There are two categories of at-risk:
Primary at-risk status is for employees at risk of redundancy or who have a medical condition. These employees must take priority over any other internal or external candidates for any position.
Secondary at-risk status is where an employee has pay protection. They take priority over other candidates. They are not given priority over primary at-risk employees.
Redundancy – primary at-risk status
We have a legal duty to minimise the effect of redundancy. We must consider whether there is suitable alternative employment. If offered, there will be an appropriate trial period. Suitable alternative employment will be to a role at the same or a lower grade.
If an employee accepts a role at a lower grade, salary protection will apply.
For more details about salary protection, read the managing change policy.
The employee may lose rights to a redundancy payment if they unreasonably refuse alternative employment.
Employees at risk of redundancy and appointed on a lower grade may remain on the redeployment register. They may continue to apply for other positions.
The employee must state ''secondary at-risk'' status on the application. After two years, if they have not secured a role at their previous grade:
- we will remove them from the redeployment register
- they are no longer able to mark at-risk status
- we will reduce their pay to the maximum of the grade they are in
They will be eligible for future pay increments applied to their grade from that point onward.
Medical capability and disability – primary at-risk status
Employees will have primary at-risk status if they have a medical or health condition. It does not need to qualify as a disability under the Equality Act 2010. We will actively seek opportunities for redeployment within the council. To check at-risk status applies, occupational health (OH) will need to confirm:
- we need to consider redeployment on medical grounds
- the employee is unfit to return to their substantive post for a prolonged period
- there are no reasonable adjustments
- there are no further reasonable adjustments
- OH has designated the employee as being covered by the Equality Act 2010
There is no salary protection for a medical redeployment.
Managers, with HR, will support redeployment for the employee. They will also apply the sickness absence policy and procedures.
If no suitable alternative employment has been secured we may terminate employment due to ill-health. The employee will remain a candidate for redeployment during their notice period.
Currently covered by pay protection – secondary at-risk status
Employees with pay protection go on to the redeployment register. This may be the result of a previous reorganisation or restructuring under the managing change process. Being on the register will allow them to look for alternative roles at their previous pay grade.
The register entry lasts for two years, whilst the employee has pay protection. The employee will mark secondary at-risk status on their applications. The employee receives priority consideration after primary at-risk candidates.
We offer alternative roles on a four-week trial basis. The trial allows the employee and the new manager to assess whether the job is suitable. Both parties should make every effort for the trial period to be successful. Where there are suitability concerns, the trial period may be ended early by either party.
If both parties agree, we may extend the trial period for up to a further four weeks. For example, for a period of retraining.
Before the trial period ends the manager and employee have a review meeting. We will confirm the employee in the post if the trial period is successful. If the trial period is unsuccessful, the employee will return to their substantive post. They will continue on the redeployment register, seeking other roles, for:
- the remainder of their notice period where redundancy applies
- any appropriate period under the absence procedure if the at-risk is due to a disability
- the rest of the period they are on pay protection
Successful internal candidates who are not covered by at-risk status do not have a trial period. The employee will start the new role and follow the normal management processes for a new starter.