TUPE Transfer of Undertaking (Protection of Employment) Transfer of a service results in transfer of staff to protect the employment. Has been a regular feature of our Trust as it has consistently grown in size, and with plans for the joining of HCHC and HPFT during the beginning of next year, further TUPE expected.

Key Information Organisational Change Policy (HRP20) Difficult area of Employment Law Protection of contractual terms and conditions of employment, e.g. hours, annual leave entitlement, pension provision etc. No end date to protection* *Note consultation for Economical, Technical or Organisational reason/voluntary application to new post Guidance for dealing with a TUPE transfer both in and out of the organisation is contained in the Org Change policy – important to consult with staff regarding transfer and any likely measures. Complex area with most recent law revision in 2006, will apply when businesses are sold, combination of two companies to make a third, contract for goods or services is transferred, e.g. contract tender. Contractual term protection including pension provision – doesn’t have to be the same but has to be provided and must be certified by the Government Actuary Department as being comparable to contractual pension scheme.

Additional Notes No redeployment rights as staff member is not ‘at risk’ Refusal to transfer constitutes a resignation from employment New employer can consult to amend contract due to either Economical, Technical or Organisational reason

Recommendations Seek support from HR at the earliest opportunity Keep staff informed with factual information including formal consultation as early as possible

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