TUPE - from NHS to private sector

General_Grant

An acquaintance has told me about a possible move from the NHS to what will become a private sector company.

The new organisation will be providing services currently provided by an NHS one. Staff could move from the NHS to the new organisation. This seems like a TUPE situation to me.

Apparently the idea is that they will first of all try to "slot in" staff if their current job is matched to a job in the new organisation. If that happens, it appears the member of staff will retain NHS conditions of service (including pension) for some time.

However if there are fewer vacancies than there are people in the pool who could match with the new job there will be a competitive application process for the new ones.

If someone applies in that situation and is not appointed, then they would be considered for a redundancy payment.

It was then said that those who have to apply for the jobs and are successful will not be employed on the same NHS terms as those who are simply slotted in.

Can this be right? Has something been lost in translation when describing it to me? I would have thought that if this is a TUPE situation any staff member who transfers should have the same terms and not just those who did not have to apply for a vacancy.

Any views on this?

Thanks.

getmore4less

Suitable alternative is the key.

Applying for jobs is just like applying for any job it comes with T&Cs, so be carefull in can bypass the redundacy process and you can get conned into applying for jobs.

if you want the same T&C only consider suitable alternatives that have the same T&C's.

Find out who is making the redunadcies and what terms those will be.

If in the TUPE pool look carefully to make sure the job really has been TUPEd acroos and being done in some form.

General_Grant

Thanks for responding.

I think they know about jobs having to be suitable alternatives.

The query was more about the jobs being suitable and someone being appointed after applying competitively from a pool of suitable staff but not having the same continued terms of employment as someone who had been "slotted in" directly to a job without having to apply.

It's about the equity of some people retaining t&c and others not - given that they are all working for the NHS now and moving to another organisation offering the same services. Why should someone who is "slotted in" keep their t&c but someone who succeeds in applying not do so? I find it hard to believe that this can be the case when it seems everyone would move in a TUPE situation.

getmore4less

If not happy with the T&C's on offer they are not suitable alternatives.

Don't get conned into applying for jobs that are not suitable

What happens is they say there is no slot in job, you have to apply for the others or you don't get redundancy.

This is stretching the rules

By applying you bypass the suitable alternative rules 4 week trials etc that redundacy gives you.

I think you have to get them the put you on notice before you consider these alternatives and insist on only being considered for suitable alternatives, why do you have to apply, they should consider you for all that are suitable.

Job, redundacy, T&C's end of the day who can play the game.

There is always the find another NHS job before the TUPE.

General_Grant

Thanks again.

I'll pass the advice on.