If I am compulsorily transferred to an independent provider of NHS services, will future changes in NHS terms and conditions, such as the intended new on-call arrangements, apply to me?
Not necessarily. It depends on whether the new employer has agreed to adopt the changes. You or your trade union representatives will need to negotiate with your new employer.
Is the Cabinet Office Code of Practice legally enforceable?
The Code of Practice is legally binding in instances where it has been written into contracts prior to its removal on 15th December 2010. If it is not adhered to, this may be a breach of contract.
Where would I go for help if my new employer broke the Code?
In the first instance you should give your new employer the opportunity to remedy the situation. However, if that fails you should seek help from your trade union. Ultimately the NHS contracting organisation may need to take measures under the terms of the contract to enforce the Code.
Can my new employer offer me an alternative set of terms and conditions?
You should have a free choice on whether to accept or reject new terms and conditions. In some cases, your trade union may be involved in negotiating a new contract. In such a case your trade union should consult you over any proposed change. If you accept changes these may be irreversible so you may wish to seek advice before deciding.
Your employer should be aware of the ‘Six Principles of Good Employment Practice’, which are voluntary principles supported by the Government that have been developed in discussion with trade unions, suppliers and public service employer organisations.
Are the Six Principles of Good Employment Practice legally binding?
No, the 2011/12 standard contracts state that employers should “be aware” of the principles.
See our other FAQ's
General
Pensions
HR policies and practices
Staff engagement and partnership working
Education and training
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.