Southern Health NHS Foundation Trust. TUPE Outline Paper. In Confidence. Consultation Document

Transcription

1 Southern Health NHS Foundation Trust TUPE Outline Paper In Confidence Consultation Document June Summary: The Transfer of TQ21 Outreach (also known as Vision) Social Care Services provided across Oxfordshire will transfer out to Oxford Health NHS Foundation Trust under TUPE arrangements on an interim basis. Number of Staff Affected: 12 Number of Medical Staff Affected: Nil Author: Donna Schell, Strategic Change Lead and Head of Service, Learning Disabilities Oxfordshire Arlene Meredith, HR Manager 1

2 FORMAL CONSULTATION DOCUMENT Transfer of TQ21 Outreach (also known as Vision) Social Care Services provided across Oxfordshire from Southern Health NHS Foundation Trust (SHFT) (Transferor) to Oxford Health (OHFT) (Transferee). 1. Introduction TQ21, Southern Health NHS Foundation Trust (SHFT) and the former Ridgeway Partnership (also known as Oxfordshire Learning Disability NHS Trust) was the provider of multiple services supporting people with a learning disability and other complex health needs within Oxfordshire for many years. SHFT was clear that the social care services delivered in TQ21 Oxfordshire were of high quality and made a difference to the people we support. The Trust Board has acknowledged the dedication provided by the teams to ensure that people receive the best possible support. SHFT has experienced financial challenges delivering social care services for many years. This has been continually addressed and in recent years this has included restructuring our workforce, reducing management overheads and geographical localities. More recently Terms and Conditions have been amended to meet the financial pressures within the social care market. Although it was not an easy decision to make, SHFT concluded that it would not be able to continue to deliver social care services in Oxfordshire and this was communicated to TQ21 Oxfordshire staff in July The services TQ21 Oxfordshire provide are funded via the Local Authority (Oxfordshire County Council - OCC), and the competitive nature of the social care market has always been a challenge. Following a tendering exercise, OCC had made the decision to take the service in house. It was therefore SHFT s intention to transfer this service to OCC however due to the imminent transfer of the rest of the learning disability services it has been agreed, that the service will in the first instance transfer to Oxford Health (OHFT). This will enable some stability and continuity under the leadership of Jan Tattershaw, Service Manager, until OCC can determine whether the service is taken in-house as originally planned or it go out to tender; at which point OHFT may choose to tender. This decision will take place within the year, July to 2018 The implications of this proposed change of provider are that the staff employed by TQ21 Oxfordshire (Southern Health NHS Foundation Trust, SHFT) working within the Outreach (also known as Vision) service will transfer to OHFT under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). Staff were communicated about the original decision by SHFT not to tender for the services in July 2015 and subsequent meetings have taken place with the Support Manager and pervious Head of Service Claire Mackie. 2

3 2. Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) TUPE Regulations place a duty on both the transferor (SHFT) and Oxford Health to inform and consult representatives of the employees who may be affected by the transfer and measures taken in connection with the transfer. Formal consultation meetings will take place and the opportunity for one to one meetings will also be made available. The Support Manager will arrange these locally. The consultation paper will be discussed with affected employees at the consultation meetings who will have the opportunity to ask general questions and individually specific questions of management. Staff are aware that they are entitled to be accompanied at the meeting by a trade union or staff side representative or a workplace colleague. We also plan to make arrangements for staff to meet with OHFT and will advise staff as soon as we have those arrangements in place. The staff consultation meeting will take place at: 12 th June 2016 at 2pm in Slade House (ground floor meeting room) The consultation document will be sent virtually to Southern Health s JCNC (Joint Consultative and Negotiation Committee) by Arlene Meredith, HR Delivery Manager during the week beginning the 12 th June. It is anticipated that the TUPE transfer will take place on the 1 st July when the existing service provision will transfer to Oxford Health. It is proposed that all TQ21 Oxfordshire, (part of SHFT) substantive employees who currently provide a service within the Outreach (also known as Vision) service will automatically transfer from the employment of SHFT to OHFT. TUPE Regulations are designed to protect the rights of employees in a transfer situation enabling them to enjoy the same terms and conditions, with continuity of employment, as experienced previously. Appendix A details some frequently asked questions (FAQs) regarding employee rights under TUPE. Until the 1 st July, affected staff will remain in the employ of TQ21 Oxfordshire (part of SHFT) and will continue to provide support for the Outreach (also known as Vision) service and continue to access supervision and training as appropriate. 3. Legal, economic and social implications and envisaged measures of the transfer SHFT management team are working closely with OHFT to ensure that the transfer process goes as smoothly as possible and that staff are kept informed. Under TUPE regulations OHFT is required to advise the Transferor (Southern Health) if it is envisaged that any measures may apply in relation to the affected employees in connection with the transfer. TQ21 Oxfordshire (part of SHFT) is required to disclose this information to affected staff and employee representatives as part of the formal consultation. Because the process is within very tight timeframe and this is a care-taking and a temporary situation, we only have limited information about the measures from OHFT and we anticipate very few changes will be made. Any further changes will follow and be cascaded at the earliest opportunity. 3

4 Pension Arrangements will remain unchanged as the transfer will take place between two NHS organisations. Pay Date the 27 th of each month or the preceding Friday when the 27 th falls on a weekend. Terms and Conditions - Terms and conditions will remain unchanged. Entering into discussions or accepting an offer of change is entirely voluntary. 4. Agency usage information In accordance with the TUPE regulations, SHFT must disclose the number of agency workers working within the transferring service temporarily and under the Trust s supervision and direction, the parts of the service in which they work and the type of work that they do. 5. Disclosure of employee liability information to Oxford Health The transferor employer TQ21 Oxfordshire (part of SHFT) is obliged to provide a specific set of information to Oxford Health about the transferring employees normally 28 days before the transfer takes place. We have reached a local agreement to minimise this timeframe due to the unique position we find ourselves in and the small number of staff transferring. This should help Oxford Health to prepare for the arrival of the transferring employees, and the employees also gain because their new employer is made aware of any inherited obligations towards them. The information in question is as follows: The identity of the employees who will transfer The age of those employees Information contained in the statements of employment particulars for those employees Information relating to any collective agreements which apply to those employees Instances of any disciplinary action within the preceding two years taken by the transferor in respect of those employees in circumstances where the ACAS Code of Practice on disciplinary and grievance procedures apply Instances of any grievances raised by those employees within the preceding two years in circumstances where the ACAS Code of Practice on disciplinary and grievance procedures applies. Instances of any legal actions taken by those employees against the transferor in the previous two years, and instances of potential legal actions which may be brought by those employees where the transferor has reasonable grounds to believe such actions may occur. The information above should routinely be given at least 28 days before the completion of the transfer. 6. What happens if an employee does not wish to transfer? Affected staff do have the right not to be transferred to OHFT. However, if they do not wish to transfer their refusal would mean that their employment with SHFT would automatically terminate by operation of law with effect from midnight on the 30 th June (i.e. they would not automatically transfer to OHFT detailed within this 4

5 document). Staff would not be eligible for a redundancy payment or compensation for unfair dismissal. 7. TUPE Consultation Timetable The timetable shown below is indicative and could be subject to change. Event SHFT Informal Meetings with Support Managers and Coordinators (Claire Mackie, Mike Hill and Arlene Meredith) Meetings with Managers and Coordinators to inform them of anticipated TUPE transfers, opportunities to ask questions and / or clarify understanding. Consultation document to be shared virtually with JCNC (Arlene Meredith) SHFT formal consultation meetings (Donna Schell, Jan Tattershaw and Arlene Meredith) consultation document shared affected staff opportunity to discuss general queries with management and HR staff right to be accompanied should they wish Staff side lead for consultation invited to attend Timescale From July 2015 and on-going Week commencing the 12 th June Staff Consultation meeting to be held on: 12 th June at 2pm at Slade House Consultation Document to be placed on the staff intranet pages and staff informed (Arlene Meredith) Feedback regarding the consultation should be shared with and / or sent directly to Donna Schell donna.schell@southernhealth.nhs.uk Week commencing the 12 th June 12 th 23 rd June TQ21 (SHFT) Consultation closes 23 rd June Opportunity for affected staff to have individual 1:1 From 12 th 23 rd June meeting with management if required (to be arranged with local Support Managers). Staff have the right to be accompanied. SHFT disclosure of employee liability information to Week commencing 12 th June Oxford Health Trust including information to enable them to set up staff on their payroll system. SHFT letter to transferring staff to confirm final details of transfer New provider letter to transferring staff to welcome them to their employ and confirm details of transfer. By week commencing 26 th TBC June Employee HR files transferred to the new providers By week commencing 3 rd July Transfer takes place 1 st July 5

6 Useful Contacts Name Telephone Donna Schell Interim Strategic Change Lead Donna Schell Arlene Meredith HR Manager Jan Tattershaw Support Manager Staff who are members of a union may wish to seek advice from their Trade Union Representative. Contact details are: Unison, Oxfordshire Jane Lacey Jane.Lacey@oxfordhealth.nhs.uk Contact number: Southern Health Staff-side Anne Prout: anne.prout@southernhealth.nhs.uk Unite, Regional Office Contact number: RCN Contact number: The Trust s Employee Assistance Programme is Workplace Options who can be accessed as follows: Free phone: , website: Formal Feedback Please send all formal feedback regarding the consultation in writing directly to Donna Schell no later than the 23 rd June. 6