The Social Partnership Forum is committed to supporting staff through change and the Staff Passport toolkit has been a popular tool since we first launched it in November 2009. As the workforce implications of The NHS White Paper, Equity and excellence: Liberating the NHS, are made clear we will be working together to regularly update the toolkit to reflect these. The passport is currently up to date in reflecting legal practice and policy and will be amended as new information is confirmed.
Announcement of the withdrawal of the agreement ‘Agenda for Change and NHS Contractors Staff – A Joint Statement’
On 13 December 2010, the Government announced the withdrawal of the 2005 ‘Code of Practice on Workforce Matters in Public Sector Service Contracts’ (commonly referred to as the Two-Tier Code). The withdrawal of the Code brought into question the agreement ‘Agenda for Change and NHS Contractors Staff – A Joint Statement’ - which was based on the principle enshrined in the wider code of practice. The Department of Health has withdrawn the Joint Statement with immediate effect.
The Joint Statement was agreed in 2005 and extended Agenda for Change (AfC) terms and conditions to staff that had transferred outside the NHS before the introduction of AfC in 2004. There was an expectation on all sides that the terms of the joint statement would be observed and implemented. These protections went beyond those afforded by the Transfer of Undertaking (Protection of Employment) Regulations (TUPE),as well as the Cabinet Office Code of Practice.
Where the Joint Statement has already been implemented there should be no need for any action as the pay improvements are now part of employee’s terms and conditions and protected by employment law and private contractor company contracts with NHS trusts will have been varied to reflect this ongoing obligation for the life of each contract.
The NHS standard contract has been amended to reflect the withdrawal of the joint statement and the two-tier code. NHS contractors are, however, encouraged to adhere to the Principles of Good Employment Practice that have replaced the two-tier code.
Where a contract was signed prior to the introduction of the current revised standard contract, the parties to that contract – the NHS trust and the NHS contractor - will, as part of their contractual commitments, continue to be covered by the obligation to conform with the standards and principles within the Joint Statement and the two-tier code. The staff passport toolkit is currently being updated to reflect these changes.
The NHS Staff Passport is a toolkit to assist staff who are facing transfer. It is an easy to use guide to employment standards and rights they can expect when being transferred either to another NHS provider or to a provider who is contracted to offer NHS services.
The NHS Staff Passport has been designed to be easy to use by both members of staff and those advising members of staff such as HR advisers or trade union officers.
Before you can use the NHS Staff Passport, you need to know what kind of transfer you are involved in.
The NHS Staff Passport is primarily designed as an online toolkit for members of staff. However, it will also be a useful tool for managers, HR advisors or trade union representatives.
The NHS Staff Passport allows you to print a paper copy with a summary of the information so that you can keep it for future reference.
If you would prefer to print off a copy of the information rather than using the web version then simply go straight to our print options page.
Latest news about the NHS Staff Passport.