This guide provides managers and employees with guidance relating to work trials, how to support these and their roles and responsibilities within this process.
Work trial
A redeployment work trial will last for 4 weeks although this may be extended where the recruiting manager feels that this will not allow for a reasonable period of assessment. The extension period should be for no more than 2 weeks.
During the trial period, the redeployee will remain on the grade and terms and conditions of their substantive contract of employment, funded by their original Service.
A redeployee will not be expected to work more than their contracted hours during a work trial, however, in cases where a redeployee is moving into a post with more hours, this can be discussed with the employee if they wish to agree to the additional hours. The substantive manager and recruiting manager will need to agree who will pay for additional hours. Any additional hours worked will be paid for at the rate of the new post.
If a redeployee is offered a work trial on less contracted hours, they should discuss this with their substantive manager to agree how the balance of hours will be managed. For example, they may agree an alternative where the balance of hours can be worked on a temporary basis or whether a reduction in contracted hours can be agreed for the duration of the work trial.
If a Disclosure or PVG check is required for the new post, this should be carried out in advance of the work trial. Checks should be carried out as soon as possible to ensure no unnecessary delays in starting the trial. Employees are responsible for covering the costs of any PVG/Disclosure checks required.
Redeployees will be discouraged from taking periods of annual leave during a work trial unless accrued leave is being used to facilitate a phased return to work.
During the trial period the recruiting manager should:
- Agree a work plan with the redeployee
- Carry out appropriate induction
- Ensure appropriate support/mentoring is in place
- Ensure regular 1:1s take place to discuss/review progress
- Identify development needs and provide training
During the trial period if a redeployee becomes unfit, they should follow normal sickness absence procedures and notify both the substantive manager and the recruiting manager. If the absence continues beyond 2 weeks, the work trial will immediately cease and, where appropriate, the redeployee will be referred to Occupational Health.
Details of the work trial arrangements will be confirmed by the recruiting manager in writing to the employee. Template letters are available from Human Resources at hrhelpdesk@falkirk.gov.uk.
Completion of a work trial
On the completion of a work trial, the recruiting manager should arrange a review meeting with the redeployee to feed back on the trial and identify any strengths, areas for development and training gaps. The employee may have a representative present at this meeting.
Details of any discussion will be followed up in writing by the recruiting manager and they can contact their HR Business Partner to ascertain if they should also attend. The recruiting manager must also make the substantive manager and HR Helpdesk aware of the outcome of the work trial.
Successful redeployment work trial
Where it is considered that a redeployee meets or is close to meeting the minimum standards required of the post, then they should be offered the post.
There will be no personal pay protection where the new post is graded lower than the substantive post but placing within the new grade will be at a level to minimise any difference. Redeployees accepting a lower graded post or lower hours should be made aware of the pension implications. In some situations a Certificate of Protection of Pension Benefits can be requested however advice should be sought from the Pensions team on this.
A formal offer of employment will be made by the recruiting manager on the new terms and conditions of the post using HR Forms Plus New Appointment Form. The recruiting manager will advise the substantive manager to ensure the previous contract is terminated and that there are no breaks in the employee's service. The substantive manager is responsible for completing the Employee Leaving Post form on HR Forms Plus.
The recruiting manager should refer to the Redeployment Checklist to ensure all relevant steps have been taken.
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Redeployment checklist
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The recruiting manager should also email hrhelpdesk@falkirk.gov.uk to confirm an offer is being made so that the redeployment register can be updated.
Redeployment to a temporary post
Any permanent employee who is redeployed to a temporary post will retain their right to be redeployed to a permanent post with Falkirk Council, should that become available but will have no right to return to their substantive post. This must be included in the offer of any new post.
In these circumstances, the manager of the temporary post will have management responsibility for the employee and will submit a further request for redeployment when required. Any further period of redeployment will be for a maximum of 12 weeks before the end of the temporary contract. This does not apply where the employee was temporarily redeployed on health grounds to facilitate a return to their substantive role.
Extended work trial
If there are doubts about the capability of the redeployee to carry out the duties of the post, then an extension to the trial period may be agreed, to allow for a further assessment to be made.
This should be considered no later than 3 weeks into the work trial to allow discussions to take place with the substantive service regarding continued payment of the work trial beyond the 4 week period or whether this will need to be picked up by the recruiting service.
If an extension is agreed, this should be confirmed in writing to the employee by the recruiting manager. Any extension to the redeployment search would normally be for a maximum of 6 weeks.
Unsuccessful work trial
In cases where the redeployee clearly does not meet the minimum standards required of the post despite appropriate support, training and reasonable adjustments, then the trial will be considered to have been unsuccessful. The recruiting manager will discuss this with the employee and they should also ensure they notify the substantive manager.
Where the employee meets the minimum standards required of the post, but decides against accepting a job offer, the case will be referred back to the substantive line manager for consideration and where relevant, progressed to an appropriate hearing. Alternatively, if there is still time left within the period of redeployment, the employee can continue to apply for suitable alternative posts.
The recruiting manager will notify the substantive manager of the outcome of the work trial and write to the employee to confirm the next steps of the process.