FORMAL CONSULTATION DOCUMENT. Transfer of Phlebotomy Services (Hythe) - from Southern Health NHS Foundation Trust to New Forest Healthcare Ltd

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1 FORMAL CONSULTATION DOCUMENT Transfer f Phlebtmy Services (Hythe) - frm Suthern Health NHS Fundatin Trust t New Frest Healthcare Ltd Intrductin In May 2014 the West Hampshire Clinical Cmmissining Grup (CCG) cmmenced a tendering prcess fr the prvisin f Phlebtmy services in 11 gegraphical areas acrss Hampshire. SHFT currently prvide this service alngside Hampshire Hspitals NHS Fundatin Trust (HHFT) and University Hspitals Suthamptn NHS Fundatin Trust (UHS) T prmte a high quality service and t ensure the service meets lcal health needs, the CCG engaged with Health prfessinals, patients and the public in the design f the new specificatin fr phlebtmy services as it is recgnised that phlebtmy is an imprtant aspect f a patients health jurney. Fr thse services currently prvided by Suthern Health NHS Fundatin Trust (SHFT), the CCG have awarded preferred prvider status t New Frest Healthcare Ltd. The new cntract will cmmence n 1 January The implicatins f this change f prvider are that staff wh currently prvide phlebtmy services in the West Integrated Services Divisin within Suthern Health NHS Fundatin Trust (SHFT) will transfer t New Frest Healthcare under TUPE. Transfer f Undertakings (Prtectin f Emplyment) Regulatins 2006 (TUPE) TUPE Regulatins place a duty n bth the transferr (SHFT) and the new emplyer (New Frest Healthcare Ltd) t infrm and cnsult representatives f the emplyees wh may be affected by the transfer and measures taken in cnnectin with the transfer. A frmal cnsultatin perid will cmmence week beginning 17th Nvember A meeting has been arranged fr Wednesday 19 Nvember 2014 where this cnsultatin paper will be shared with affected emplyees wh will have the pprtunity t ask general questins f management and HR. Fllwing this, Staff will be ffered individual meetings t discuss their persnal cncerns r queries. Staff are entitled t be accmpanied at the meeting by a trade unin r staff side representative r a wrkplace clleague. New Frest Healthcare Ltd will cnduct a meet and greet sessin and details will be cmmunicated t staff separately. The cnsultatin dcument will be sent virtually t Suthern Health s JCNC (Jint Cnsultative and Negtiatin Cmmittee) by Brigitte Pitters HR Delivery Manager. It is anticipated that the TUPE transfer will take place n 1 st January 2015, when the existing service prvisin will transfer t New Frest Healthcare Ltd. 1

2 TUPE Regulatins are designed t prtect the rights f emplyees in a transfer situatin enabling them t enjy the same terms and cnditins, with cntinuity f emplyment, as experienced previusly. Appendix A details sme frequently asked questins (FAQs) regarding emplyee rights under TUPE. Until 1 st January 2015 affected staff will remain emplyed by Suthern Health NHS Fundatin Trust. New Frest Healthcare Ltd envisaged actins upn transfer: Suthern Health management are wrking clsely with New Frest Healthcare Ltd t ensure that the transfer prcess ges as smthly as pssible and that staff are kept fully infrmed thrughut. New Frest Healthcare Ltd will be making cntact with affected emplyees t welcme them t the rganisatin and prvide infrmatin abut the rganisatin s prcesses and prcedures in due curse. Under TUPE regulatins New Frest Healthcare Ltd is required t advise the Transferr (Suthern Health) if it is envisaged that any measures may apply in relatin t the affected emplyees in cnnectin with the transfer. Suthern Health is required t disclse this infrmatin t affected staff and emplyee representatives as part f the frmal cnsultatin. The guidance and TUPE legislatin prvides that individual terms and cnditins f emplyment must stay the same unless changes are made n the grunds that there are ecnmic, technical r rganisatinal (ETO) reasns entailing changes in the wrkfrce, allwed by legislatin. The fllwing infrmatin has been prvided by New Frest Healthcare Ltd: It is envisaged there may be a pssibility f a wrkfrce restructure. This will be achieved thrugh nrmal change management and cnsultatin prcesses and as such any f the fllwing measures may als apply:- variatin t terms and cnditins f emplyment changes in lcatin f wrkplace changes in jb functin changes t wrking hurs redundancy redeplyment Pensin Arrangements - Yur pensin within the NHS scheme is prtected up t the pint f transfer. The new prvider has given assurances that they have applied t becme an NHS Emplyer. This will enable emplyees t remain within the NHS pensin scheme. Further details will be prvided as sn as available. Pay Date: Payday is the last wrking day f the mnth. 2

3 Change f base lcatin: There will be a change f base, but it will cntinue t be lcated in the New Frest, these sites and their addresses are listed belw. Initially it is anticipated that the base will be Red and Green Practice. Red and Green Practice Waterfrnt &Slent Surgery Frestside Medical Practice Blackfield Health Centre Hamptn Lane, Blackfield Suthamptn SO45 1XA Jnes Lane Hythe Hampshire SO45 6AW Dibden Purlieu Surgery Beaulieu Rad Dibden Purlieu Suthamptn SO45 4JA Waterside Health Centre Beaulieu Rad, Hythe Suthamptn SO45 5WX Marchwd Surgery Old Malthuse Main Rad Marchwd Suthamptn SO40 4UZ Disclsure f emplyee liability infrmatin t the new emplyer The transferr emplyer (SHFT) is bliged t prvide a specific set f infrmatin t the new emplyer abut the transferred emplyees befre the transfer takes place. This shuld help the new emplyer t prepare fr the arrival f the transferred emplyees, and the emplyees als gain because their new emplyer is made aware f any inherited bligatins twards them. The infrmatin in questin is as fllws: The identity f the emplyees wh will transfer The age f thse emplyees Infrmatin cntained in the statements f emplyment particulars fr thse emplyees Infrmatin relating t any cllective agreements which apply t thse emplyees Instances f any disciplinary actin within the preceding tw years taken by the transferr in respect f thse emplyees in circumstances where the ACAS Cde f Practice n disciplinary and grievance prcedures apply Instances f any grievances raised by thse emplyees within the preceding tw years in circumstances where the ACAS Cde f Practice n disciplinary and grievance prcedures apply. Instances f any legal actins taken by thse emplyees against the transferr in the previus tw years, and instances f ptential legal actins which may be brught by thse emplyees where the transferr has reasnable grunds t believe such actins may ccur. The infrmatin abve shuld be given at least 28 days befre the cmpletin f the transfer. What happens if an emplyee des nt wish t transfer? 3

4 Affected staff d have the right nt t be transferred t the new emplyer and if they d wish t can bject t the transfer. Hwever, if they d nt wish t transfer their refusal wuld mean that their emplyment with Suthern Health wuld autmatically terminate by peratin f law with effect frm midnight n 31 st December 2014 (i.e. yu wuld nt autmatically transfer). Staff wuld nt be eligible fr a redundancy payment r cmpensatin fr unfair dismissal in this event frm either SHFT r New Frest Healthcare Ltd. Cnsultatin Timetable Event Suthern Health Infrmal Cnsultatin with affected staff - Meetings with staff t infrm them f ptential TUPE situatin, pprtunity t ask - Questins and / r clarify understanding. Timescale 14 Octber 2014 Cnsultatin dcument t be shared virtually with JCNC w/c 10 Nvember 2014 Suthern Health frmal cnsultatin meeting - cnsultatin dcument shared - affected staff pprtunity t discuss general queries with management and HR - staff right t be accmpanied shuld they wish - Staff side lead fr cnsultatin invited t attend Cnsultatin Dcument t be placed n the staff intranet pages. Opprtunity fr affected staff t have jint individual 1:1 meeting with management and HR. Staff right t be accmpanied. Feedback regarding the cnsultatin shuld be shared with and / r sent directly t Sarah.lley@suthernhealth.nhs.uk 17 Nvember 28 Nvember 2014 w/c 17 Nvember Nvember Nvember Nvember 2014 Suthern Health Cnsultatin clses 28 Nvember 2014 Outcme f cnsultatin and details f the way frward w/c 1 December 2014 cmmunicated by Sarah Olley Suthern Health disclsure f emplyee liability infrmatin t New Frest Healthcare Ltd including infrmatin t enable payrll system. 4 th December 2014 Suthern Health letter t transferring staff t cnfirm final details f transfer w/c 8 December

5 New Frest Healthcare Ltd letter t transferring staff t welcme them t their emply and cnfirm details f transfer n 1 st January Emplyee HR files transferred t New Frest Healthcare Ltd TBC 1 st January 2015 Transfer takes place 1 st January 2015 Useful Cntacts Name Telephne Staff Side/Unin Office Sarah Olley Sarah.lley@suthernhealth.nhs.uk Brigitte Pitters, SHFT HR Brigitte.pitters@suthernhealth.nhs.uk Frmal Feedback Please send all frmal feedback regarding the cnsultatin in writing directly t sarah.lley@suthernhealth.nhs.uk n later than 28 Nvember

6 APPENDIX A Transfer f Staff t a New Organisatin - Sme Cmmn Questins Q1 A1 Q2 A2 Q3 A3 Q4 A4 Q5 A5 Q6 A6 Q7 A7 Q8 A8 What is TUPE? This stands fr the Transfer f Undertakings (Prtectin f Emplyment) Regulatins. These regulatins prtect the existing terms and cnditins f emplyment f staff wh are transferred frm ne emplyer t anther. D I have t d anything? Yu will be cnsulted n the transfer arrangements and can seek clarificatin n any issue with yur manager r HR department. All the arrangements fr yur transfer will be autmatic. Yu will receive a letter cnfirming yur transfer t the new emplyer with cnfirmatin that yur existing terms and cnditins and cntinuity f service are prtected. Will I have a new cntract? N, yur current cntract and cnditins will remain unchanged. The nly thing that will be different will be the name f yur emplyer. What happens if I d nt want t be emplyed by the new Trust: can I refuse? If yur jb is being transferred t the new emplyer, yu will transfer with it. The legal effect f bjecting wuld be that yur emplyment with Suthern Health will autmatically terminate by peratin f law with effect frm the date f the transfer (i.e. yu wuld nt autmatically transfer t DHFT) and there wuld be n entitlement t either statutry r cntractual cmpensatin. Befre making such a decisin yu shuld seek advice frm HR r yur Trade Unin Representative. Can I apply fr ther jbs within the Trust that I have seen advertised? Yes, yu can apply fr ther vacancies in the Trust in the nrmal manner. Will I be cnsidered a pririty fr Trust vacancies? N, yur jb is nt at risk. It is just transferring t a new emplyer. What if I secure a new jb with the Trust befre the transfer date? Then yur emplyment will cntinue with the Trust and yur vacant pst will transfer t the new emplyer. Is my present pst redundant and can I claim a redundancy payment? N yur pst is transferring t a new emplyer and yur service is cntinuus. Yu are nt eligible fr a redundancy payment. 6

7 Q9 A9 Q10 A10 Q11 A11 Q12 A12 Q13 A13 Hw lng will my rights under TUPE be preserved? There are n time limits impsed n preserved rights unless yu subsequently decide t apply and be appinted t anther psitin with the new emplyer. In this case yu will adpt the terms and cnditins fr the new pst. If there is an rganisatinal change prpsed with yur new emplyer then they will cnsult with yu and issue ntice f the change (this is n different frm a change with yur present emplyer). Will my salary be affected by a transfer? N yur salary will nt change. Will my NHS pensin be affected by the transfer? The Gvernment annunced n 4 th July that the Fair Deal was t be refrmed. In future staff wh are cmpulsrily transferred frm the public sectr will be ffered cntinued access t a public service pensin scheme rather than being ffered a bradly cmparable private pensin scheme. This new plicy came int effect n 4 th Octber Staff wh are members f a public service pensin scheme and wh are cmpulsrily transferred ut f the public sectr, and wh remain cntinuusly emplyed n the delivery f the utsurced service r functin, will remain eligible t be members f their public service pensin scheme. The new plicy applies when staff wh are members f a public service pensin scheme mve frm the public sectr t an independent cntractr byway f a transfer t which TUPE applies. Transferred staff will cntinue t be eligible t be members f the public service pensin scheme and they shuld als cntinue t be eligible t be members f the public service pensin scheme fllwing any subsequent cmpulsrily transfer. What will happen regarding my current wrk pattern? Yur current wrk pattern shuld nt change, althugh yur new emplyer will talk t yu if they envisage any minr changes t this. Yu will have an pprtunity t meet yur current manager ne t ne if there are any issues yu wuld particularly like us t bring t the new emplyer s attentin. I have bked annual leave fr 2014/15 will this be hnured? This wuld reasnably be hnured but yu are advised t speak t yur manager as sn as pssible t cnfirm yur requirements. 7