Transfer of Staff

5.50 NHS bodies should put in place procedures within the ITPD and ISFT to address requirements of the SE/STUC staffing protocol. As part of the evaluation of participants' responses to the ISFT, NHS bodies are required to evaluate participants' proposals for the scheme in question in respect of:

• the arrangements for managing the application on TUPE where transfer of employees is involved;

• the management arrangements for the workforce;

• pay, terms and conditions of transferees and new appointees to the workforce, including pension arrangements;

• workforce training and development;

• the framework for, and conduct of, employee relations including their approach to trades union recognition and facilities, such as the deduction of union subscriptions at source;

• health and safety;

• equal opportunities;

• the principles contained within any human resources strategies and guidelines which;

• the identification and approach to the use of subcontracted labour, including being assured that there will be safeguards to prevent individuals being wrongly classified as self-employed.

Further information on the SE/STUC Staffing Protocol is contained in Chapter 10 of Preparing for PPP Procurement.