This page gives you the legal definition of your type of transfer. We suggest that you discuss this with your line manager, HR adviser or trade union representative if you are unsure what it means.

You are currently on the blue route. You are transferring from a job in the NHS organisation to a job in a charity, the voluntary sector or social enterprise. 

If you are not transferring from the NHS organisation to a charity, the voluntary sector or a social enterprise then you need to go back to the type of transfer page and choose another route by clicking here.

This is a transfer to what is known as a social enterprise i.e. a separate not-for-profit body.  Some of the more common social enterprise models include Community Interest Companies (CIC) and Industrial & Provident Societies (IPS).  Examples include Salford Health Matters, a CIC, and Secure Healthcare Limited, an IPS. 

For the purposes of this tool, it is assumed that there will be a transfer of enough existing staff and services to constitute the transfer of an economic entity.

TUPE usually applies to this type of transfer but, where it does not apply as a matter of law, the principles of TUPE should be followed so that staff are treated no less favourably than if it had applied. This is emphasised in the Cabinet Office Code of Practice on Workforce Matters in Public Sector Service Contracts and Staff Transfers in the Public Sector Statement of Practice, which all parties involved in a transfer are required to comply with.

It Is expected that there should be all appropriate engagement and consultation with staff before any potential transfer takes place, regardless of which body you move to.

Next step

Use the blue route to find out how this kind of transfer will affect your pay and terms and conditions.

or

Go back to choose a new route.