The NHS Staff Passport is a toolkit developed by the Social Partnership Forum; designed to provide NHS staff facing transfer with an easy to use, practical guide to the employment standards and rights they can expect when being transferred either to another NHS provider or outside the NHS to a provider who is contracted to offer NHS services.
The NHS Staff Passport also aims to give HR advisors, trade union representatives and managers an online advice tool that they can use to advise staff facing a transfer on the employment standards that they can expect.
The NHS Staff Passport
- is not meant to replace discussions between staff and their employers and/or trade union representatives
- covers standards and rights after the point of transfer – not at the point of transfer
- sets out minimum standards and rights; it is not an exhaustive list of all associated employment policies and practices but rather a guide to facilitate further discussion with local employers and/or trade union representatives on individual circumstances
- does not set new standards, legislation, policy or guidance; it signposts and brings together existing information
- is applicable to NHS staff working in England
- is not specific advice on individuals circumstances; your existing contractual terms and conditions are protected under TUPE and Cabinet Office Standards of Practice and will remain in place post transfer. They can not be unilaterally changed post transfer except in very exceptional circumstances.
If any of these policies or practices in the NHS Staff Passport form part of your contract of employment with your existing employer then these can be changed but only changed with the agreement of you and /or your trade union representative.
TUPE - The Transfer of Undertakings Protection of Employment rules - what does this mean?
When transferred under TUPE your existing contractual terms and conditions are transferred. Your terms and conditions can not unilaterally be changed after transfer except in very exceptional circumstances. However, after you have been transferred your new employer can change your terms and conditions but only with the agreement of you and /or your trade union representative.
All terms and conditions (except pensions which are handled separately) are contractual and are written into your contract of employment and therefore they automatically transfer under TUPE. This is a complex legal area which applies differently for individuals and different situations therefore we advise that all staff consult their employers and/or trade union representatives to ascertain their own situation and how this affects them.
For any transfer under TUPE you have the right to be consulted through your trade union representative. We therefore advise that you discuss any proposed transfer with your employer and/or trade union representatives.
Why has the NHS Staff Passport been created?
The way in which NHS members of staff deliver services to patients is changing all the time. These changes can mean that services are moved to new providers; sometimes to other NHS trusts and sometimes to new providers working under contract to the NHS.
In most cases, where services move to other healthcare providers, staff transfer from one employing organisation to another. This can cause concern and anxiety not least because of uncertainty as to how such a transfer would affect pay, terms & conditions, pensions and other staff benefits.
Trade unions, government and employers have worked together in partnership to ensure that these good employment standards are put into practice by all healthcare providers in the NHS.
Together the partners have developed a document 'The principles for the management of organisational change' designed to create a framework to support NHS employers in managing change whatever the situation, and to provide reassurance for staff affected by change.
The partners have also produced a definitive guide to what employment standards staff have the right to expect wherever they undertake NHS work. This guide is called the NHS Staff Passport as it should apply to all staff whether they work directly for an NHS employer or for an organisation contracted to undertake NHS work. This guide should provide you with essential information should you transfer between one employer and another.
Government policy, through the commissioning of services, is designed to ensure that all employers of staff providing services to the NHS adhere to the highest standards. The NHS Constitution, published in January 2009, also sets out the common principles and values on which the NHS is founded.
If any of these policies or practices in the NHS Staff Passport form part of your contract of employment with your existing employer then these can only be changed with the agreement of you and /or your trade union representative.
Next step
Download a copy of the Principles for Managing Organisational Change.
Find out how to use the NHS Staff Passport.
Go back to the home page.