Green Route - You are employed in the NHS and transferring to a job in a local authority
Transfers to a local authority
This type of transfer typically occurs where NHS staff are transferred as part of partnership arrangements set up between NHS bodies and local authorities and on occasion when whole services are transferred as a result of legislation such as the public health transfer under the Health and Care Act 2012. The outcome for you as a member of staff will be substantially the same whatever the circumstances of the transfer but the mechanism and some of the detail may vary
A helpful guide was prepared for public health staff when they transferred to local government in April 2013 which includes a basic description of local government and how it operates. This is available in the resource library web page.
The legal details
For the purposes of this Guide it is assumed that transfers will fall within the Transfer of Undertakings Protection of Employment regulations 2006 (TUPE) definition of a ‘relevant transfer’. This means that TUPE would apply and employment contracts would transfer from one employer to the other without any change to terms and conditions, and without a break in continuity of service. In addition, Cabinet Office Statement of Practice (COSOP) applies across the NHS, as it does in other parts of the public sector. As well as giving guidance on the application of TUPE in the public sector, COSOP provides some guidance on what is expected to happen when TUPE does not apply. The current version of COSOP states that the principles of TUPE should be followed and that legislation should be used where possible to effect the transfer so that the staff are treated no less favourably than if TUPE applied. COSOP also states that where TUPE does not apply, and legislation is not used to effect the transfer, staff should be offered the opportunity to move to the new employer on terms that are overall no less favourable than if TUPE applied; and if they choose not to move they should, where possible, be redeployed within the transferring organisation. For more detail on the application of TUPE see our resource library web page.
It is expected that there should be appropriate engagement and consultation with staff / staff representatives before any potential transfer takes place, regardless of which body you move to or from.
How will I be affected by my transfer?
For more information about how your transfer will affect you, click on a topic below.