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What do we mean by pay, terms and conditions?
The majority of staff employed by NHS organisations receive NHS or equivalent pay, terms and conditions. Terms and conditions include such details as holidays, sick leave and contractual redundancy benefits. For staff directly employed by NHS organisations these, in most cases, are set out in the NHS Staff Council terms and conditions handbook and for NHS employed medical and dental staff in their relevant terms and conditions of service.
These documents may cover more than strictly contractual terms and conditions issues and therefore they may not all automatically transfer under TUPE - the Transfer of Undertakings (Protection of Employment) Regulations 2006. Please contact your HR department or staff representative for further advice.
How will my pay and terms and conditions be affected if I transfer?
If you are transferred to a Local Council under TUPE your pay and terms and conditions are protected.
TUPE protects your existing NHS pay and terms and conditions at the point of transfer, and this can include any contractually promised future changes (eg a 3-year pay deal negotiated pre-transfer). Regarding your right to any future changes in NHS terms and conditions (eg annual pay increases negotiated after the transfer date) – the law in this area is currently being considered by the courts and you should contact your HR Department, trade union or staff representative to get further advice.
Legislation, policies, practices and supporting documents which may apply to you when you transfer
Visit our useful resources page to download a table summarising the key policies and legislation that may apply to you when you transfer.
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