Mutually Agreed Resignation Scheme - Section 20

SAVE ITEM
Handshake

24 / 8 / 2016 4pm

A Mutually Agreed Resignation Scheme (MARS) is a form of voluntary severance, designed to enable individual employees, in agreement with their employer, to choose to leave their employment voluntarily in return for a severance payment.

The scheme supports employers by creating job vacancies which can be filled by redeployment of staff from other jobs or as a suitable alternative for those facing redundancy.  It also gives greater flexibility to organisations in managing cost reductions as they address periods of change in light of the tough financial circumstances in which they operate. 

Developing a local MARS

Trusts wishing to run their own local schemes should follow the principles 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 reflect good practice and will support NHS employers in developing local schemes in order to help alleviate the need for future redundancies. 

MARS approval process

In developing their local schemes, employers need to seek approval from HM Treasury and their appropriate oversight organisation for the purposes of MARS:

  • NHS Trust Development Authority (NHS TDA) - NHS Trusts
  • Monitor - NHS Foundation Trusts (FTs)
  • NHS England - Commissioning Support Units (CSUs) and Clinical Commissioning Groups (CCGs)
  • Department of Health - Arms Length Bodies (ALBs), Special Health Authorities and Executive Non-Departmental Public Bodies (ENDPBs).

Treasury approval will not be given unless there is a salary cap of £80,000. This means that for staff with total earnings of more than £80K, the figure used for calculating a MARS payment will be £80K.

NHS Improvement will require notification of any planned MAR schemes.  HM Treasury have delegated authority to the NHS TDA to approve schemes run by NHS Trusts and approval for schemes run by Foundation Trusts will need to be sought from the relevant trust board.

The statutory functions, legal powers and lines of accountability remain separate for the TDA and Monitor. 

TO NOTE: For employers whose oversight organisation is the NHS TDA, delegated authority to approve local MAR schemes has been given by HM Treasury until 31 March 2017.

Local schemes will need to comply with the following criteria for delegated approval:

  • the scheme uses the terms and conditions of the previous national scheme (adjusted for any proposed payment variation)
  • a salary cap of £80,000 will apply.  For staff with total earnings of more than £80,000, the figure used for calculating a MARS payment will be £80,000
  • the local scheme must be strictly time limited both when it is open for staff to apply and when they must leave by
  • employers must ensure that nobody is allowed to leave that potentially puts the service at risk
  • the local scheme must be affordable within the agreed planned financial position for the trust.

Further guidance

Employers developing their own local MARS may wish to view the material developed for the national MARS which ran until January 2011. 

The following guidance aims to support organisations on local implementation and includes:

General FAQs on MARS - what it is, staff applications, payments and the difference between MARS and redundancy, and Electronic Staff Record (ESR) application. Additional FAQs on running a national MARS include eligibility criteria, notice periods, process, payments, leaving and re-employment.

National MARS - this word version includes the original framework for the national scheme, a template application form and guidance on creating a compromise agreement, and is available for trusts to download and tailor in developing local schemes. 

More information

If you are an NHS employer and have any queries about running a local scheme please e-mail agendaforchange@nhsemployers.org  

Please note - employees should address their queries to their local HR department or trade union representative.

 

 

Latest Tweets

Why Register?

Great reasons to register with NHS Employers

  • A personalised website
    Manage your profile and select topics of interest to you
  • Access your dashboard
    Bookmark useful content to help you quickly find what you're looking for
  • Get involved
    Contribute to our Talking Points discussions, comment on and rate our webpages
  • Keep up to date
    Receive the latest newsletters and media summaries

Sounds great, what next?

Register Now

Not now, I will register later

Log In