FAQs: General transfer 

What is a primary care contractor?

A PCT is able to contract with anyone for the delivery of services so the PCT may contract for primary medical services with any individual or organisation. This could for example be a GP, a group of GPs, a group of other NHS professionals or an independent company .The holders of these contracts are referred to as primary care contractors.

Some holders of this type of contract are able to offer membership of the NHS Pension scheme to their staff. This depends on the structure of the organisation. A PCT does not necessarily contract for all services. It may provide services itself in-house or agree that another NHS Trust provide them. You should check with your HR adviser or TU representative about the arrangements that may apply to you.

Why am I being compulsorily transferred to another organisation? Can I refuse to transfer?

Your existing employer has a legal responsibility to consult you over the reasons for your transfer. You can refuse to transfer but the effect of this may be to terminate your contract of employment.

Is the new employer allowed to change the area I work in or the type of work I do?

A Under TUPE rules you should transfer with your existing contract and terms. Your new employer should consult you about any proposed changes to your work. If these relate to your contract of employment, then changes would need to be agreed with you or through a recognised trade union. You will need to seek advice from your HR adviser or trade union representative.

I will be on maternity leave when the transfer takes place. Will I still have the right to return to the same job?

You have the same rights when on maternity leave as if you were at work. Any changes to your job would need to be agreed with you.

I currently work part-time will my employer be able to change my hours?

If you have fixed part time hours then your hours cannot be changed without your agreement. If you have a flexibility in the hours you work in your contract then the same flexibility would apply with your new employer.

If I get a job back in the NHS will I keep my continuity of service?

Providing you have been working continuously on NHS work during this period then your service would be regarded as continuous. Continuity of Service is maintained by continuing employment with an "NHS Employer".

A Primary Care Contractor, particularly an independent company even if its work is mainly NHS may not be classified as an NHS Employer. If you work for a primary care contractor or are a salaried GP you should seek advice from your HR advisor or trade union representative.

Will I still be an NHS employee?

If you transfer out of the NHS to a Social Enterprise, Voluntary, Third Sector or Private organisation then you would cease to be an NHS employee on the date of transfer.

Will the Bank system be the same?

This will depend on local arrangements

Will the new organisation be guaranteed to receive work from the NHS? If we are not successful in winning the work what would happen to me?

The terms of the contact between your new employer and the NHS will govern the specification of work. If the contract comes to an end then it maybe that you will transfer to the new provider of the service under TUPE.

What happens if I am promoted will I still be protected by TUPE?

In certain circumstances your protections will remain. However, if your new employer makes it a condition that you accept a new contract of employment then your TUPE protections may end.

Can I refuse to do non-NHS work for my new employer?

Your new employer would need to consult you on any changes to your work. Where these changes could affect your contractural rights these would need to be agreed with you or through a recognised trade union. You will need to seek advice from your HR adviser or trade union representative.

Under what circumstances can my new employer justify changes to my contract of employment?

Your new employer would need to consult you about any changes to your duties. However, for changes which would affect your pension or contract of employment they would need to agree these with you or through a recognised trade union.

See our other FAQ's

If you have a question that is not answered here then we suggest that you contact your line manager, HR advisor or trade union representative.

If there are any general subjects that you think are missing from these FAQs then please contact us using the email contact in the top right of this screen. Please note that we cannot answer individual questions about your transfer.