HR MANAGEMENT GUIDELINES (HR/D02) TUPE
|
|
- Lynette Chapman
- 8 years ago
- Views:
Transcription
1 HR MANAGEMENT GUIDELINES (HR/D02) TUPE
2 TUPE MANAGEMENT GUIDELINES CONTENTS PAGE SECTION PAGE 1. TUPE: definition 1 2. When TUPE applies 1 3. HR involvement 1 4. The employees transferring in 2 5. The employees transferring out 2 6. SCAS as the transferee organisation 2 7. The transferee organisation 3 8. Duty to consult and inform 3 9. Employee Liability Information Pensions Useful sources of information 3 APPENDIX 1. Frequently Asked Questions Contents Page
3 TUPE practical guidelines for management 1. What is TUPE? The Transfer of Undertakings (Protection of Employment) Regulations were originally drafted to implement, in the UK, the EU s Acquired Rights Directive 1997 (replaced by the Business Transfers Directive in 2001) in order to protect the terms and conditions of employees required to transfer to another organisation as a result of their business unit or entity transferring. Where it has been agreed that TUPE applies (ie, it is a relevant transfer), any organisation taking on employees as a result of such a transfer must not change their pay or conditions for any reason relating to the transfer. Pensions are not strictly speaking protected but a transferee organisation must provide a minimum standard of company pension. Therefore, in sum, it is protection for transferring employees of their existing terms and conditions. 2. How do we decide whether TUPE applies? Generally speaking, when all or part of a service or business entity transfers from or into the NHS, then TUPE will apply. If the transfer is taking place within the NHS, this would normally be a straightforward decision as business operating criteria are standard and nationally agreed. However, it can be less so when different types of organisation are involved. The following are taken into account when making the decision: the type of undertaking being transferred; whether any tangible assets (buildings, moveable property etc) are transferred; whether any intangible assets are transferred and the extent of their value; whether the majority of the employees are taken on by the new employer; whether any customers are transferred; the degree of similarity between the activities carried on before and after the transfer. 3. Use your HR department s expertise If you have been tasked with managing a transfer that is covered by TUPE, contact HR in the first instance; there will be someone with experience of dealing with this already, who will work with you through the process. 4. Information Use the template of Frequently Asked Questions (FAQs) at appendix 1 for this purpose. Adapt and modify as necessary. 5. Unions and staff side representatives duty to inform and consult Staff side representatives must be informed of the pending transfer and who will be affected and how and, to ensure a smooth transfer, they should be involved from an early stage and to be clear and open with them (which is best practice in employee relations, in any case). Whichever direction the transfer; specifically, they need to know: that the transfer is taking place; Page 1
4 what the legal, social and economic implications of the transfer are; what measures are planned in relation to affected employees (if necessary) or that none are; It is a good idea that union/staff representatives attend all group meetings with affected employees (and the transferee employer) and crucial that all employees are aware that they may have a staff side/union representative in attendance at 1-1 meetings. Equally, the representations of staff side and union representatives should be taken into account when planning the transfer. 6. Transferring in your responsibility towards transferring employees As the key provision of TUPE is the preservation of existing terms and conditions, you need to become familiar with these and ensure that nothing is changed in relation to the transfer. This will ensure that the transfer is as smooth a transition as possible. The details will, initially, be mainly generic general terms and conditions, numbers transferring, locations and post details. Once the contract is signed and the transfer agreed, you will be entitled to receive personal information and will then be able to plan properly. Transferring employees should be set up on ESR in the same way as any other new employees. At this point, you will take a greater responsibility towards the staff who are about to become SCAS employees and should arrange meetings to introduce them to SCAS prior to them going through the formal corporate induction process. 7. Communication and liaison with the Transferring Organisation With HR, set up clear lines of communication with the equivalent manager and HR representative and arrange to meet on a regular basis. You will discuss, in general terms, how the transfer of staff is going to be managed and who will take responsibility for what. At the beginning of the process, the responsibility will be mostly that of the transferring organisation as they meet with their affected staff and explain what will happen in terms of their terms and conditions. However, it is good practice to be present at these meetings in order to answer questions relating to what will happen post-transfer. As the transfer date approaches, the transferee organisation will take more responsibility. 8. Changes to terms and conditions Should there be any intention to make contractual changes, you must be able to prove that they have no connection with the transfer and then subject to the usual consultation process change can happen. In fact, so long as there is no connection to the transfer, change can happen at any time. However, if it can be proved that a change was connected with the transfer, even if a full consultation process has taken place, it will breach the TUPE regulations and be unlawful. 9. Transferring out your responsibility towards transferring employees In order to make the best decision, your employees need to be fully informed and to have the opportunity to ask questions, make comments and engage in a proper 2-way dialogue. You should arrange group meetings and one-to-one meetings with all affected. Unions should be involved in the group meetings and individuals should have the option to be accompanied in their one-to-ones. Page 2
5 So far as possible, the transferee organisation should also be involved in group meetings as many questions will refer to future terms & conditions and other matters. 10. Communication and liaison with the Transferee Organisation With HR, set up clear lines of communication with the equivalent manager and HR representative and arrange to meet on a regular basis. You will discuss, in general terms, how the transfer of staff is going to be managed and who will take responsibility for what. As the transfer date approaches, the actions will become more the responsibility of the transferee organisation as the staff are about to become theirs. 11. Employee Liability Information The attached TUPE Information spreadsheet gives a timeframe and list of required information that you must pass on to the new employer or, conversely, information you need to keep relating to staff who are to be transferred in to SCAS. The information should be provided at least 2 weeks (by you or to you depending on the direction of transfer) before the transfer but note that to comply with data protection only pass on general (ie, not personal) on before the transfer is confirmed and contracts signed. The first worksheet gives you a list of the information required; the second gives you a timeframe/checklist that can be used; the third is a blank template for the information relating to all transferring individuals. The column headings relate directly to the list of exactly what is required by the transferee organisation. You can produce an anonymised version of this when passing on information in advance of the contract being signed. 12. Pensions Note that pensions are not protected by TUPE but the transferee employer must provide a pension that satisfies minimum criteria which are unrelated to the pension provided by the original employer. The pension need not replicate that which was previously in force; ie, a final salary pension can be replaced by a money purchase scheme; also For transferring NHS staff, a transferee employer can apply to become a Directions employer and thereby be able to administer an NHS pension scheme for those staff who wish to be members (who must then individually apply to the NHS Pensions Scheme to become a member of it). 13. Inform yourself You are strongly advised to visit the relevant government websites, so that you have at your fingertips the most up-to-date information in relation to TUPE. The following links are extremely useful: Page 3
6 Appendix 1 Frequently asked questions relating to TUPE 1. What is TUPE? 2. What does TUPE mean for me? 3. How will this process affect me? 4. Presuming all goes according to plan when do you expect the transfer to take effect? 5. Who will I be employed by after transfer? 6. What is the TUPE consultation period? 7. When will the TUPE consultation period start? 8. Will there be union, staff side and representative meetings for staff to attend during the period of TUPE consultation? 9. How can I express my views during the TUPE consultation period? 10. What further work will happen after transfer? 11. Are there any specific changes to my terms and conditions as a result of this merger? 12. Will I be required to work on another site as a result of this merger? 13. What will happen if I do not want to transfer? 14. What will happen to my continuity of service when I transfer? 15. What will happen to my pension? 16. How will policies and procedures be integrated across multiple sites? 17. Who do I contact if I have more questions? 1. What is TUPE? TUPE is the Transfer of Undertakings (Protection of Employment) Regulations, 2006, and its purpose is to preserve staff contractual terms and conditions of service, following their transfer from one organisation to another. 2. What does TUPE mean for me? This means that terms and conditions such as hours, annual leave and pay remain unchanged. Additionally, your service with the previous NHS trust will be taken into account for statutory and contractual entitlements such as maternity, occupational sick pay, redundancy pay. 3. How will this process affect me? The process should be seamless and there will be very little change operationally on the day of the transfer. Your contracted terms and conditions are protected by TUPE and will not change. You should perform your usual duties at your [current place of work/new location] as normal. 4. Presuming all goes according to plan when do you expect the transfer to take effect? [Date] FAQs, page I
7 5. Who will I be employed by after transfer? You will be employed by [transferee name]. 6. What is the TUPE consultation period? The TUPE consultation period is planned to commence in [dd/mm/yyyy] and will close at the end of [dd/mm/yyyy]. This is the Trust s opportunity to engage staff and their representatives in a consultative process in which all questions and thoughts are recorded and discussed. During this time, we will ensure that information is made available to staff on a regular basis and will work in partnership with the local Trust HR Department and nominated management teams, unions, staff side and representatives to ensure the minimum of anxiety to colleagues. This recognised and established vehicle for staff representation will facilitate two-way communication between the merger TUPE team and Trust staff. 7. When will the TUPE consultation period start? It is anticipated that the TUPE consultation will start on [dd/mm/yyyy] and end on [dd/mm/yyyy]. However, staff members will still be able to ask questions right up until the proposed transfer date [dd/mm/yyyy]. 8. Will union and staff side representatives attend meetings for staff during the consultation period? Yes, representatives from the recognised unions will be invited to attend. They will be consulted and updated on a regular basis (there will also be an open forum for staff). Locations, dates and venues will be publicised via the internet, intranet, management and representatives when arranged so everyone has the opportunity to attend. You will be entitled to bring a union representative or colleague to any one-to-one meetings that are arranged. 9. What further changes will happen after transfer? Transfer in Once transfer has taken place, work will begin with staff to consider in more detail the best structure for the new organisation/service/department. Where this means change to staff structures, these would be subject to a separate consultation with the people affected. Work will be required to review and align terms and conditions so that they are fair for all transferring staff. Transfer out [Detail any changes which are envisaged and why they are happening] Details will be sought from the transferee organisation and all transferring staff will be informed of any planned changes. The matter will be discussed in group meetings. 10. Are there any specific changes to my terms and conditions as a result of this merger? [Detail any changes which are envisaged and why they are happening]. 11. Will I be required to work on another site as a result of this merger? [Specify any location changes agreed as part of the transfer]. Any changes made subsequent to the TUPE transfer will be the subject of consultation. FAQs, page II
8 12. What will happen if I do not want to transfer? Your employment will automatically transfer to [XXX] on [date]. If you do not wish to transfer, you will be deemed to have resigned and your last day of service will be the day before the transfer. As a resignation, you would not be entitled to any redundancy or other severance payments. This serious step should be considered very carefully; do consult with your line manager or HR before making this decision. 13. What will happen to my continuity of service when I transfer? Your continuous service will transfer with you as if [name] had employed you from the start. 14. What will happen to my pension? [If remaining in the NHS] There will be no change to your current NHS Pension scheme and staff who are currently in the NHS Pension scheme will transfer over under their current agreement. For other scenarios, refer to the pension section in the main guidelines. 15. How will policies and procedures be harmonised? A list of critical policies for [mmm-yyyy] (the proposed merger date) has already been agreed. These policies would be made available in a single location that all staff will be able to access (on the internet and intranet). 16. Who do I contact if I have more questions? If these questions have not answered all of your queries, please your questions to [Contact details] FAQs, page III
TUPE : The Transfer of Undertakings (Protection of Employment Regulations) 2006 A Brief Guide
TUPE : The Transfer of Undertakings (Protection of Employment Regulations) 2006 A Brief Guide The following is intended to provide a brief introduction to the subject of TUPE. It explains some of the key
More informationFREQUENTLY ASKED QUESTIONS TUPE
FREQUENTLY ASKED QUESTIONS TUPE DATE: 25 th July 2014 VERSION: 4 AUTHORS: HR ADVISORY NUMBER QUESTION ANSWER 1 What is TUPE? TUPE is an abbreviation for the Transfer of Undertakings (Protection of Employment)
More informationBristol City Council TUPE (Transfer of Undertakings (Protection Of Employment)) Guidance for Commissioners
Bristol City Council TUPE (Transfer of Undertakings (Protection Of Employment)) Guidance for Commissioners 1. Introduction TUPE is shorthand for the provisions of the Transfer of Undertakings (Protection
More informationThe Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE )
The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE ) what is TUPE? Prior to 1981 employees were afforded little protection when their employer changed as a result of the sale
More informationTUPE POLICY AND PROCEDURE FOR SCHOOLS / ACADEMIES
BRINKWORTH EARL DANBY S CE PRIMARY SCHOOL Serving the communities of Brinkworth and Dauntsey VISION Believe to Achieve! To provide a secure, happy and stimulating learning environment in which EVERYONE
More informationVOIP 2000 - HR Direct Fife Council June 2011 Page 1 of 10 MC70
Managing Workforce Change: Transfer of Undertakings (TUPE) P r o c e d u r e This procedure should be applied where there is a transfer of work from one employer to another. The procedure covers the following
More informationTransfers of undertakings an introduction
Transfers of undertakings an introduction January 2014 The law relating to transfers of undertakings is notoriously complex and is constantly developing. Inevitably, this account can only be an introduction,
More informationTUPE 2006 Detailed Analysis
that activity is central or ancillary. Under existing case law this can include an organised group of one person! TUPE 2006 Detailed Analysis The TUPE 2006 Regulations completely replace the 1981 Regulations
More informationT.U.P.E. Transfers. Cathy Taylor 1 May 2015. 8 May, 2015 British Medical Association
T.U.P.E. Transfers Cathy Taylor 1 May 2015 What is T.U.P.E.? Transfer of Undertakings for the Protection of Employment (2006) 2 When does it apply? The regulations apply when: a business or undertaking,
More informationMAYFIELD SCHOOL. Author: Torbay Human Resources [April 2011] Renewed 9 th November 2015
MAYFIELD SCHOOL Policy: TUPE Guidelines for Managers Author: Torbay Human Resources [April 2011] Governors Committee: Leadership Date adopted: 23 rd May 2011 Renewed 9 th November 2015 Next review: Autumn
More informationA GUIDE TO THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006
A GUIDE TO THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 Jennifer McGrandle & Abigail Black Mayer Brown Type: Published: Last Updated: Keywords: Legal Guide 13.01.2012 13.01.2012
More informationGeneral Functions Committee. Meeting Date 22 July 2013 Subject. Insource May Gurney Recycling TUPE Transfer StreetScene Director.
Meeting Date 22 July 2013 Subject Report of Summary General Functions Committee Insource May Gurney Recycling TUPE Transfer StreetScene Director This report relates to the transfer into Barnet of current
More informationTHE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006
THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 EMPLOYMENT BACKGROUND What is TUPE? TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. TUPE has
More informationAutomatic enrolment: guidance on certifying money purchase pension schemes
Automatic enrolment: guidance on certifying money purchase pension schemes April 2014 Contents 1. Background...4 1.1 Automatic enrolment: the employer duty...4 2. Purpose of this guidance...5 2.1 Relevant
More informationDerbyshire Constabulary REORGANISATION, REDUNDANCY AND REDEPLOYMENT POLICY POLICY REFERENCE 05/001. This policy is suitable for Public Disclosure
Derbyshire Constabulary REORGANISATION, REDUNDANCY AND REDEPLOYMENT POLICY POLICY REFERENCE 05/001 This policy is suitable for Public Disclosure Owner of Doc: Head of Department, Human Resources Date Approved:
More informationRevised Code of Practice on Workforce Matters
Revised Code of Practice on Workforce Matters Procurement Advice Note (PAN) for the Public Sector in Wales Page 1 of 29 Contents Section No. Section Name Page No. 1. Introduction 3 (i) Points to Note (ii)
More informationThe Change Project - A Guide to paper
PG 043 Type of Document: Management of Change (Police Staff) Manager s Guide Version: 1.1 Registered Owner: Author: Head of HR & OD Jill Samuels, HR Projects Effective Date: October 2014 Review Date: October
More informationHUMAN RESOURCES SERVICES SERVICE LEVEL AGREEMENT
HUMAN RESOURCES SERVICES SERVICE LEVEL AGREEMENT (Schools) 1 April 2008-31 March 2011 HUMAN RESOURCES SERVICES TO SCHOOLS 1. INTRODUCTION CONTENTS 1.1 Status of Agreement 3 1.2 Standard Conditions 3 1.3
More informationCHANGE MANAGEMENT. February 2015
CHANGE MANAGEMENT February 2015 Authorship : Committee Approved : Approved Date : 03 February 2015 Workforce Policy Lead adapted for local use by Y&HCS on behalf of Harrogate and Rural District CCG CCG
More informationTransfer of undertakings. Business owner/ manager briefing
Transfer of undertakings Business owner/ manager briefing 02 Transfer of undertakings: Business owner / manager briefing Transfer of undertakings: manager / business owner briefing on handling TUPE transfers
More informationHR & OD POLICIES. TUPE Manager Q&A
Q. What constitutes a transfer of undertaking under the Transfer of Undertaking (Protection of Employment) Regulations 2006 ()? A. As a general guide, a transfer is said to have taken place when the whole
More informationTUPE: Frequently Asked Questions For Schools becoming an Academy
TUPE: Frequently Asked Questions For Schools becoming an Academy 1. PURPOSE This document is for Governors, Head Teachers and staff of schools who have received the Academy Order from the Department for
More informationProject Managing TUPE transfers when outsourcing to a Contractor An overview of pension implications and procedures for LGPS Scheme Employers
AVON PENSION FUND Project Managing TUPE transfers when outsourcing to a Contractor An overview of pension implications and procedures for LGPS Scheme Employers Project Managing TUPE transfers when outsourcing
More informationLegal Masterclass: TUPE and Pensions
Legal Masterclass: TUPE and Pensions February 2014 Rhian Brace Partner, Employment What we are going to cover Introduction and Context TUPE Overview Contractual Issues and Due Diligence Pensions Transforming
More informationEmployee pension rights after a TUPE transfer
Employee pension rights after a TUPE transfer June 2006 Contents Introduction History of TUPE and pensions Public sector contracts The Pensions Act 2004 The general principles Pension obligations on TUPE
More informationWiltshire Council Human Resources. Improving Work Performance Policy and Procedure
Wiltshire Council Human Resources Improving Work Performance Policy and Procedure This policy can be made available in other languages and formats such as large print and audio on request. What is it?
More informationPolicy and Procedure. Managing Attendance. Policy and Procedure
Managing Attendance Policy and Procedure Agreed at CNG on 25 th April 2007 Managing Attendance Policy and Procedure Table of contents: TABLE OF CONTENTS Section 1 The Policy 3 Aim of the Process 3 Key
More informationSICKNESS ABSENCE POLICY. Version:
SICKNESS ABSENCE POLICY Version: V4 Policy Author: Shajeda Ahmed Designation: Senior Human Resources Manager Responsible Director of Strategy and Business Support Director: EIA Assessed: 22 November 2012
More informationCHANGE MANAGEMENT POLICY AND PROCEDURE
CHANGE MANAGEMENT POLICY AND PROCEDURE This Change Management Policy and Procedure contains guidance to managers and staff who are involved in the development and implementation of changes in working arrangements
More informationThe Transfer of Undertakings (Protection Of Employment) Regulations 2006 "TUPE"
Revised April 2006. This information leaflet gives you introductory guidance to the 2006 TUPE regulations. It does not however give you legal advice. If you need legal advice please contact Matthew Parkinson
More informationCOMMITTEE: HUMAN RESOURCES REF NO: HR/13/47 DATE: 12 MARCH 2014 ORGANISATIONAL CHANGE MANAGEMENT AND REDEPLOYMENT POLICY
10 COMMITTEE: HUMAN RESOURCES REF NO: HR/13/47 DATE: 12 MARCH 2014 SUBJECT: PORTFOLIO HOLDER: HEAD OF SERVICE: ORGANISATIONAL CHANGE MANAGEMENT AND REDEPLOYMENT POLICY CLLR MARTIN COOK DAVID FIELD Short
More informationTUPE Guidance for Social Care Managers. Guidance from the Voluntary Sector Social Services Workforce Unit
TUPE Guidance for Social Care Managers Guidance from the Voluntary Sector Social Services Workforce Unit August 2009 Contents Purpose of the guide 3 Background 3 What is TUPE? 3 When does it apply? 3 Who
More informationBriefing Note. Transfer of Undertaking (Protection of Employment) Regulations 2006. Overview of the Regulations. Transfers Covered by the Regulations
Briefing Note Transfer of Undertaking (Protection of Employment) Regulations 2006 The purpose of this Briefing Note is to provide a summary of the effect of the Transfer of Undertakings (Protection of
More informationLEGAL UPDATES AND FACTSHEETS
LEGAL UPDATES AND FACTSHEETS TRANSFER OF UNDERTAKINGS (TUPE) PREFACE: TUPE 1981: This factsheet looks at the law surrounding the transfer of undertakings, established by The Transfer of Undertakings (Protection
More informationHuman Resources Frequently Asked Questions
Human Resources Frequently Asked Questions These FAQ s have been developed and agreed with union officials and county councillors and are in use currently for the SOR project ongoing in other parts of
More informationEmployment law changes for 2014 what do they mean for your business?
Employment law changes for 2014 what do they mean for your business? Employment law has constantly changed and evolved over the last number of years. This year marks a number of further changes including
More informationOverview of the Transfer of Undertakings (Protection of Employment) Regulations 2006
TUPE Overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006... 1 Service Provision Changes... 1 Employer Liability Information... 2 Liability for Failure to Inform and Consult
More informationPAY PROTECTION POLICY
Commissioning Support Unit PAY PROTECTION POLICY HR Policy: HR23 Date Issued: 1 st December 2013 Date to be Periodically or if statutory changes are reviewed: required. Policy Title: Supersedes: Description
More informationSouthern Health NHS Foundation Trust. Service Change Outline Paper Change of Base. Children s Division. In Confidence
Southern Health NHS Foundation Trust Service Change Outline Paper Change of Base Children s Division In Confidence Consultation Document, January 2015 Summary: This service change outline paper consults
More informationTitle: Sickness Absence Management Policy and Procedure. CONTENT SECTION DESCRIPTION PAGE. 1 Introduction 2. 2 Policy statement 2.
Title: Sickness Absence Management Policy and Procedure. Date Approved: 17 June 2014 Approved by: JSPF Date of review: June 2016 Policy Ref: Issue: 1 Division/Department: Human Resources Author (post-holder):
More informationBeachcroft working with NHS North West. Transforming Community Services TUPE Toolkit and TUPE Guidance
Beachcroft working with NHS North West Transforming Community Services TUPE Toolkit and TUPE Guidance Summer 2010 Working with NHS North West, Beachcroft have developed a TUPE Toolkit and training session
More informationIndividual Consultation Process
Individual Consultation Process 1. Purpose and Scope The Redundancy Avoidance Policy sets out the University s obligations in terms of individual and collective consultation in situations where redundancies
More informationJOB DESCRIPTION. To work flexibly and contribute to continuous improvement of services provided by the Department.
JOB DESCRIPTION Post Title: Employer: Responsible To: HR Advisor [Maternity Cover] Hafod Corporate Services Ltd Head of HR MAIN OBJECTIVES OF THE POST To support the Head of HR in providing a proactive,
More informationJob Application Pack. Senior HR Adviser. August 2015
Job Application Pack Senior HR Adviser August 2015 Dear Applicant August 2015 Senior HR Adviser We are currently seeking to appoint a Senior HR Adviser, who will be contracted to work from home and the
More informationTUPE AND OUTSOURCING. Louise McCartney Charity Sector Procurement Group 15 th June 2011
TUPE AND OUTSOURCING Louise McCartney Charity Sector Procurement Group 15 th June 2011 Bates Wells & Braithwaite 2009 Transfer of Undertakings (Protection of Employment Regulations) 2006 What is TUPE?
More informationSecondment. Managing People. Secondment Fife Council May 2008 1 TE12 CONTENTS. Tracking Secondments 5. 1. What is a Secondment? 2
G u i d e l i n e s CONTENTS 1. What is a? 2 Definition 2 Identifying a Opportunity 2 Terms of Employment 2 2. Application for 2 Temporary Posts 3 Exchange of Employees Scheme 3 3. Before 3 Reaching Agreement
More informationSchedule 11. The Transfer of Undertakings (Protection of Employment) Regulations 2006
Schedule 11 The Transfer of Undertakings (Protection of Employment) Regulations 2006 1 Definitions 1.1 In this Schedule 11 the following definitions apply: Contractor Personnel means any employee, worker,
More informationLONDON NHS PARTNERSHIP. London Model Change Management Policy - Principles and Procedures
LONDON NHS PARTNERSHIP London Model Change Management Policy - Principles and Procedures Contents Section Page 1 Introduction 4 2 Purpose 4 3 Scope 4 4 Definitions 4 Change Management 5 Statement and principles
More informationRESTRUCTURING PRINCIPLES AND REDUNDANCY GUIDELINES
RESTRUCTURING PRINCIPLES AND REDUNDANCY GUIDELINES Contents 1 Introduction 2 Key Steps to Restructuring 3 Planning 4 What changes need to take place? 5 What are the implications of the changes on my team?
More informationHR06: CHANGE MANAGEMENT POLICY
Policy Type Information Governance Corporate Standing Operating Procedure Human Resources X Policy Name HR06: CHANGE MANAGEMENT POLICY Status Committee approved by Approved Management Executive Date Approved
More informationTechnical Issues in Recognising Past Service with NHS Bodies and PHE An LGA Guidance Note, February 2015
Technical Issues in Recognising Past Service with NHS Bodies and PHE An LGA Guidance Note, February 2015 This note sets out how local authorities may be able to agree to recognise past service with NHS
More informationSickness Management Policy
Sickness Management Policy Human Resources UpdatedSept 2012 AJR/HR/Sickness Management Policy 1.0 PURPOSE 1.1 The University is committed to promoting the health, safety and welfare of its employees. The
More informationTo respond to queries at the first-point-of-contact by provision of a dedicated HR duty system.
Human Resources HR casework service Our HR service offers extensive, practical, cost-effective solutions to meet schools needs. Competitively-priced, our service offers a supportive partnership with the
More informationAbout us. Your injured worker s recovery and return to work is a team effort. It involves you, your WorkSafe Agent, your worker and their doctor.
1. About us Your injured worker s recovery and return to work is a team effort. It involves you, your WorkSafe Agent, your worker and their doctor. About WorkSafe Victoria WorkSafe Victoria (WorkSafe)
More informationManaging Change HR Policy and Procedures
Managing Change HR Policy and Procedures Incorporating changes following the review process in September 2012 Issued October 2012 2 Contents Page 1. Scope 3 2. Managing Organisational Change Key Principles
More informationDRAFT MANAGEMENT OF EMPLOYEE CAPABILITY: ATTENDANCE MANAGEMENT POLICY
DRAFT MANAGEMENT OF EMPLOYEE CAPABILITY: ATTENDANCE MANAGEMENT POLICY CONTENTS Section Page 1 Introduction 2 2 Scope 2 3 Key Responsibilities 3 4 Definitions used Within the Policy 3 5 Recording & Monitoring
More informationRedundancy & Redeployment Policy. Transformation & Human Resources
Redundancy & Redeployment Policy Transformation & Human Resources Issued by HR Policy Team Effective from REDUNDANCY AND REDEPLOYMENT POLICY 1 General Principles Purpose 1.1 The purpose of the policy is
More informationTUPE. Due. Diligence. suitable. This Due. levels of NCVO. it should
TUPE Due Diligence Checklist August 2012, NCVO http://www.ncvo-vol.org.uk/psd/commissioning/tupe This Due Diligence checklist is for use by voluntary, community and social enterprise organisations conducting
More informationHuman Resources Policy No. HR46
Human Resources Policy No. HR46 Maintaining Personal Files and ESR Records Additionally refer to HR04 Verification of Professional Registration HR33 Recruitment and Selection HR34 Policy for Carrying Out
More informationREDUNDANCY PROCEDURE 1 POLICY STATEMENT & SCOPE
REDUNDANCY PROCEDURE 1 POLICY STATEMENT & SCOPE 1.1 Recognising that its employees are its most important resource, The College is committed to maintaining security of employment for all its employees.
More informationBriefing note TUPE changes from 31 January 2014
Briefing note TUPE changes from 31 January 2014 The amendments to the TUPE Regulations will come into force on 31 January 2014 and apply to TUPE transfers that take place on or after that date. This Briefing
More informationLONDON BOROUGH OF BEXLEY REDEPLOYMENT AND SALARY PROTECTION PROCEDURES
LONDON BOROUGH OF BEXLEY REDEPLOYMENT AND SALARY PROTECTION PROCEDURES HR Service Effective from 1 April 2010 (AS AGREED BY GENERAL PURPOSES COMMITTEE JANUARY 2010) 1 REDEPLOYMENT AND SALARY PROTECTION
More informationTUPE Redundancy Restructuring
Thinking the unthinkable TUPE Redundancy Restructuring Mark Makin Acas Senior Adviser Aims and objectives of today By the end of this session we will: provide an overview of the Transfer of Undertakings
More informationPolicy & Procedure. Specific Instructions to Tenderers for Contracted- Out Services relating to Transfer of Undertakings
Specific Instructions to Tenderers for Contracted- Out Services relating to Transfer of Undertakings 1. Your attention is drawn to SI 131 of 2003 entitled European Communities (Protection of Employees
More informationSickness Absence - Methods For Manage
MANAGING SICKNESS ABSENCE POLICY Policy reference LWHR04 SUMMARY AUTHOR VERSION This policy outlines the organisations grievance procedure. Kelly Brook, Senior HR Associate Final EFFECTIVE DATE 5 th March
More informationNEWARK AND SHERWOOD DISTRICT COUNCIL
NEWARK AND SHERWOOD DISTRICT COUNCIL JOB EVALUATION GRADING OF POSTS 1. INTRODUCTION The pay and grading of jobs must be fair and non discriminatory, complying with equal pay legislation and associated
More informationTRANSFER OF UNDERTAKINGS (TUPE)
Employment Manual TRANSFER OF UNDERTAKINGS (TUPE) TOOLKIT FOR MANAGERS TRANSFER OF UNDERTAKINGS (TUPE) TOOLKIT FOR MANAGERS CONTENTS TABLE TRANSFER OF UNDERTAKINGS (TUPE)...2 TOOLKIT FOR MANAGERS...2 INTRODUCTION...2
More informationTUPE - The Latest. special reports
What if employees don t want to transfer? An employee has the fundamental freedom to choose their employer. Therefore, on notification of the proposed transfer, an employee has the right not to transfer
More informationOne company 8 specialisms an inclusive partnership
One company 8 specialisms an inclusive partnership Accountancy & Finance Construction - Professional & Technical Engineering Human Resources Industrial IT Office Support Trades & Labour Is your business
More informationManaging Employees Health in the Workplace Policy (Sickness Absence Management) Version 4.1
Managing Employees Health in the Workplace Policy (Sickness Absence Management) Version 4.1 Previously known as Attendance Management Policy Lead executive Name / title of author: Janet Wilkinson, Director
More informationSPDS Conference 2011/ Alternative Business Models: What to look out for/ November 2011
SPDS Conference 2011/ Alternative Business Models: What to look out for/ November 2011 Some examples of when TUPE does not apply: Transfers between public administrations (although this is limited by s.52
More informationRestructure, Redeployment and Redundancy
Restructure, Redeployment and Redundancy Purpose and Scope From time to time the Lake District National Park Authority will need to reorganise its services and staffing to meet changes that arise in future
More informationJob Description Template
Job Description Template Job Title Payroll & Pensions Officer Directorate and Service/Department Finance & IT / Payroll 1. Main Purpose of Job To work as part of a team processing payroll data involving
More informationPayroll Services and the Advantages of a Shared Service
Cambridge City Council Item To: Report by: Relevant scrutiny committee: Wards affected: Executive Councillor for Customer Services and Resources: Councillor Julie Smith Director of Resources Strategy &
More informationDENTAL ACCESS PROGRAMME GUIDE TO THE USE OF SCHEDULE 18 (STAFF TRANSFER) AND TUPE TRANSFERS UNDER THE PDS PLUS AGREEMENT
DENTAL ACCESS PROGRAMME GUIDE TO THE USE OF SCHEDULE 18 (STAFF TRANSFER) AND TUPE TRANSFERS UNDER THE PDS PLUS AGREEMENT Beachcroft LLP 7 Park Square East Leeds LS1 2LW UK tel: +44 (0) 113 251 4700 fax:
More informationTUPE CONSULTATION DOCUMENT
Annex B Proposed Acquisition of Trafford Healthcare NHS Trust by Central Manchester University Hospitals NHS Foundation Trust Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)
More informationA summary of the law on: Unfair Dismissal and Redundancy
A summary of the law on: Unfair Dismissal and Redundancy Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.
More informationDisability and sickness absence
Disability and sickness absence As a not for profit charity, we rely on your donations. If you find this factsheet useful, please consider making a donation of 5 to help us to continue to help others.
More informationMANAGING ATTENDANCE PROCEDURE (SICKNESS) (All Staff) September 2013
MANAGING ATTENDANCE PROCEDURE (SICKNESS) (All Staff) September 2013 The Academy Board of Washwood Heath Academy adopted this procedure on 8 October 2013 and it will be reviewed on annually Washwood Heath
More informationEU Employment Law Euro Info Centre December 2006
EU Employment Law Euro Info Centre December 2006 CONTENTS EU Employment Law 2 1. Anti-discrimination 2 2 2 2. Equal treatment of men and women in the workplace 3 3 3 3. Fixed and part time work including
More informationFLINTSHIRE COUNTY COUNCIL FLINTSHIRE COUNTY COUNCIL REPORT BY: HEAD OF HUMAN RESOURCES AND ORGANISATIONAL DEVELOPMENT
FLINTSHIRE COUNTY COUNCIL REPORT TO: FLINTSHIRE COUNTY COUNCIL DATE: WEDNESDAY, 30 APRIL 2014 REPORT BY: HEAD OF HUMAN RESOURCES AND ORGANISATIONAL DEVELOPMENT SUBJECT: LOCAL GOVERNMENT PENSION SCHEME
More informationCHANGE MANAGEMENT (RETENTION REDEPLOYMENT REDUNDANCY) POLICY
CHANGE MANAGEMENT (RETENTION REDEPLOYMENT REDUNDANCY) POLICY Version 2, March 2011 Page 1 of 29 Version 2, March 2011 Page 2 of 29 POLICY REFERENCE INFORMATION SHEET Document Title Document Reference Number
More informationINFORMATION FOR SCHOOLS AND HUMAN RESOURCES PROVIDERS IN RELATION TO THE TRANSFER OF EMPLOYEES FROM LOCAL AUTHORITY TO ACADEMY OR TRUST EMPLOYMENT
Academy TUPE Guidelines GUIDANCE NOTE INFORMATION FOR SCHOOLS AND HUMAN RESOURCES PROVIDERS IN RELATION TO THE TRANSFER OF EMPLOYEES FROM LOCAL AUTHORITY TO ACADEMY OR TRUST EMPLOYMENT 1. BACKGROUND The
More informationCONTENTS. What is long term sickness? Page 2. Keeping in Contact during Absence Page 2. Medical Certificates Page 2
CONTENTS What is long term sickness? Page 2 Keeping in Contact during Absence Page 2 Medical Certificates Page 2 The Role of the Occupational Health Service Page 2 Access to Health Records Act (1990) Page
More informationNational HR Employee Helpdesk
National HR Employee Helpdesk Activity Report Q1 2016 Contents Executive Summary 2 Analysis of Activity Levels on the Helpdesk Quarter 1 2016 3 1. Mode of Contact 2. Source of Contact 3. Queries Raised
More informationTUPE. A Guide for Schools
TUPE A Guide for Schools Contents Checklist/Summary Paragraph Number 1. Introduction 2. Outsourcing (and Insourcing) 3. The Decision to Proceed 4. Selecting a Provider 5. The Contract Specification 6.
More informationDetailed guidance for employers
April 2016 1 Detailed guidance for employers Employer duties and defining the workforce: An introduction to the new employer duties Publications in the series 1 2 3 3a 3b 3c 4 5 6 7 8 9 10 11 Employer
More informationPROCEDURE FOR MANAGING SICKNESS ABSENCE
PROCEDURE FOR MANAGING SICKNESS ABSENCE ORKNEY ISLAND S COUNCIL PROCEDURE FOR MANAGING SICKNESS ABSENCE 1 INTRODUCTION The Council s procedure on the management of sickness absence is outlined below. The
More informationEmployment Law Guide
Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal
More informationFIXED-TERM AND TEMPORARY CONTRACTS
FIXED-TERM AND TEMPORARY CONTRACTS This document sets out some basic information for NUT members about fixedterm and temporary contracts, including about their conditions of service and employment rights
More informationHR and Payroll Service Appendix A
HR and Payroll Service Appendix A Recruitment Administration Vacancy placement: Process requests to place adverts in publications as specified by the school School Responsibilities Promptly furnish Capita
More informationEmployment law solicitors
Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever
More informationIntroduction to UK Employment Laws for U.S. Employers
Ogletree Deakins International LLP Fourth Floor, Thavies Inn House 3-4 Holborn Circus London EC1N 2HA United Kingdom Tel: +44 (0)20 7822 7620 www.ogletreedeakins.co.uk www.ogletreedeakins.com Introduction
More informationDocument Title Sickness Absence Management
Document Title Sickness Absence Management Document Description Document Type Human Resources Policy Service Application Whole of Trust Version 1 Policy reference no. HR/2010/0007 Lead Author(s) Katharine
More informationTUPE: in a nutshell. Newsletter 1 December 1 st 2014. www.fb-education.co.uk 01332 227596
TUPE: in a nutshell Newsletter 1 December 1 st 2014 www.fb-education.co.uk 01332 227596 TUPE in a nutshell By Natalie Peacock Employment Solicitor for Education What is TUPE? TUPE is an abbreviation for
More information2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006
STATUTORY INSTRUMENTS 2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT The Transfer of Undertakings (Protection of Employment) Regulations 2006 Made - - - - 6th February 2006 Laid before Parliament 7th
More informationGuidance for employers within the NHS on the process for making severance payments
Guidance for employers within the NHS on the process for making severance payments December 2013 Guidance for employers within the NHS on the process for making severance payments This guidance, revised
More informationService Level Agreement Platinum Package + IntePay. Rev 05/06/2014
Service Level Agreement Platinum Package + Rev 05/06/2014 Service Level Agreement Platinum Package + Rev 01/12/13 1.0 - Platinum Package The Platinum Package is our most comprehensive package of HR consultancy
More informationNHS North Somerset Clinical Commissioning Group
NHS North Somerset Clinical Commissioning Group HR Policies Managing Sickness Absence Approved by: Quality and Assurance Group Ratification date: September 2013 Review date: September 2016 Elaine Edwards
More informationBuying a business in Europe: understanding the employment issues and how to ensure a smooth acquisition. 9 June 2015
Buying a business in Europe: understanding the employment issues and how to ensure a smooth acquisition 9 June 2015 1 Agenda The impact of the Acquired Rights Directive on the purchase of a business How
More information