As you will be aware NHS Professionals currently has a contract with Portsmouth Hospital NHS Trust to manage their internal bank service. As part of the contract agreement the service was due for renewal and unfortunately the contract has been awarded to another supplier who will manage the bank services from 5th November 2018.
We will keep you informed throughout this process, however we appreciate this is an unsettling time and you will have questions. For more information about the TUPE process please refer to the FAQs below:
What is TUPE?
TUPE – The Transfer of Undertaking (Protection of Employment) Regulations was created in 1981 and revised in 2006 and 2014 (‘TUPE). It was brought in to protect employees whose employer changes as a result of a take-over, merger, change of owner, or when a contract to provide services transfers from one company to another.
When does TUPE apply?
TUPE applies where there is a ‘relevant transfer’ which means either:
What does this mean to me?
You have been identified as someone who has worked at least one shift at the Trust within the last 6 months, so you may be affected by the transfer of the contract.
Will I transfer under TUPE to the new provider?
This will be dependent on your working history via NHSP in the 6 months leading up to the transfer date. Workers who have worked 70% or more of their NHSP assignments at the Trust in this period will be identified as being in scope to TUPE.
What does it mean if I do TUPE?
Your registration will automatically transfer unless you object to doing so, which would have to be in writing. Your current Terms and Conditions of registration with NHSP will transfer with you.
What if I do not want to transfer?
You are legally entitled to opt out of the transfer if you wish but must do so in writing to NHSP. Further details about this will be included in the consultation paper which will be sent in the coming weeks to those workers who are identified as being in scope.
If you do this however, you will be unable to continue to undertake bank shifts at Portsmouth Hospitals NHS Trust as Bank Partners will be the new provider and you will have opted out of transferring to them. You would be able to explore continuing to work via NHSP at other client Trusts that may be commutable for you, if you need support with identifying where else you might be able to work you should contact the NHSP Service Centre.
What do I need to do now?
For now, there is nothing required from you. NHSP will look at all workers who have undertaken any shifts at the Trust in the 6 months leading up to the transfer date to identify anybody that falls in scope to TUPE. Once they have been identified, NHSP will write to those individuals to confirm they are in scope, give them further information about the consultation and the transfer and advise them of the next steps.
For anybody identified as having worked at the Trust but not in scope to TUPE transfer, NHSP will write to them to confirm this and explain their options for continuing to work via NHSP at other client Trusts.
What if I am not in scope to TUPE but want to be able to continue working bank shifts at Portsmouth Hospitals NHS Trust?
If you are not in scope to transfer under TUPE but wish to be able to continue working bank assignments at the Trust, you will be able to apply directly to the new temporary staffing provider for the Trust. There is nothing in your registration agreement with NHSP that would prevent you from doing do.