(see also Civil Service Management Code, Chapter 11 - Leaving the Civil Service)

General

14.1. Termination of employment may occur either voluntarily, through resignation or retirement, or compulsorily. Compulsory termination of employment is the responsibility of the Clerk of the Parliaments and may be by compulsory retirement or dismissal for inefficiency or for a disciplinary offence. The Clerk of the Parliaments may make arrangements to delegate his responsibility under this paragraph.

Voluntary termination

Resignation

Normal notice by members of staff

14.2. Staff in grades equivalent to Civil Service Grade 7 or higher grades who were appointed or promoted on or after 1 April 1990 are expected to give three months' notice of their intention to leave their employment in the House. Other monthly paid staff are expected to give not less than one month's notice and weekly paid staff not less than one week's notice. Notice should be given in writing to the Clerk of the Parliaments, Black Rod or the Head of Office and to the Human Resources Office. As retirement pensions may take up to three months to arrange, staff eligible for a pension are advised to give as much notice as possible to the Human Resources Office in order to avoid delay in payment.

Exit interviews

14.3. When a member of staff resigns from the service of the House he/she will be asked to attend a short exit interview with the appropriate Grade Manager in the Human Resources Office.

Retirement

14.4. Staff may retire from the service of the House and draw their superannuation benefits at any time after reaching the age of 60, within a maximum retirement age of 65. Retention after the age of 65 occurs only in exceptional circumstances. Staff may request that their retirement takes place on the Friday (Saturday in the case of six-day week staff) following the birthday on which they become eligible for a State retirement pension (65th for men, 60th for women) in order that they may qualify for the full benefit of the national insurance retirement pension which is payable from the first Monday after national insurance retirement age. In some cases, however, the qualifying period for the first increase in their House of Lords pension may be affected.

Re-employment following retirement

14.5. Staff reaching the normal minimum retirement age of 60 who wish to retire in order to receive superannuation benefits may, at the discretion of the Clerk of the Parliaments as employer, be re-employed until the age of 65 in a lower grade, so long as they remain efficient and in good health.

Early retirement ­ voluntary

14.6. Detailed grounds and criteria for the various Civil Service categories of voluntary early retirement, as well as information about the relevant superannuation entitlements under the terms of the House of Lords Staff Compensation Scheme, are available from the Human Resources Office. The following is a brief summary:

(1) Flexible early retirement: under this category staff may be invited to retire from the staff of the House on the grounds of structure, limited efficiency or limited postability.

(2) Approved early retirement: under this category staff aged 55 or over with at least 25 years' qualifying service may seek management agreement to retire. In considering applications under this category, the Clerk of the Parliaments and Black Rod will regard the overall efficiency of their Departments and their capacity to serve the House effectively as paramount.

(3) Actuarially reduced retirement: under this category staff aged 50 or over may exercise a right, subject to six months' notice, to retire prematurely on an actuarially reduced pension.

(4) Voluntary redundancy: a pre-redundancy measure to avoid compulsory redundancy.

Compulsory termination

Compulsory early retirement

14.7. A member of staff may be retired before the normal retirement age on the following grounds:

(1) on grounds of limited efficiency;

(2) on structural grounds;

(3) on medical grounds;

(4) on grounds of redundancy.

Details of the financial consequences are available from the Human Resources Office. The following paragraphs are intended to give no more than a summary of the main Civil Service provisions as applied to House of Lords staff. They do not represent a definitive statement on procedures and rights. If required, details of redundancy procedures can be obtained from the Human Resources Office.

Retirement on grounds of limited efficiency

14.8. A member of staff usually in a grade above span A2 (Grade 7) may be retired on grounds of limited efficiency if his or her performance no longer adequately measures up to the requirements of the post, or if there is a failure to carry out duties satisfactorily. The procedures to be followed in cases of limited efficiency differ in detail from those in cases of inefficiency, but in general terms they are similar and include provision for informal prior warnings, a formal warning confirmed in writing, a trial period and the right of appeal to an internal Retirement Board and to the Civil Service Appeal Board. At least 6 months' formal notice will be given.

Retirement on structural grounds

14.9. Staff in the grade of Executive Officer and above may be prematurely retired on structural grounds, for example when there is a bad age distribution in a particular group of staff leading to serious promotion blockage and consequent difficulty in the management of that part of the staff of the House. No one below span A1 (Grade 6) level can be compelled to retire on these grounds; but premature retirement may be used to deal with structural problems at lower levels provided that those retired are prepared to retire voluntarily. As much informal notice as possible and six months' formal notice will be given.

Retirement on medical grounds

14.10. A member of staff may be retired on medical grounds up to the age of 65 except in the case of those who formally retire on or after reaching minimum retirement age (60) and then continue to serve in a re-employed capacity.

14.11. If the employer proposes to retire a member of staff for health reasons or if a member of staff expresses a wish to retire on grounds of ill-health, the case is referred to the HOPOHS together with relevant details and the available medical evidence. If necessary, they will arrange for a medical examination. With the consent of the member of staff, the HOPOHS may seek a report from his or her family doctor or hospital specialist. Under the Access to Medical Reports Act 1988, the patient normally has a right to see such reports.

14.12. If the HOPOHS advise in favour of medical retirement and if the employer decides to proceed accordingly, they will provide the employer with a medical retirement certificate. The member of staff will then be given a minimum of nine weeks' notice of the date on which medical retirement is to take effect.

14.13. A member of staff who can provide medical evidence in support has the right of appeal to the Medical Appeal Board. Staff have the right to be assisted by a trade union representative, relative or friend at the Medical Appeal Board. Such an appeal may lie against a decision in favour of medical retirement or against a refusal by the HOPOHS to certify such retirement.

14.14. No medical details about the reasons for medical retirement are disclosed to the member of staff concerned. If, however, the relevant trade union so desire and if the member of staff consents, a copy of the relevant sickness record and the medical reasons for retirement may be sent in confidence to the headquarters of the trade union.

Redundancy

14.15. Staff will be declared redundant only if there is no suitable post available within the House. Staff who refuse to accept a suitable transfer will be treated as having resigned. Before any decision is made to declare redundant staff in a grade represented by a recognised union, the union will be consulted.

14.16. If it is necessary to select individual staff for redundancy, the selection will be made by an internal board constituted in the same way as an internal retirement board (paragraph 14.23). Staff selected for redundancy who wish to appeal may appeal to the Civil Service Appeal Board before the recommendation of the internal board is confirmed. The CSAB will recommend to the Clerk of the Parliaments whether or not an injustice would be done if the internal board's recommendation was accepted. The CSAB's recommendation will be accepted unless there are overriding factors to the contrary.

Notice in compulsory premature retirement cases

14.17. A person who is retired prematurely will be given as much informal notice as practicable. Established staff will be given six months' formal notice (or pay in lieu of notice); and other staff with between two and five years' service will be given not less than three months' formal notice (or pay in lieu of notice). Other staff with less than two years' service will be given at least the notice required by the contracts of employment legislation.

14.18. Staff serving notice of redundancy will be allowed reasonable time off on full pay to look for alternative employment.

Appeals against compulsory premature retirement

14.19. In all cases of compulsory premature retirement (other than on medical grounds) the member of staff concerned has the right of appeal to an internal retirement board which will in each case be composed of three members of the staff of the House not directly associated with the work of the member of staff. The membership of each board and the arrangements for their consideration of an appeal will be the responsibility of the Clerk Assistant. If the member of staff does not wish to appeal to an internal board, or if an appeal is rejected, formal notice of compulsory retirement or dismissal will then be given to the member of staff. The member of staff will then have the right of appeal to the Civil Service Appeal Board (see paragraph 14.26).

Dismissal on grounds of inefficiency

14.20. Staff may be dismissed on grounds of inefficiency if they have been judged no longer able to discharge their duties efficiently because:

(1) their work performance has deteriorated to an unacceptable standard; or

(2) their frequent absences from work adversely affect the efficient running of the office.

A decision to dismiss a member of staff in either of these circumstances will be taken only after full investigation and with proper safeguards for the member of staff concerned (see paragraphs 10.12-10.18). Dismissal may be with or without compensation. In cases of unsatisfactory attendance, dismissal will be considered only if medical retirement is not appropriate.

Dismissal on disciplinary grounds

14.21. A member of staff may be dismissed either summarily or with notice on disciplinary grounds. No member of staff will be dismissed for a first offence or without notice unless on grounds of gross misconduct (see paragraph 13.23). A decision to dismiss will only take place after the disciplinary procedures have been followed (see paragraphs 13.13-13.37).

Notice

Normal notice by the employer

14.22. Where a member of staff's employment is terminated other than summarily on grounds of gross misconduct and provided he or she has served continuously for one month or more, the following minimum periods of notice will apply:

(1) Monthly paid staff with less than 4 years' continuous service ­ 5 weeks.

(2) Weekly paid staff with:

(a) less than 2 years' continuous service ­ 2 weeks;

(b) 2 years' but less than 3 years' continuous service ­ 3 weeks;

(c) 3 years' but less than 4 years' continuous service ­ 4 weeks.

(3) For all staff with 4 years' or more continuous service the minimum period of notice will not be less than one week for each year of continuous employment plus one week, to a maximum of 13 weeks.

14.23. Staff whose appointment is terminated before the completion of one month's service will be given a period of notice appropriate to their particular circumstances, but not exceeding five weeks for monthly paid staff or two weeks for weekly paid staff. If, for any reason other than summary dismissal for gross misconduct, the minimum period of notice cannot be given, payment will be made in lieu of the unexpired period of notice.

Statement of reasons for dismissal

14.24. When a member of staff is dismissed, the reasons for dismissal will be clearly stated in a letter terminating the appointment.

Appeals against dismissal

14.25. Staff under notice of dismissal on grounds of inefficiency or for a disciplinary offence may appeal to the Clerk of the Parliaments. The member of staff may be assisted in the appeal by a trade union representative or a colleague.

14.26. If an appeal is rejected the member of staff has the right of appeal to the Civil Service Appeal Board (who have agreed to act as the independent appeal board for appeals from House of Lords staff). The Appeal Board will not hear appeals if:

(1) notice is for retirement on medical grounds;

(2) the appellant has been continuously employed in the House of Lords for a period of less than 1 year before the date on which the decision to terminate his or her employment is taken;

(3) the appellant has attained his or her minimum pensionable age on or before the date of notice of termination of employment;

(4) the appeal is against a decision to terminate a fixed term appointment when it expires, when the member of staff has previously agreed in writing before 25 October 1999 to exclude any claim to make such an appeal; or

(5) dismissal follows participation in a strike or other industrial action, official or otherwise.

Staff may also have the right to appeal against compulsory premature retirement or dismissal to an Employment Tribunal or to arbitration at ACAS.

14.27. Further details of the procedures for appeal to the Civil Service Appeal Board are set out in Appendix C to this Handbook and the Civil Service Management Code, Chapter 12 - Appeals and legal representation at public expense.

Last day of service

14.28. Staff will have their last day of service agreed in writing by the Head of Human Resources. On that day arrangements will be made for staff to report to the Human Resources Office to hand in their photographic pass and any car-parking pass they may have. In return, staff will be issued with a day pass (which they must hand in whey they finally leave the Palace of Westminster) and, if appropriate, they will be given their P.45.