CONSULTATION DOCUMENT FOR TRANSFER OF EMPLOYEES. From. Staffordshire and Stoke on Trent Partnership NHS Trust (The Partnership Trust)

Transcription

1 CONSULTATION DOCUMENT FOR TRANSFER OF EMPLOYEES Frm Staffrdshire and Stke n Trent Partnership NHS Trust (The Partnership Trust) T Suth Staffrdshire and Shrpshire Healthcare NHS Fundatin Trust (the Fundatin Trust) under "Transfer f Undertakings (Prtectin f Emplyment) Regulatins 2006" as amended by the "Cllective Redundancies and Transfer f Undertakings (Prtectin f Emplyment) (Amendment) Regulatins 2014". Page 1 f 9

2 CONTENTS PAGE 1 Intrductin 3 2 Backgrund and reasns fr the change 3 3 "Transfer f Undertakings (Prtectin f Emplyment) Regulatins 2006" as amended by the "Cllective Redundancies and Transfer f Undertakings (Prtectin f Emplyment) (Amendment) Regulatins 2014" TUPE Prcess 3.2 Terms and Cnditins f Service 3.3 Pensins 3.4 Due diligence 3.5 Legal, Ecnmic and Scial implicatins f the transfer 4 Measures envisaged in cnnectin with the transfer Prpsed date f transfer 7 6 Emplyees affected by the TUPE transfer 8 7 Cnsultatin arrangements 8 8 Timescales 9 Page 2 f 9

3 1. Intrductin This dcument prvides infrmatin as a basis fr cnsultatin with recgnised Trade Unins and affected emplyees regarding the TUPE transfer f emplyees wh are currently emplyed by Staffrdshire and Stke n Trent Partnership NHS Trust (The Partnership Trust) t Suth Staffrdshire & Shrpshire Healthcare NHS Fundatin Trust (The Fundatin Trust). 2. Backgrund and Reasns fr the change Bth Trusts believe that ne larger rganisatin with a single clear strategic visin will have greater influence in ensuring that mental health and cmmunity services becmes an intrinsic element and catalyst fr the changes needed t deliver the Staffrdshire STP. The Trusts supprt Staffrdshire STP s psitin by agreeing that bringing the tw rganisatins tgether will prvide real pprtunities t make this change happen at pace and break dwn histric and legacy bundaries. The new Trust will be fully aligned with the new cmmissining arrangements currently being implemented within Staffrdshire. As a result f this, bth Trust Bards agreed t the acquisitin f the Partnership Trust by the Fundatin Trust. At time f writing, the acquisitin is subject t the necessary regulatry apprvals. The intended date f acquisitin is 1 st June The term acquisitin is used t describe the legal mechanism by which the tw Trusts becme ne rganisatin. In practice, belw the Fundatin Trust Bard, the tw rganisatins will becme ne by means f a merger f services. The legal mechanism t bring all staff tgether int ne rganisatin will be under TUPE which will transfer all Partnership Trust Emplyees t the Fundatin Trust. 3. Transfer f Undertakings (Prtectin f Emplyment) (Amendment) Regulatins 2014 This dcument is frmal ntificatin that the transfer will be handled in accrdance with the "Transfer f Undertakings (Prtectin f Emplyment) Regulatins 2006" as amended by the "Cllective Redundancies and Transfer f Undertakings (Prtectin f Emplyment) (Amendment) Regulatins 2014". 3.1 TUPE prcess Under the TUPE regulatins specified written infrmatin is t be prvided t emplyee representatives. Where measures are prpsed by an emplyer in relatin t its emplyee s, cnsultatin applies. That cnsultatin is in cnjunctin with emplyee representatives and must be undertaken with a view t seeking agreement as t thse measures. All the rganisatins cmmit themselves t these principles. This dcument sets ut:- (a) the fact that the relevant transfer is t take place, the date f the transfer and the reasns fr the transfer; Page 3 f 9

4 (b) (c) the legal, ecnmic and scial implicatins f the transfer fr any f the affected emplyees; the measures which the transferee envisages he will take (if any) in relatin t the affected emplyees. Fr this purpse, the transferee must give t the transferr such infrmatin as will enable the transferr t perfrm this actin. 3.2 Terms and Cnditins f Service TUPE prvides that emplyees retain their existing terms and cnditins f service in place at the pint f transfer t the new emplyer. Terms and cnditins cannt be varied t the transferring emplyee s detriment if the nly r principal reasn, is the transfer. The nly exceptin is if the changes t terms and cnditins are necessary fr an Ecnmic, Technical, r Organisatinal (ETO) reasn. Changes that are uncnnected with the transfer will be permissible prvided that they cmply with the nrmal rules gverning variatin. TUPE als prtects emplyees against dismissal fr reasns directly related t the transfer. Any such dismissal is autmatically unfair subject t the fllwing: TUPE allws dismissal in the cntext f a TUPE transfer if the dismissal is fr an Ecnmic, Technical r Organisatinal (ETO) reasn. The ETO cncept means that a dismissal in the cntext f a TUPE transfer is nt by reasn f the transfer if the reasn fr dismissal is an ecnmic, technical r rganisatinal reasn. Such changes t the wrkfrce culd include a change in the number r cmpsitin f the wrkfrce; redundancy is the mst bvius example f where this may apply. This applies t dismissals whether befre r after the transfer. 3.3 Pensins NHS The NHS Pensin scheme (the Scheme) is an ccupatinal pensin scheme fr the purpses f TUPE. Fr emplyees transferring frm ne NHS rganisatin t anther wh pay int the NHS Pensin scheme, their membership f the NHS Pensin scheme and cntinuity f pensin rights will cntinue unaffected at the date f transfer if, by the rules f the Scheme, such emplyees are entitled t remain members. Lcal Gvernment Fr Lcal Gvernment Pensin Scheme members, an Admitted Bdy status arrangement is in place, enabling staff t cntinue cntributing t their current Pensin arrangements. 3.4 Due diligence In accrdance with the TUPE Regulatins, The Partnership Trust must prvide The Fundatin Trust with a specified set f infrmatin t ensure that they understand the rights, duties and bligatins in relatin t the emplyees being transferred. The infrmatin includes: The identity f the emplyees wh will transfer. Page 4 f 9

5 The infrmatin that wuld be cntained in sectin 1 statement f particulars f emplyment under the Emplyment Rights Act Disciplinary and grievance prcedures taken by r against an emplyee within the previus tw years in circumstances where the statutry dispute reslutin prcedures apply. Legal actin which has been brught by an emplyee within the past tw years r which the transferr has reasnable grunds t believe that the emplyee might bring. Details f cllective arrangements which will have effect in relatin t the emplyee and the transfer. Staff grups, numbers f peple affected and whle time equivalent. If any f the specified infrmatin changes between the time when it is initially prvided and the cmpletin f the transfer, then transferring rganisatins are required t give the written ntificatin f these changes. 3.5 Legal, ecnmic and scial implicatins As this will be a transfer cvered by the TUPE Regulatins the fllwing will apply: (a) (b) (c) (d) (e) (f) Staff will transfer n their existing terms and cnditins f emplyment, with full cntinuity f service. The cntract f emplyment will autmatically transfer t the new emplyer, wh will be respnsible fr it as thugh it had riginally been entered int between the emplyee and them. Cntracts f emplyment will remain unchanged and emplyees will transfer n the same remuneratin, and terms and cnditins as befre. Cntinuus service will cunt as cntinuus emplyment with the new emplyer, s any statutry emplyment rights which are dependent n length f service, will cunt in emplyment with the new emplyer. N steps will be taken by the Fundatin Trust t terminate emplyment as a direct result f the transfer. In law, a refusal by an emplyee t be transferred t the new emplyer may be the same as resignatin and there will be n entitlement t a redundancy payment. 4. Measures envisaged in cnnectin with the transfer Measures are changes that the receiving rganisatin (the Fundatin Trust) has infrmed us that they intend t make upn transfer t them. The Partnership Trust has written t The Fundatin Trust t request infrmatin in relatin t any measures that may be assciated with the transfer. The fllwing measures have been prpsed: SSSFT is currently explring ptins t harmnise payrll services in the merged rganisatin and a ptential utcme f this this that the mnthly pay date is changed. Once this decisin is made it will be cmmunicated t all affected emplyees. Page 5 f 9

6 Fr Operatinal and technical purpses sme grups f transferring emplyees may need t change pay dates sner than thers. These grups are likely t be: Crprate Teams which are merging with SSSFT cunterparts Senir management psitins in the new structure. Operatinal Services that are required t be staffed n a 24/7 basis (this is t ensure that staffing is managed within thse teams via a harmnised rstering system). Further details f the harmnisatin f payrll services will be prvided prir t the merger. It is prpsed t enter all eligible transferring emplyees int the NHS Pensin Scheme, where the emplyer s cntributin is 14.3%. Member cntributin rates are dependent n pay and can be fund nline at Emplyees have the pprtunity t pt ut f the NHS Pensin Scheme and will need d this n an individual basis even if they have previusly pted ut. If the emplyee is currently a member f the NHS Pensin Scheme this will cntinue. If the emplyee is currently a member f the LGPS scheme this will cntinue. If the emplyee is currently in a NEST scheme, this will cntinue. With effect frm the date f transfer, with the exceptin f HR plicies which are deemed t be cntractual in nature, there will be a requirement fr transferring emplyees t fllw SSSFT s emplyment plicies and prcedures. SSSFT s plicies can be surced via the fllwing link: The new Trust will, in line with cnsultatin and agreements fr previus SSOTP t SSSFT TUPE transfers, cntinue t recgnise the: SSOTP Special Leave Plicy, SSOTP Pay Prtectin Plicy Financial elements f the SSOTP Retirement Plicy. Hwever, this des nt preclude these specific emplyment plicies being replaced as part f the nrmal plicy planning cycle which is intended fr the new Trust. The SSOTP Annual Leave Buy-Back scheme will perate fr SSOTP emplyees wh have applied fr buy-back in financial year 2017/18. Applicatins remain subject t apprval by SSOTP in line with peratinal and financial requirements. Hwever in further years the scheme will be subject t review t make sure it meets the requirements f the new rganisatin. Leading up t and fllwing the transfer it will be necessary t wrk thrugh a frmal Management f Organisatinal Change (MOC) prcess t merge sme structures t Page 6 f 9

7 meet the requirements f the new rganisatin. Bth SSOTP and SSSFT will cnsult with their emplyees n the prpsed changes n the merger f services which will take effect n r after the 1 st June 2018 shuld this prcess cmmence prir t the transfer date. There may be a requirement fr sme senir management and/r specialist psitins t cver bth SSSFT and SSOTP during the lead up t the frmal merger. Frmal change prcesses will fcus n Crprate Services at the earliest pprtunity. Operatinal Services will need greater integratin wherever pssible and this will require sme level f rganisatinal change. As the acquiring rganisatin, the SSSFT Executive Bard members will have the right f tenure ver the executive psts in the new structure. Nn-vting Bard members, where nt already appinted, will be recruited t and/r subject t cmpetitin r sltting-in under management f change prcesses. All rganisatinal change belw Bard level will fllw the principles f a merger f services. It is pssible that sme emplyees may be required t change base pst transfer. Excess mileage will be paid in line with the SSOTP Pay Prtectin Plicy (2 years maximum) fr transferring emplyees. Transferring emplyees will require Disclsure and Barring Service (DBS) checks relevant t their rle. SSSFT is currently reviewing the DBS renewal/update requirements fr the new rganisatin and these will be cmmunicated as part f nging cnsultatin. Lease car prvisin will need t be harmnised in the new rganisatin. Hwever existing lease arrangements will cntinue. New applicatins fr lease cars will be made under the SSSFT plicy frm the date f transfer. Legislatin surrunding Childcare Vuchers is changing with schemes clsing t new entrants in April SSSFT is explring whether it can cntinue t facilitate cntributins t the childcare vucher scheme with Cmputershare pst transfer. The changes t legislatin are beynd the Trust s cntrl hwever it is nted here fr infrmatin. Once the Trust has cnfirmed whether the scheme can cntinue clleagues will be updated as part f the nging cnsultatin. The Fundatin Trust has requested Emplyment Liability Infrmatin frm the Partnership Trust in relatin t the transfer and as such, as part f nging due diligence, reserves the right t amend and/r add new prpsed measures up t the date f transfer. Any further prpsed changes r further infrmatin as nted abve will be cmmunicated as part f an nging cnsultatin. 5. Prpsed date f transfer The date f transfer f emplyment is 1 st June 2018 subject t regulatry apprval. Page 7 f 9

8 6. Emplyees affected by the TUPE transfer All services and emplyees within The Partnership Trust will transfer t the Fundatin Trust. 7. Cnsultatin arrangements Overall TUPE Cnsultatin: Frmal cnsultatin regarding TUPE will cmmence frm w/c 29 th January 2018 with recgnised trade unins and affected staff up until 31 st March 2018 subject t extensin requests up t 31 st May This frmal TUPE cnsultatin dcument has been prvided t all parties. Regular jint meetings are underway with Trade Unin full time fficers. Thse emplyees affected will be briefed via regular cmmunicatin bulletins. Questins can be ed t: wrkfrcewrkstream@sstp.nhs.uk Emplyees will receive a letter and will be able t access this cnsultatin dcument and supprting infrmatin via the fllwing link: SSOTP: SSSFT: A jintly agreed Frequently Asked Questins (FAQ) list will be sent ut by e mail t clleagues affected by this change. It will als be shared by managers. Queries regarding this cnsultatin shuld be sent t: SSOTP cntacts: Julie Tanner Michelle Lycett Wrkfrce Prject Team Directr f Wrkfrce & Develpment Assciate Directr f HR Wrkfrcewrkstream@sstp.nhs.uk SSSFT cntacts: Greg Mres Stuart Middletn Wrkfrce Prject Team Directr f Wrkfrce & Develpment Head f HR Wrkfrcewrkstream@sstp.nhs.uk N.B Any future service develpments and restructures will be cnsulted upn in line with nrmal management f change prcesses. Page 8 f 9

9 8. Timescales Actin Date Issue f Draft TUPE cnsultatin dcument t Trade Unins 24 th January 2018 Cmmence frmal cnsultatin with Trade Unins and w/c 29 th January 2018 affected staff - issue TUPE Cnsultatin Dcument Cmmunicatin re TUPE t emplyees w/c 29 th January and nging Trade Unin meeting JSP 14th February 2018 Clsure f cnsultatin perid subject t review f emplyment infrmatin, further measures and/r requests 31 st March 2018 fr extensin up t 31 st May 2018 Cnsider representatins and feedback fllwing cnsultatin Emplyees t transfer emplyment t the Fundatin Trust - subject t regulatry apprval w/c 2 nd April st June 2018 Page 9 f 9