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 green route. You are transferring from a job in the NHS organisation to a job in a local council.
If you are not transferring from a job in the NHS to a job in a local council then you need to go back to the type of transfer page and choose a new route by clicking here.
Transfer to a local council
This will typically involve partnership arrangements between NHS bodies and local authorities in relation to their NHS and health-related functions typically under section 75 of the National Health Service Act 2006. These would normally involve pooled funding arrangements, joint commissioning, integrated services or the exercise of NHS or health-related functions on behalf of the other partner. It will include primary care trusts, NHS trusts and NHS foundation trusts.
As an example, Hertfordshire County Council has a section 75 partnership arrangement in place with Hertfordshire Partnership NHS Foundation Trust and two local primary care trusts which include arrangements around mental health and learning disability.
For the purposes of the NHS Staff Passport, it is assumed that there will be a transfer of enough existing staff and services to constitute the transfer of an economic entity.You should note that a transfer under TUPE is only likely to take place if you move to either (1) the local authority or (2) a separate body specifically established for the partnership arrangements. If you are only working jointly with a local authority, there should be no transfer.
If a transfer takes place and TUPE 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.
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Go back to the type of transfer page.