Need to know
For #TeamEEAST Last updated: 18 May 2024 at 05:33
The Trust has received national approval from NHS England to launch a Mutually Agreed Resignation Scheme (MARS).
This scheme which has been used in other NHS organisations, and previously at EEAST, enables employees to leave with an agreed package whilst creating job opportunities for others in the Trust.
We have decided to launch this scheme in recognition of the impact the past few years has had on colleagues across the Trust. We have also agreed that the culture of the Trust must change, and believe that this will give people the choice to express an interest in this scheme as we prepare to take our next steps forward as an organisation during 2023/24.
At EEAST the scheme will open from tomorrow, 5 April, and will run until 19 April 2023.
Applications are restricted to employees on Bands 8a and above. We may consider applications from employees who are employed in roles below Band 7 in exceptional circumstances. MARS is a voluntary scheme and direct communication will be sent to all staff within the eligible group.
Applications will be considered by a panel against eligibility criteria, the strategic importance of the role and how the Trust can re-recruit to the post, if required.
For more information and the process to apply please see the questions and answers below. Alternatively, for more information, please contact: EEASTMARS@eastamb.nhs.uk.
Questions and Answers
What is a mutually agreed resignation scheme (MARS)? What is the purpose of the scheme? How do the terms of MARS compare with redundancy payments?
A MARS is a scheme under which organisations may offer a severance payment to an employee to leave their employment voluntarily. A MARS helps to increase flexibility for an employer to be able to address periods of rapid change and service redesign.
The MARS scheme is not a redundancy or a voluntary redundancy scheme. Entitlements to redundancy are set out in Section 16 of the NHS terms and conditions of service handbook.
Why is EEAST bringing this scheme in now? Is this a way to remove certain employees from the organisation?
We have decided to launch this scheme in recognition of the impact the past few years has had on colleagues across the Trust. We have also agreed that the culture of the Trust must change, and believe that this will give people the choice to express an interest in this scheme as we prepare to take our next steps forward as an organisation during 2023/24.
It has been well documented that the Trust has had a troubled few years. This has included the involvement of several regulatory bodies such as CQC, HEE, Ofsted and EHRC, raising concerns about the negative culture in the Trust and the impact this culture has had on our people. These concerns have culminated in significant interventions, to improve the culture across the Trust. Alongside these regulatory interventions, the Trust has also had the impact of the Covid-19 pandemic.
MARS has been identified as an appropriate vehicle to assist with the next stages of the East of England Ambulance Service’s (EEAST) cultural improvement journey due to its ability to support the flexibility of the organisation to address periods of rapid change and service re-design, in advance of the implementation of projects such as Time to Lead.
The MARS principles are agreed by the NHS Staff Council and set out in section 20 of the NHS terms and conditions of service handbook. The NHS Staff Council believes that these principles reflect good practice and will support NHS employers in developing local schemes in order to help alleviate the need for future redundancies and to shape the culture of an organisation.
Why is the scheme limited to employees of Band 8a and above?
The scheme is designed to support individual choice and is voluntary with direct communication has been sent to all staff within the eligible group. However, in exceptional circumstances the panel may consider applications from individuals who are employed in roles band 7 and below.
What are the exceptional circumstances?
These are applications that would not have been reasonably foreseen or expected or fit within the boundaries of the applicant criteria such as Band 8a and above. Consideration will only be given to such applications at the Trust’s discretion with no recourse for appeal.
Where exceptional circumstances are considered to apply, this should be explained within with application to the Scheme.
Can Managers approach employees directly to see if they are interested? What if an employee registers an interest in leaving under a MARS and then changes their mind about applying for the scheme?
Managers cannot actively ask staff if they are interested in MARS but can inform staff that MARS is available. If an employee submits an application which is approved and subsequently changes their mind, then their decision to revert will be accepted as the scheme has to be mutually agreed by both parties.
Registering an interest does not commit employees to proceeding with MARS. Employees can withdraw their application at any time up to the point that they sign an agreement.
What about employees currently absent from their organisation – will they be able to apply?
Employees who may be away from the business, including those on annual leave, maternity leave, sickness, external secondment, or unpaid leave, will be eligible to apply for MARS and will be made aware of the scheme either through their Line Manager or Welfare support.
If an individual is concerned they may not have enough time to complete a MARS application prior to the deadline on 19 April 2023, please contact EEASTMARS@eastamb.nhs.uk
Can employees apply for the scheme if they have already indicated their intention to leave the organisation prior to the launch of the scheme?
Where an employee has already formally given notice of their intention to resign/retire, prior to the date when applications are formally being sought, they are not eligible for MARS.
What is the process following application?
Please see link to Trusts MARS Process for 2023
Who is on the panel and what are the criteria? Can employees appeal any decision made by the panel?
This is detailed in the process document.
There is no right of appeal for MARS.
What if a line manager doesn’t support the application?
The panel are the final decision makers for any applications.
Who do I speak to if I have a question about the scheme?
EEASTMARS@eastamb.nhs.uk is a dedicated inbox that will be reviewed by HR colleagues regularly.
Could employees be classed as redundant, therefore potentially able to claim benefit?
MARS is not a redundancy scheme as it is mutually agreed by both parties and the posts remain within the organisation structure and will be backfilled.
Employees are not being made redundant under MARS as they are leaving voluntarily. The national benefit rules are very complex and depend upon personal circumstances. If employees feel that they may have to rely on benefits, then they should seek advice before submitting an application. They should contact the national benefits helpline for advice: Tel: 0800 055 6688 or visit the Directory, or alternatively contact Citizens Advice on 0844 8487979 for further information.
If employees receive an increment after the closing date for this scheme, will this affect their severance pay?
No, calculations will be based on the date of leaving.
What happens to their pension if employees leave?
Please see Pension Section within Trust’s MARS Process, for any further information please contact NHS Pensions.
Can employees return to work for the same organisation/NHS if they leave under MARs?
Employees who leave the NHS under MARS would not be re-employed under normal circumstances by the NHS in England, in the same or different post, before a period of one month has elapsed. If an individual does return to the NHS within one month, they would be required to repay any MARS payment in full.
Where an employee returns to work for the NHS in England within six months and before the expiry date of the period for which they have been compensated (as measured in equivalent months/part-months’ salary), then an employee would be required to repay any un-expired element of their compensation. This would be reduced to take account of any appointment to a lower grade and reflect net salary. Where an individual returns on reduced hours then the repayment would be on a pro-rata basis.
As a manager, what if an employee approaches me directly for my opinion? (Where I know that I could not support the application because the employee is essential to retain?).
Managers should have honest and compassionate conversations with their staff if approached but be mindful that ultimately, they are not the decision makers, and this responsibility lies solely with the panel. HR Business Partners will be available to support managers with compassionate conversations with staff if required.
Published 4th April 2023
