9.3 It is not an automatic requirement of PPP to transfer employees, although the defined contract service will normally include some services currently carried out by public sector employees. The circumstances of each case will vary. Where there is a transfer of undertaking employees must be told immediately. They must be advised in writing of the intention to transfer employees, when such a transfer might take place and that TUPE (and other guidance on pensions) will apply.
9.4 Under TUPE a transfer exists in terms of a Hard FM PPP contract. This means that as part of the undertaking staff have the right to transfer to the new contractor. However, some employees, will as a matter of principle, wish to remain in the employment of NHS Scotland or at least another public sector employer and not transfer to a private sector employer. In these cases NHS employers should seek to redeploy, relocate or retrain employees and guidance is provided in HDL(2006)10.