What is the purpose of assignment for transition?
Assignment for transition has the following aims:
- to give emerging GP consortia appropriate expert support during the transition period, so that they may develop into bodies that apply successfully to be established as statutory commissioning consortia, while maintaining business continuity.
- to provide PCT employees with an opportunity to contribute to the shaping of the emerging commissioning system by encouraging a robust, fair, consultation process, which allows employees to understand and influence the process (as described in Sections 5 and 6)
- to ensure that the necessary expertise appropriately supports the transition process, thereby maximising the money which can be spent on patient care.
- to encourage the development of new approaches to commissioning for both emerging GP consortia and PCT employees, who will learn from each other during the transition
- to promote a fair and transparent process for employees which has been agreed in advance with Trade Unions, so that employees are ‘engaged in the decisions that affect them’ (NHS Constitution, page 10)
- to build strong partnership arrangements between emerging GP consortia, PCTs (the responsible employer), Trade Unions and professional bodies during the transition.
Will GP consortia have a choice of who is assigned to them?
The guidance makes clear that whilst assignment is the responsibility of the PCT as the employer, it should be conducted in partnership with the emerging GP consortia. The guidance recommends that emerging GP consortia will need to determine what their needs are, as part of the wider transition discussions with PCTs. It will then be the responsibility of PCTs as employers to arrange that assignment process. Trade Unions and professional bodies should be fully consulted and engaged in that process.
Will this lead to unnecessary redundancies and waste of money?
The assignment for transition will ensure that the necessary expertise appropriately supports the transition process, thereby maximising the money which can be spent on patient care. It is a process that will minimise the number of potential redundancies, by aligning employees to roles that may transfer to the new organisations.
Assignment proves that GP consortia will be PCTs by another name?
No. Assignment is designed for the transition only, during which time emerging GP consortia and PCTs are expected to work together in partnership. Emerging GP consortia, during the period of transition, will need to determine how they will deliver their functions and duties once they become statutory bodies. This may look quite different from current PCT activity. The Governance framework supporting this will be set out in the Health Bill.
Will assignment be used in other transition contexts?
The guidance focuses on supporting the development of emerging GP consortia and associated commissioning support functions, while promoting appropriate engagement with employees. The aims and approach may also be relevant to apply in other transition contexts where statutory organisations are supporting bodies which do not have statutory status.
Will assignment guarantee PCT staff employment in the future?
No, it is a practical method of supporting relevant PCT employees, but it cannot guarantee employment in future statutory GP consortia and associated commissioning support functions. The assignment process will, however, provide staff with a clearer understanding of when and how decisions will be made on future functions and the impact this will have on staff employment and the process for consultation during the transition period.
Will assigned staff be employed by the emerging GP consortia?
No, assigned staff will remain PCT employees until there is a transfer of functions between one employer and another. Any transfer to GP Consortia cannot take place before they become authorised statutory bodies. Assignment for transition will, therefore, not in itself bring about a change to the current employment status or terms and conditions of PCT employees.
Why are there phases and should they be managed at the same pace?
The guidance recommends phases of assignment to support the increasing responsibility that emerging GP consortia will take on during the transition in preparation for the establishment process, which, subject to the passing of the Health and Social Care Bill, will be led by the NHS Commissioning Board from 1 April 2012. Whilst there should be an initial assignment to emerging GP consortia by the end of June, the pace of these phases will particularly reflect the differential pace of development in local emerging GP consortia and the timing of the management cost reductions in the PCTs. The phases will need to be reviewed as transition progresses, particularly as there may be a need to assign employees if vacancies appear.
At what point will TUPE apply?
It will not be possible to transfer employees prior to new organisations taking on their statutory functions. This is because TUPE/COSOP is only appropriate if and when there is a formal transfer of functions between one employer and another and the requirements of TUPE/COSOP are engaged. An example may occur when the commissioning service ceases to be provided by one entity (i.e. the PCT structure) and starts being provided by another (i.e. the GP consortium).
The test for assignment under TUPE will be dependent on a case by case basis on whether the TUPE principles apply – broadly this is where there is a 'relevant transfer of an undertaking, or part of an undertaking, that retains its identity' post transfer. Employees performing those functions immediately pre- transfer will be assigned and expected to transfer unless they exercise their statutory right to object. It is important that employing organisations seek independent legal advice as to the potential nature and scope of TUPE/COSOP.
What’s the role of SHAs in assignment for transition?
The responsibility for overseeing the transition process rests with SHAs until they are abolished, which is intended to take place on 31 March 2013 (subject to the passing of the Health and Social Care Bill). SHAs should discuss the overall process to support assignment for transition arrangements with their regional Social Partnership Forum and support their PCTs to implement the guidance.
What options are there around process?
Assignment for transition should be used in a way that allows emerging GP consortia, PCTs, Trade Unions and professional bodies to take account of local circumstances. For example:
- assignment without any competitive process. Employees currently providing particular functions are aligned to work with the emerging GP consortia
- employees are selected for assignment via a competitive process. Prior to assignment, more employees are carrying out functions than are required to carry out transitional functions.
Wherever there is an element of selection, it is vital that this should be undertaken against clear and transparent criteria agreed in advance with all parties and which have been checked in advance to ensure they are compliant with Equality and Employment law. This means that where a formal selection takes place, the criteria for pools of competition will need to be determined, particularly taking account of the roles employees currently carry out.
It is recognised that the work of an employee may be spread across functions expected to transfer to different organisations. When assigning employees, account should be taken of where the majority of their duties are performed. Any changes to an individual’s job role or responsibilities should be consulted on and agreed with the individual. Some employees may be involved in functions or services which may not be destined to transfer. As such their functions and their associated employment may cease at or around the date of transfer, but employers will follow their Employees policies in relation to determining any potential 'at risk' employees and identifying any opportunities for suitable alternative employment.