Strongly Agree (2) Agree (3) Neither agree/Disagree (4) Strongly Disagree I have been able to voice my opinions and influence change in my area of work I have always been involved in decisions that affect me in my area of work My Line Manager has always welcomed ideas that I have put forward People can speak their minds about how things are in the Organisation Communication is good and I know what was happening in the Organisation Adequate facilities and flexibility exists to fit work around my family life The Organisation has encouraged me to learn and develop I have regularly discussed my objectives and performance with my Line Manager I have encountered no violence or aggression in the course of my work 6: How do you rate PCH as an employer on the following points? Very Good (4) Good (3) Fair (2) Poor (1) Pay & Conditions Annual Leave Sick Pay Pension scheme Communication within Department Communication within Organisation Induction Flexible working Training Development Opportunities Job security 7: Your future employment / Destination on leaving (please tick appropriate box) Other NHS employment Non-NHS employment Relocation due to partners job Other (please specify Retirement Unemployed Travelling 8: Additional Comments ……………………………………………………………………………………………………….. ……………………………………………………………………………………………………….. ……………………………………………………………………………………………………… . Signed: ……………………………………………. Date: …………………... Thank you for taking the time to complete this questionnaire, we value your feedback Return to: Workforce Information Manager, Sedgemoor Centre, St Austell PL25 5AS 10 of 18 R APPENDIX E RESIGNATION / TERMINATION / LEAVERS FORM Complete all white sections – send form to Workforce Information, Peninsula Community Health, Room LG015, Truro Health Park, Infirmary Hill, Truro, TR1 2JA ESR Pay number: EMPLOYING TRUST: Peninsula Community Health (PCH) Pay Period Actioned: Monthly BASE…………………………………………………………….. SECTION ‘A’ – LEAVER’S PERSONAL DETAILS Forwarding Postal Address (for forwarding P-45) Surname ………………………..………………………….. ……………………………………………………………………………… ……………………………………………………………………………… Forename(s) ……………………..…………………….….. ………………………………………………………………………… Title: Dr/Mr/Mrs/Miss/Ms ………..……………………… Postcode: Tel No: NI or Employee Number ……………………..…………. Tick Contract Full-time Job Title……………………………… Note name and work locations of any other jobs held by this Leaver in this organisation: Pay Grade…………………………… Part-time ………………………………………………………… Start Date of this Job……………… Annualised ………………………………………………………… Contract Hours……………………... Bank SECTION ‘B’ – LEAVING DETAILS Tick reason for leaving (and enter code from overleaf where applicable) Tick destination on leaving (and enter code from overleaf where applicable) Enter Code Death Redundancy Dismissal Retirement End of Fixed Term Voluntary Resignation Pregnancy Other describe Other health related sector Self Employment Prison Service Abroad Armed Forces Another Sector Other NHS organisation (please state Trust) ANNUAL LEAVE POSITION AT TERMINATION (Enter in hours or days only) Enter Code Any other destin. please describe Additional Information 1. NUMBER DAYS WORKED PER WEEK / FORTNIGHT 2. LAST WORKING DAY Include any off duty days that immediately follow Days Hours 3. ANNUAL LEAVE ENTITLEMENT UP TO LAST WORKING DAY Lease Car Holder? ( YES / NO ) 4. ADD ANY LIEU DAYS OWING 5. DEDUCT ANY LEAVE DAYS TAKEN THIS YEAR ‘PAID TO 6. BALANCE (either OUTSTANDING or OVERTAKEN) 7. PLANNED / LAST DAY OF SERVICE NB extend service to include outstanding leave etc, I.e. item 2 + 6 DATE’…………….…………. To be completed by Payroll Services or Human Resources SECTION ‘C’ – FOR COMPLETION BY AUTHORISED SIGNATORY ONLY, NOTE YOUR DETAILS AND SIGN 'Has employee received Relocation Expenses within last two years? YES/NO' For Office Use If YES, please notify the Human Resources Department immediately Workforce PRINT NAME Job Title SIGNATURE Date Date resignation / notification received; Pay officer S.Pay Officer Initials Date PAGE 2 Reason for leaving codes Bank staff not worked Death in Service BN D Retirement – Ill Health RI Retirement Age RA Voluntary Early Retirement – No Actuarial VE Dismissal – Capability DC Dismissal – Conduct DD Dismissal – Some Other Reason DO Voluntary Resignation – Adult Dependants VA Dismissal – Statutory Reason DS Voluntary Resignation – Better Reward Package VB T Voluntary Resignation – Child Dependants VC E Voluntary Resignation – Health VH Voluntary Resignation – Incompatible Working VI Reduction Select and Enter Reason for Leaving Code on R-Form Voluntary Early Retirement – with Actuarial VEA Reduction Employee Transfer End of Fixed Term Contract End of Fixed Term Contract – Completion EC of Training Scheme Relationships EW Voluntary Resignation – Lack of Opportunities VL ER Voluntary Resignation – Other/Not Known VN End of Fixed Term – Other EO Voluntary Resignation – Promotion VP Flexi Retirement FT Voluntary Resignation – Relocation VR Pregnancy P Voluntary Resignation – To undertake further VF End of Fixed Term Contract – End of Work Requirement End of Fixed Term Contract – External Rotation education/training Redundancy – Compulsory RC Voluntary Resignation – Work Life Balance VW Redundancy – Voluntary RV Other – Initial Pension ended OI OS No Employment NE OP Other Sector - Other Public Sector OU OR Other Sector - Other Private Sector OV OG Other Sector – working in Education Sector OE AE Other Sector – undertaking further Education & OT Destination on Leaving Codes Other Health Related Sector – Social Select and Enter Destination on Leaving Code on R-Form Services Other Health Related – Private Health/ Social Care Other Health Related Sector – Return to Practice Other Health Related Sector – General Practice Abroad – EU Country Training Abroad – Non EU Country AN DISTRIBUTION REQUIREMENTS Send the signed original and one copy to: (retain copy of signed form for P–file) Workforce Information Peninsula Community Health, Room LG015 , Truro Health Park, Infirmary Hill, Truro, Cornwall, TR1 2JA PAGE 3 Guidance Notes for Resignations Upon the receipt of the employee’s Resignation, the Line Manager must respond in writing using the standard letter in MGN 14 Leavers Management Guidance Note Please confirm with the employee their ‘Last Working Day’ and ‘Last Day of Service’. The ‘Last Working Day’ is the date of the employee’s last shift/day at work. The ‘Last Day of Service’ includes any outstanding annual leave the employee may have. Once you have written to the employee accepting their resignation, you must complete a Resignation Form (R-Form), ensuring that it is sent to Workforce Information well in advance of the payroll deadline (7th of each month). Poorly completed and late submission of forms will result in overpayment General Rules on completion of R-Forms The ‘Last Day of Service’ date includes any outstanding annual leave. The ‘Last Day of Service’ date is used for salary, service and Pension purposes. The ‘Last Day of Service’ date includes any annual leave outstanding following normal shift pattern. The ‘Last Day of Service’ is not extended where annual leave outstanding would extend past the Fixed Term Contract end date. Outstanding annual leave is then paid. Reference should always be made to the individual’s normal work patterns ensuring the appropriate length of service is credited when extending the Last Day of Service. Any outstanding leave advised as hours should be included in the Last Day of Service by reference of shift pattern. If the employee is transferring trusts and has a lease car, please write in “Lease Car transferring” on the additional information section. Please ensure you complete Reason for Leaving and Destination on Leaving Codes. These are mandatory fields and help the Trust to analyse why staff leave and where they go. Please note if an employee is transferring to another post within the Trust then an R-form is not required (this change should be actioned by a CAF raised by the receiving manager). If you receive late notice of an employee leaving, contact the Payroll Department immediately. The R-Form must be signed by an authorised signatory. Corrections To Resignation Forms Resignation forms can be corrected by completing a Contract Amendment Form (CAF). Complete the CAF in the same way, but in the additional Information column add “Amendment to R Form dated………………. Last Day of Service or Last Working Day should read…..(put in date)”. This would also be the date of change on the CAF. APPENDIX F Employee Retirement Certificate Peninsula Community Health is committed to recognising staff retirement and work contribution. As detailed in the Leavers Management Guidance Note, the ‘R’ Form should be completed immediately to ensure that the retirement certificates can be ordered and delivered. This will guarantee the certificate will be ready for presentation on the employee’s retirement date. As a Line Manager it is your decision how to present this certificate and we would encourage you to discuss this with the retiree as they may prefer not to attract attention. If you are planning on celebrating the retirement with your team, The Communications Team is able to provide support with photographs, media and/or internal communications as appropriate. They can be contacted at pch.communications@pch-cic.nhs.uk, 01726 627666. APPENDIX G EIA Screening form Section Name of Policy to be assessed Officer responsible for the assessment MGN 14 : Leavers Management Guidance Note 1. Briefly describe the aims, objectives and purpose of the policy. 2. Are there any associated objectives of the policy? Please explain. Date of Assessment Carrie Lester, HR Advisor 03/08/2012 Is this a new or existing policy? Previously existing as 2 documents MGN 14 and MGN 14b The aim of this Management Guidance Note is to ensure that the correct process is followed for employees who are leaving the organisation and confirm what the responsibilities are for the leaver and line manager in relation to this process. To ensure that both the leavers and the organisation receives fair treatment in lines with the contract terms and conditions of employment 3. Who is intended to benefit from this policy, and in what way? 4. What outcomes are wanted from this policy? No detriment to employees 5. What factors/forces could contribute/detract from the outcomes? A lack of robust processes to ensure that employees receive the correct amount of pay, notice and annual leave. 6. Who are the main stakeholders in relation to the policy? All Employees All employees, Managers and Trade Unions. 8. Are there concerns that the policy could have a differential impact on RACIAL groups? N 7. Who implements the policy, and who is responsible for the policy? Managers, HR and Trade Unions. Please explain Applies to all employees irrespective of grade or status. What existing evidence (either presumed or otherwise) do you have for this? 9. Are there concerns that the policy could have a differential impact due to GENDER (including TRANSGENDER)? What existing evidence (either presumed or otherwise) do you have for this? N Applies to all employees irrespective of grade or status or gender. 10. Are there concerns that the policy could have a differential impact due to DISABILITY? Applies to all employees irrespective of grade or status or disability. N What existing evidence (either presumed or otherwise) do you have for this? 11. Are there concerns that the policy could have a differential impact due to SEXUAL ORIENTATION? Applies to all employees irrespective of grade or status or sexual orientation. N What existing evidence (either presumed or otherwise) do you have for this? 12. Are there concerns that the policy could have a differential impact due to their AGE? Applies to all employees irrespective of grade or status and age. N What existing evidence (either presumed or otherwise) do you have for this? 13. Are there concerns that the policy could have a differential impact due to their RELIGIOUS BELIEF? What existing evidence (either presumed or otherwise) do you have for this? Applies to all employees irrespective of grade or status or religious belief. N 14. How have the Core Human Rights Values of: To treat all employees equally in situations where they are leaving the organisation. Fairness; Respect; Equality; Dignity; Autonomy Been considered in the formulation of this policy/strategy If they haven’t please reconsider the document and amend to incorporate these values. 15. Which of the Human Rights Articles does this document impact? The right: Yes To life; Not to be tortured or treated in an inhuman or degrading way; To be free from slavery or forced labour; To liberty and security; To a fair trial; To no punishment without law; To respect for home and family life, home and correspondence; To freedom of thought, conscience and religion; To freedom of expression; To freedom of assembly and association; To marry and found a family; Not to be discriminated against in relation to the enjoyment of any of the rights contained in the European Convention; To peaceful enjoyment of possessions and education; To free elections What existing evidence (either presumed or otherwise) do you have for this? 16. Could the differential impact identified in 8 – 13 amount to there being the potential for adverse impact in this policy? Please explain N No N N N N N N N N N N N N N N N N 17. Can this adverse impact be justified on the grounds of promoting equality of opportunity for one group? Or any other reason? 18. Should the policy proceed to a full equality impact assessment? Please explain for each equality heading (questions 8 –13) on a separate piece of paper. N N/A N 17. If Yes, describe why, then proceed to a full EIA. 18. If No, are there any minor further amendments that should take place? No 19. If a need for minor amendments is identified, what date were these completed and what actions were undertaken. N/A
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