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 red route. You are transferring from a job in one NHS organisation to another. If you are not transferring from one NHS organisation to another then you need to go back to the transfer page and choose another route.
This kind of transfer might involve people moving from one NHS body to another. This could involve a strategic health authority, primary care trust, NHS trust or an NHS foundation trust.
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 so TUPE is likely to apply. Even if 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 or from.
You should note that if your circumstances mean you are moving to another part of your existing NHS employer that has been internally separated e.g. internal separation of commissioning and provider arms, legally no transfer takes place and you will remain on your existing terms and conditions.
Next step
Use the red 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.