COSOP Vs TUPE

rosscouk

Hi there,

I currently work for an NHS Primary Care Trust (PCT) and we are being dissolved as part of the current government changes. We are being split into a number of different organisations however I am likely to be eligible to move to a Commissioning Support Organisation (CSS), although I may or may not secure a job as it will be a competitive process. We are being told that the transfer mechanism will be under the Cabinet Office Statement of Practice (COSOP) rather than the Transfer of Undertaking (TUPE). We are being told this is because TUPE doesn't apply because the new organisation is commercial and outwardly focussed. So does this sound correct? Should I be worried about COSOP?

Any opinions would be helpful.
Thanks

getmore4less

I think what matters is the status of the new organization as part of the NHS and all that comes with that, pay scales,pensions T&C etc.

The only thing TUPE does is protect the T&C at point of transfer(job and person) and the key feature which is continuity of service, aafter that anything goes unless in the terms of the contract for the transfer.

What are the COSOP protections and how do they differ form TUPE(service)

Andy_L

http://www.direct.gov.uk/en/Employment/Employees/BusinessTransfersandtakeovers/DG_10026691

"Transfers within central or local government are generally not covered by TUPE. However, the Cabinet Office has a statement of practice ’Staff Transfers in the Public Sector‘ which, in effect, guarantees TUPE-equivalent treatment for any employees transferred.

If you work in central or local government and you are being transferred from the public to the private sector then you are covered by TUPE. In addition, there are other protections from the Cabinet Office’s Statement of Practice ’Staff Transfers in the Public Sector’."

anamenottaken

From April 2013, the Commissiioning Support Service (CSS) organisations are definitely not public sector. It is possible they may be branded with the NHS logo but that is the same as your local GP practice which almost certainly is private sector and they may not even be allowed to do that.

The CSS arrangement is not in the legislation reforming the Health Service and Social Care. There is no legislation to create them - it will just be regular company law - and they may not continue beyond the first year. The whole thing is in chaos.

For the OP, the original transfer is likely to be in the current year, when the CSS arrangement is NHS and therefore COSOP is relevant. It is what would happen on 1 April 2013 which would be TUPE.