Frequently Asked Questions (FAQs) - DOC by HC120911172918

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									31st March 2011

                      Frequently Asked Questions (FAQs)
                           Children’s Services


TUPE
TERMS and CONDITIONS
CONSULTATION
POLICIES
SERVICE REDESIGN
PENSIONS
EDUCATION and TRAINING
SUPPORT FUNCTIONS
GENERAL

NB: Move the cursor over the heading you wish to view and follow instruction.

BLUE QUESTIONS – Newly answered
BLACK QUESTIONS – Previously published


TUPE

Q. After TUPE if I am made redundant would it be based on NHS terms and
conditions?
A. Redundancy terms are covered by AfC terms and conditions which are contractual
therefore these terms will transfer.

Q. I have two roles, one in adults, one in children’s, and understand that I will
TUPE to both the SBC for my Children’s role and to CSS for my adult’s role.
This means I have two employers; will I pay more tax as a result of this?
A. You will not pay more tax, but your tax allowance may be split over 2 jobs.
Therefore the total tax you pay will remain the same but deductions will come from 2
employers. You will need to discuss and agree with the Tax office how this split is
best applied to both roles. Your current Tax office details are:-
HM Revenue & Customs (tax office)
Bristol & North Somerset Area
2nd floor
Norfolk House
Bristol BS1 6FX
Tel: 08454 7143143
Tax Reference: 034/W1694




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Q. I have TUPE’d across from another organisation, does this impact on this
TUPE?
A. No it doesn’t affect the TUPE process if you TUPE’d into the organisation
previously. You will TUPE to the SBC on your current terms and conditions with full
continuous service.

Q. Will there be any job losses?
A. There will be no job losses as a result of the TUPE transfer.

Q. Are jobs safe under TUPE?
A. Whilst TUPE protects your terms and conditions on transfer it does not guarantee
a job for any period of time.

Q. Some posts are frozen. Will vacancies transfer?
A. TUPE only affects people not vacant posts. Children’s Services is reviewing all
vacancies, some of which have been unfrozen as a result. If the money to fund
vacancies is part of the budget that transfers then the vacancy will continue to exist in
the new organisation.

Q. What happens to me if I am transferred to another employer under TUPE?
A. When TUPE applies to a transfer of a department or function which falls within
your current employer’s management and activity, it means that the contracts of
employment of all staff employed within that area – that is your terms and conditions
of service at the date of transfer - are automatically transferred to the new employer.

Q. What if the new employer dismisses me rather than employing me?
A. Your new employer cannot dismiss you upon transfer if the principal reason for the
dismissal in question was the transfer or a reason connected with the transfer. This
would be deemed ‘automatically unfair’ and employees with one year's continuous
service who are unfairly dismissed would be able to claim reinstatement, re-
engagement and/or compensation.
Termination of employment unconnected with the transfer could take place if the
main cause of dismissal is a carefully defined "economic, technical or organisational"
(ETO) reason, which requires changes to the workforce, e.g. redundancies, and they
are acting "reasonably" in treating that reason as sufficient to justify a dismissal. If
your new employer does dismiss you for one of these reasons, they must give you
contractual notice, or pay in lieu of it, and pay you redundancy compensation as
applicable.

Q. Can I object to being transferred?
A. You have the right to object to the transfer by informing your manager, the HR
lead or your proposed new employer. You should note however, that this is likely to
mean that you will be treated as if you had resigned, not as if you had been
dismissed.

Q. Why can't I be made redundant if my job with my current employer no longer
exists?
A. Your job still exists – it has simply transferred to a new employer – therefore it is
not redundant.

Q. What will you tell me about the transfer?
A. We will tell you and your staff side representatives:

      That a transfer is being considered and why it is being considered;


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      About the legal, economic and social implications of the transfer;
      That your terms and conditions of service will transfer to the new employer
       (TUPE applies);
      What differences, if any, it will make to you;
      Whether you will be moving to new premises to work for the new employer
       etc;
      About any measures to be taken in connection with the transfer which will
       affect you;
      About any measures likely to be taken by the new employer which will affect
       you.

Q. Who will ensure that I and/or my representatives have this information?
A. The consultation document contains much of the information for you and your
trade union representatives have been involved in the development of the document
and agreeing the process. Your line manager will ensure that you and your trade
union representatives are kept fully informed about what is happening.

Q. Who can I contact if I have any further questions about TUPE?
A. Details of who to contact are contained within the consultation documents.

Q. How long is the consultation period?
A. The TUPE transfer consultation period is identified as being within “reasonable
time”.

Q. I thought the ‘rules’ for collective consultation with staff meant a
consultation period was for a minimum of 12 weeks, yet we’ve only got eight
weeks. Is this legal?
A. For TUPE Transfers the period is stated as ‘reasonable time’ to consult. Although
we have indicated eight weeks, this is to ensure we can respond formally to your
trade union representatives on any questions or challenges raised, this is a
requirement by law. In reality consultation will continue until the transfer date.

Q. Do TUPE arrangements stop if you change posts?
A. Post transfer changes would be lawful where, for example, a different job, or
promotion on new terms and conditions is offered to, and accepted by an employee
who has transferred.

Q. What stops the new employer getting you to re-apply for essentially the
same job under new conditions?
A. Because TUPE transfers are effected by law there can be no lawful opt out by the
new employer. That is not to say the new employer will not seek to harmonise terms
and conditions but this would need to be with the employees’ (and the staff
representative bodies’) agreement.

Q. How long does TUPE protection of pay and conditions last?
A. TUPE only protects at point of transfer. Staff transferring under TUPE can keep all
the terms and conditions that were in place at the time of the transfer until the new
employer negotiates changes.

Q. What if I don’t agree with the transfer to another organisation but don’t want
to resign – how can I influence/change things?
A. The decision has been made to transfer to a new provider. The consultation does
not enable you to influence this decision nor change the provider. However you can
raise concerns regarding the impact of this decision on yourself with your line


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manager. The reason for your concerns can then be reviewed and discussed with
you. However if you refuse to transfer this will be deemed to be a resignation.

Q. Is there a possibility that later down the line, I will be told I need to change
my duties, working pattern, job description or employment base? Can I protect
against this, and if not, is this legal under TUPE?
A. Any subsequent changes by a new employer would need to follow a prescribed
change process. In any circumstances employees are protected against any unfair
treatment deemed as a direct result of the TUPE transfer.

Q. Will we be doing the same jobs after transfer?
A. Yes, however re-design would be looked at irrespective of transfer. If re-design is
envisaged this will be subject to consultation following organisational change policies.

Q. Will there be redundancies?
A. It is not anticipated that there will be redundancies as result of the transfer but no
guarantees can be given for the future.

Q. What happens if I move into another role after transfer?
A. If you apply for another role after transfer then if successful you would take the
terms and conditions of the role.

Q. What happens if this is a non-NHS funded role?
A. You would be appointed on the terms and conditions on offer at the time, this
would include whether a permanent or a fixed term change.


TERMS and CONDITIONS

Q. If I transferred under TUPE, would I take all my terms and conditions of
service with me?
A. Your current terms and conditions will continue. For your pension, arrangements
have been made to transfer you within your current scheme.
Please see attached appendix listing the terms and conditions that will transfer.

Q. Currently we are employed by NHS so entitled to NHS staff discounts
nationally at a number of companies. Will this continue?
A. Not necessarily but SBC has discount arrangements with a number of suppliers in
the area. This information will be available on the SBC intranet and through First
Response, tel: 0800 032 5642.

Q. A member of staff is pregnant and due after the transfer date, will she
qualify for statutory maternity pay?
A. The entitlement to claim statutory maternity leave does transfer under TUPE.
However what an individual is entitled too is quite complicated and depends on the
individual’s length of service. For occupational maternity pay this will also depend on
whether she intends to return to work. Individual’s should seek advice from HR.

Q. Is the redeployment pool open to staff on fixed term contracts?
A. Yes under FT regulations it is necessary to seek alternative roles whilst FT
employees are on notice.




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Q. Will we still be able to claim back TOIL?
A. In the PCT TOIL is not contractual and therefore does not transfer. However the
SBC do have a formal process and agreement would need to be reached with your
manager if this process was to be applied in your area of work.

Q. If redundancy has to take place post transfer what terms and conditions will
apply? Will there be a change to policy post transfer?
A. Your service transfers and continues; therefore any redundancy calculation would
be on total service. Redundancy terms are contractual and therefore will transfer
under TUPE to the new organisation. Any changes to the policy or terms will have to
be through consultation and negotiation.

Q. Will NHS agenda for change terms and conditions be carried over?
A. On transfer SBC will inherit NHS terms and conditions of employment for
Children’s services in addition to SBC terms and conditions of employment.
Consideration of the terms and conditions offered to new entrants is being reviewed,
there may be opportunities to harmonise these terms/ conditions. Any changes would
be subject to consultation and negotiation with you and your trade union
representatives.

Q. Will Children’s services continue to provide NHS terms and conditions to
existing staff and new starters? E.g. Agenda for Change, pay scales and
banding, Knowledge and skills framework, injury and redundancy.
A. Not necessarily, it will depend on the role and whether the role remains within the
NHS family. Staff will TUPE over on existing NHS terms and conditions. Children’s
services may wish to employ new starters on a different set of conditions however
they will need to be competitive in the market place. A pragmatic approach will need
to be taken to ensure they can attract and retain staff so they will need to be mindful
of what is offered by competitors.

Q. What’s the long term plan for our terms and conditions once we transfer?
A. Long term it would make sense to work towards harmonisation but this will take
time and there will be full consultation with staff.

Q. Would we remain on our PCT terms and conditions if we choose to reduce
our hours for personal reasons or on return from maternity leave?
A. Provided you remain in the same role then the current T&Cs that the role and
therefore you, transfer across on, remain in place until negotiated out. However you
need to be mindful that whilst it is an employee right to request a reduction in hours,
a business does not have to agree such a reduction. So you can not assume that a
reduction in hours will necessarily be agreed, there has to benefit to the business and
be workable for the service for such a request to be approved.

Q. We have staff who resign from permanent work but want to remain on the
bank. Will that be a similar process, moving onto SBC terms and conditions,
or would their initial TUPE allow them to continue on the bank under their
current terms and conditions?
A. Should a member of staff resign from their post and wish to take up a nil hours
(bank) contract, this would be on the SBC nil hours contract and not on their PCT
terms & conditions.




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Q. We have been told that we are not able to carry over Annual Leave, what
about if someone is on maternity leave or long term sickness, will they be able
to carry AL over in these special circumstances?
 A. Staff on maternity leave or long term absence will TUPE. Any outstanding annual
leave they may have accrued will need to transfer across and special arrangements
will be made for staff so affected.

Q. Will there be any organisational change that will affect staff pay and
conditions in the first 12 months?
A. Again it is not possible to categorically say there will or won’t be changes.
Children’s Services has to continue to be cost effective and make savings so the
service redesign work will continue. If there is a requirement to review terms and
conditions then this will be done through consultation and negotiation with you and
your trade union representatives.

Q. If Terms and Conditions change, do we sign a new contract?
A. If there is a major change yes you would. If it is only a variation or minor change,
then no you would not.

Q. Can we carry this year’s annual leave over into next year’s?
A. No you have to take it before 31 March 2011 or you lose it.

Q. Can my terms and conditions of service be changed?
A. The Transfer of Undertakings (Protection of Employment) Regulations 2006
(TUPE) provides that employees' contracts of employment will continue after a
transfer to a new employer as if they had originally been made with the new
employer. In this way employees' contractual rights become enforceable against the
new employer.
The new employer can agree changes to terms and conditions with its employees,
just as your current employer could (for example, changes to your hours due to
organisational requirements and / or changes to your job description on which you
have been fully consulted). However, where a variation to the terms and conditions is
for a reason related to a transfer under TUPE, the variation is legally ineffective.

Q. What happens to our pay bands?
A. TUPE only offers protection at point of transfer; however any future changes to
AfC terms and conditions, including banding will only take place after full consultation
with you and your employee representatives. However Children’s Services will have
to continue to provide a cost effective service and make the significant savings
required to ensure it remains a viable organisation. This may require service redesign
but each review of service will be subject to separate consultation All staff affected
will be involved in the consultation process.

Q. What about increments – I have heard we may not get them in the future?
A. Increments are part of the Agenda for Change terms and conditions of
employment and therefore transfer. However we are aware of national discussions
regarding whether increments may be frozen but no decisions have been made
regarding this. Your trade unions will be aware of these discussions, and we will keep
you informed of any changes.

Q. What happens when a fixed-term contract comes to an end?
A. This is a business as usual decision and not affected by TUPE. When a fixed term
contract comes to an end the business will need to decide whether to cease the




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contract, extend or even make the position permanent. If a FT contract has to end
then contractual notice will be given.

Q. Can you stay with NHS terms and conditions if the contract changes post
transfer? I.e. fixed-term to permanent.
A. It will depend on the terms on offer. This would be a new contract of employment
and so you may have to take on new terms and conditions. Your length of service
would be continuous.

Q. Why do Bank contracts not transfer. My bank role is to provide service
through an SLA with a school and is business critical.
A. Bank contracts are not permanent contracts of employment, as either party could
refuse to engage in providing the service, therefore these type of contract holders do
not have TUPE rights. However, as the letters state, if you wish to be considered to
continue working in a bank capacity, for the SBC, then you need to inform a manager
who can, if the role is deemed to be business critical, arrange a SBC contract, this
would be on SBC terms and conditions.

Q. What will change immediately?
A. Processes and forms for pay, annual leave and sickness will change. Pay date
will be 23rd of the month as opposed to 28th via SBC payslip.

Q. What will not change?
A. Leave entitlement will not change. Your salary, and other employment terms and
conditions will not change as a result of the transfer.

Q. What shall I do with my March timesheet?
A. Arrangements have been made for the PCT payroll department to pay for March
salaries and travel and expenses, therefore timesheets for this period and expenses
forms for March should be forwarded to Wiltshire payroll as now. SBC will pay April
salaries, expenses etc.

Q. What will happen with duel contracts?
A. If you have a contract with Children’s Services then this will TUPE across to SBC.
Any contract you have with Adults will transfer to the social enterprise. In effect
therefore you will be employed by two separate employers.

Q. Do years spent working in SBC on secondment count towards the NHS
pension?
A. Yes, if you are still employed in a role that has NHS terms and conditions.

Q. Possible changes due to a redesign – can this change terms and
conditions?
A. Yes if the role changes significantly. The Organisational Change Policy requires
consultation on any such change to terms and conditions regardless of whether an
employee of PCT/SBC.

Q. What happens to the service I've built up with my current employer at the
date of transfer?
A. The transfer does not break your service or your continuous employment. The
date your continuous employment started with your current employer is the one on
which any entitlement to statutory employment rights will continue to be based.




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Q. What happens to child care vouchers?
A. SBC use Sodexo as do NHS Swindon, therefore these should continue. SBC will
need to set them up as new starters; payments would then continue.

Q. What happens to the computer salary sacrifice scheme?
A. The computer salary sacrifice scheme will cease as there is no comparable
scheme in the SBC. Individuals affected will be contacted to agree repayment of
outstanding monies to PCT.


CONSULTATION

Q. What input have trade union representatives had into the consultation
documents and process?
A. Your trade union representatives have helped develop the documents and
process.

Q. In the beginning, we were never consulted on the actual decision of our new
employer. Could we have the date the decision was made and when we were
informed?
A. From September 2009 through briefings staff were asked their views. This
feedback was taken into consideration to inform the proposals for the future form.
These proposals were taken to both the PCT and SBC, who recorded the preferred
option to maximise integration and benefits through moving the service to the SBC.
On 10th December 2010 the decision for a Social Enterprise for Adults Services was
confirmed and at this point the decision for the move of Children’s Service to SBC
ratified. Staff were informed of this decision through a briefing on Schools online.

Q. How much have families and carers been consulted?
A. There is no requirement to consult on form only on service redesign. Views from
parents/carers are sought through various forums and influence the shape of service
delivery.


POLICIES

Q. Will we still follow current policies and procedures or will we adopt new
provider policies and procedures?
A. Current terms and conditions of employment will remain, and TUPE requires that
policies specifically referred to in the employment contract transfer to your new
employer. However, some operational policies may need to be reviewed and/or
changed depending on the organisation.


SERVICE REDESIGN

Q. When will we know of the redesign of the organisation?
A. Information was communicated to managers at the away day and at all staff
briefings by John Hughes. The final form has not yet been agreed and a final version
will be shared in the Children’s Services newsletter and briefings.

Q. Is there any timescale for completion of child health re-design?
A. No formal process has yet started so we don’t therefore have an end date.


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Q. Posts that are frozen due to deficits – when will they be “unfrozen”?
A. This will depend on what the service needs to look like in the future. Savings will
still need to be made and the service redesign will be looking at how service can be
provided in an efficient cost effective manner.


PENSIONS

Q. Is there any news on the NHS Pension Scheme?
A. We are pleased to confirm that the pension transfer order has been received for
PCT staff transferring to Swindon Borough Council on 1st April 2011.
The order will enable staff to remain in the NHS Pension Scheme on transfer.

Q. Will the pension contributions stay the same?
A. Pension contributions are dictated by the Pension provider, not the employer. At
this moment in time we are not aware that NHS Pensions are intending to vary the
contribution rates, however following publication of the Hutton Pension review we are
awaiting further information from the Government on this.

Q. If we get TUPE’d again when the commissioning contract expires, will we be
able to stay in the NHS Pension Scheme at that point?
A. It will depend to whom the contract is awarded and whether the provider is able to
offer NHS Pensions, however it is in all our interests to ensure we perform so well
that the contract is rewarded back to Children’s Services in SBC. If this is the case
then there would be no change to your terms and conditions and you would be able
to remain in your current pension scheme.

Q. Will the pension scheme be changed after transfer?
A. You will remain within your current scheme as now. This would change only if the
scheme changed, which might be the case if the Government nationally made
changes.

Q. TUPE basically protects us for one day only, the transfer date. What about
our pension scheme then?
A. You will remain in the scheme you transfer across in until you decide to opt out, or
you are successful in being appointed to a role which no longer provides eligibility to
the NHS scheme. This would be made clear as part of the terms and conditions of
the role when advertised.

Q. If after 1st April 2011 the redesign changes JD, the new post/contract will
impact upon pensions. Can the previous postholder stay in the NHS pension
scheme?
 A. It depends on the terms and conditions that are on offer for that post.


EDUCATION and TRAINING

Q. Will Children’s Services make provision for clinical excellence, training and
development of staff and communicate with other agencies and share best
practice? How will this be done?
A. It is important that Children’s Services supports its staff through professional
development, maintaining their professional registration and continue to build and



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develop on best practice experience and sharing. There will be access to statutory
and mandatory training, professional development and named professional leads that
will be responsible for ensuing staff within their professional group are trained and
maintain relationships with other agencies, professional bodies etc. The intention
would be to set up something similar to the Professional Forum to ensure such share
of knowledge and experience.

Q. What about education and training?
A. Money remaining in budgets will be transferred. Statutory and Mandatory training
continues to be provided from PCT until desegregation.

Q. Education / Development – maintain professional standards?
A. Employers need to ensure professional standards are maintained. Training will
continue and will be accessed via the PCT; arrangements for future provision will be
confirmed when decided.


SUPPORT FUNCTIONS

Q. What will happen to outside contracts such as IT, HR, maintenance and
cleaning?
A. For other business support services discussions are currently taking place to
agree provision arrangements. Children’s Services will transfer set up with the
support it needs to operate. It could be that some business support arrangements will
be transitional and change over the early years of the contract.

Q. What percentage of backroom staff at PCT HQ will be TUPE’d over to the
Borough Council?
A. It is not possible to be specific as yet. The PCT are still working through the
potential TUPE implications for support staff. Children’s Services need to confirm
their service level requirements and at the same time staff working patterns are being
reviewed to establish percentage time they are spending on Adults, Children’s and
Commissioning work. This combination of information will establish both service
requirements and TUPE implications.

Q. Who will provide Occupational health services after transfer to SBC?
A. SBC use Care First. They will provide the service to transferees post-transfer.
Care Support offer a 24 hour service.

Q. Where will PALS sit?
A. We are reviewing where such functions will sit and how they will be provided. As
soon as this decision has been made we will share with staff.

Q. Will all our new documentation have to change in line with the new
provider?
A. The service will be provided through SBC as the employer so documentation will
need to change to reflect this.

Q. What logo will we use, will it be SBC on stationery by 1st April 2011?
A. Yes, we will be part of SBC and so use its logo. All stationary will need to change.




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Q. IT access support. Will EPEX records still exist?
A. IT systems will be moved to SBC as soon as possible, work has already begun on
this. EPEX will still exist – it is being looked at currently as to how we will access this.
As many sites as possible will be SBC networked.

Q. Will we continue with current storage arrangements?
A. Squirrel storage can be used to store and withdraw items.

Q. Can we still access NHS supplies?
A. We are exploring whether SBC can access supplies via NHS Supplies

Q. IT Links with the hospital are anticipated to be a problem
A. Access with Medway – work is ongoing with the acute to ensure access can be
continued.

Q. Volunteers, can we use them?
A. Volunteers do not TUPE therefore if areas wish to access the use of volunteers
then the approach will need to be discussed with SBC HR.

Q. What child health records will be transferred to the new provider?
A. To be clarified. However we recognise the importance of staff being able to access
information necessary to deliver their role in a timely professional manner.


GENERAL

Q. A number of staff have not yet received their pension choice packs. We
understand from the pensions agency that the PCT can asked that distribution
can be speeded up where people are being TUPE’d – if so the PCT needs to
contact the pension’s agency direct.
A. We have checked this with the pensions agency and this is not correct. It is only
staff who are not able to take over their pensions on the same terms who can apply
for an opt-in form to get it speeded up. You will be aware that we are in process of
applying for a transfer order to allow staff transferring to SBC to remain in the NHS
pension scheme.

Q. What happens to our badges?
A. You will be issued with SBC badges in due course. In the meantime, if you have
blue badges you should keep them.

Q. What happens to petty cash and banking at Eldene?
A. SBC operates a petty cash scheme. They will ensure there is a system in place to
meet requirements.

Q. How will we order stationery?
A. This will be as per the SBC process. SBC will be holding a number of workshops
shortly when more detail on this can be provided.

Q. What’s going to happen to community stalls?
A. We will continue to be able to access these, even though it is intended that they
are going to be part of the new Social Enterprise organisation.




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Q. What happens to training and development that has already been booked?
A. This training will continue as now. Any changes to how training is delivered in the
future and by whom is currently being reviewed. If there are changes, these will be
notified to you at the appropriate time.

Q. Who will be the child protection lead for children?
A. This will continue to be Stephanie Bailey. The child protection procedures will
continue as they are now.

Q. What support are you going to give to health staff who are struggling with
the concept of being employed by SBC?
A. We look to you to be specific about what support you’re looking for and we will
then aim to help with those specific issues. However your line manager should be
your first point of contact and your first line of support. You should feed back to your
line managers what the issues are.

Q. Will we be still able to access information on the shared drives?
A. IT are aware of the issue and are working through the process.

Q. Currently we have several webpages on NHS Swindon about Speech &
Language Therapy. This is proving useful for patients and professionals to
refer to, as they can access our leaflets, referral forms etc. Will these pages be
able to be transferred to the SBC website or will we still be able to use the NHS
website for this?
A. It is likely that we will keep literature on both websites at least for a while so that
people have the best opportunity to find what they are looking for. We are working
with SBC to ensure there is a Health page on their website where all such
information can be stored.

Q. We have various literature which has NHS Swindon and SBC logos on. Will
we have to de-badge the NHS logo from these?
A. As we will still be providing health services under the banner of the NHS for the
foreseeable future we will continue with both logos. The decision longer term on
branding will be made by the Children’s Services Project board.

Q. What is the situation regarding a Clinical Lead for therapies?
As now the Professional Lead and the Head Paediatric Therapist will remain Clinical
Leads for Therapy Services. Clinical governance support will continue to be provided
from the PCT for the foreseeable future.

Q. With regard to Wiltshire Children’s (Paediatric Therapy), what is to happen
to the service?
A. Wiltshire PCT have withdrawn the notice previously given to NHS Swindon.
Therefore Children’s services will continue to supply the service. However we are in
the process of establishing the true cost of the service we provide and negotiations
will be had with Wiltshire PCT on the service that continues to be provided. More
information will be shared with staff when known.

Q. Why will I receive a P45 if I am transferring over to the new organisation –
does this not mean my service is being terminated?
A. It is normal practice when staff transfer from one organisation to another to issue a
P45, as this is a change in employer. The issue of a P45 in such cases is a legal
requirement under tax /PAYE rules. Your employment contract is not being


                                            12
terminated; but is being transferred to the new employer under TUPE, therefore
service will be continuous.

Q. Where will we access support with clinical audit and clinical governance?
A. Until separate arrangements have been made you will continue to access support
in the same way as you do now.

Q. What targets will we be working towards as have previously been working
towards DOH targets e.g. waiting times.
A. The transfer to SBC does not change the targets, savings and KPIs that the
service must achieve as outlined in the service specification.

Q. Will there be a health representative at director/senior manager level?
A. The health agenda will continue to be represented in an integrated way as
currently. The service is being transferred under the section 75 agreement and there
will be a joint Health and Social Care Board who will oversee any decisions and
ensure that both health and social viewpoint is represented.

Q. Will we still be able to access the library at GWH?
A. No, access is for NHS Staff only. However Children’s Service could approach
GWHFT to request access for its staff.

Q. Will my line manager change?
A. No changes in line management are planned at this time.

Q. Will my hours of work change?
A. Not as result of the transfer. The new provider will need to review the current
situation and arrangements. This may mean some changes will need to be made. It
is too early to say if hours of work will change.

Q. Will we have to get ID new badges made?
A. You will be employed by SBC so it is likely new ID badges will be required.

Q. Is there a chance that uniforms will change?
A. This has not yet been decided, any relevant information will be communicated
during the consultation process with the new provider/s.

Q. Admin staff – what will happen to them?
A. Admin staff will be transferring to SBC. Any change to admin support will be
through consultation.

Q. What will happen to personal files?
A. This will be communicated closer to the time.

Q. What will happen after 2012/2013 – no PCT/SHA?
A. The service will link to and be commissioned through the GP Consortia.

Q. We have heard that Learning Disabilities need to move out of Chatsworth
House by the end of March. Will this impact on us?
A. We need to check what is happening with Learning Disabilities but there are no
plans to move Child Health out of Chatsworth House before March. For one thing we
have a lease and a notice period of at least 6 months is required.




                                         13
Appendix A
                          TERMS and CONDITIONS

No   Sub section     Policy                     Transfer
1    Salary          Salary Protection          Yes
                     Salary Progression /       Yes - contractual term
2                    Grading system
3                    Starting Salary            Yes
     Pay             Standby / On Call          Yes
4    Allowances      Payments and others
                     Recruitment & Retention    Yes
5                    Premia
                     Preceptorship policy &     Yes
6                    procedure
     Travel          Business Mileage           Yes
7    Allowances      Reimbursement
8                    Bicycle Allowance          Yes
                     Motorcycle usage           Yes
9                    allowance
                     Travel & Subsistence       Yes - entitlement & policy transfer for
10                                              PCT staff
11   Other Pay       Expenses and Subsistence   Yes
12                   Redundancy                 Yes
     Pension         Pension                    Seeking transfer order to enable staff
13                                              to remain in current scheme
                     Ill Health Retirement      Seeking transfer order to enable staff
                                                to gain access to IHR via current
14                                              pension scheme
                     Long Term Disability/PHI   Seeking transfer order to enable staff
                                                to gain access to Long Term
                                                Disability /PHI via current pension
15                                              scheme.
                     Life Assurance             Seeking transfer order to enable staff
                                                to gain access to IHR via current
16                                              pension scheme
     Working         Hours of Work              Yes
17   Hours
                     Shift Premium and          Yes
18                   Patterns
19                   Overtime                   Yes
20                   Continuous Service         Yes
21                   Notice Period              Yes
     Leave           Holiday                    Yes - right to access entitlement
22                                              transfers, Adopt SBC Process
                     Adoption Leave             Yes - right to access entitlement
23                                              transfers, Adopt SBC Process
                     Maternity Leave and Pay    Yes - right to access entitlement
24                                              transfers, Adopt SBC Process
                     Paternity Leave            Yes - right to access entitlement
25                                              transfers, Adopt SBC Process
                     Parental Leave             Yes - right to access entitlement
26                                              transfers, Adopt SBC Process
27   Policy stated   Sickness absence           Yes - right to access entitlement



                                          14
     within our                                  transfers, Adopt SBC Process
     contract T&C
                     Disciplinary Procedure      Yes - right to access entitlement
28                                               transfers, Adopt SBC Process
                     Grievance Procedure         Yes - right to access entitlement
29                                               transfers, Adopt SBC Process
                     Health and Safety           Yes - right to access entitlement
30                                               transfers, Adopt SBC Process
                     Professional Registration   Yes - right to access entitlement
31                                               transfers, Adopt SBC Process
     Stated          Harassment at work          Yes - right to access entitlement
     within AfC                                  transfers, Adopt SBC Process
32   T&C
                     Whistle blowing             Yes - right to access entitlement
33                                               transfers, Adopt SBC Process
                     Occupational Health         Yes - right to access entitlement
34                                               transfers, Adopt SBC Process
                     Equal opportunities         Yes - right to access entitlement
35                                               transfers, Adopt SBC Process
                     Adoption Rights Policy      Yes - right to access entitlement
36                                               transfers, Adopt SBC Process
37                   Collective Agreements       Yes
38                   Union recognition           Yes
     Stated in our   Additional Employment       Yes - right to access entitlement
39   contracts                                   transfers, Adopt SBC Process
                     Induction                   Yes - right to access entitlement
40                                               transfers, Adopt SBC Process
41                   Place of Work               Yes
                     Identity Badges             Yes - right to access entitlement
42                                               transfers, Adopt SBC Process
                     Company property            Yes - right to access entitlement
43                                               transfers, Adopt SBC Process
                     Personal property           Yes - right to access entitlement
44                                               transfers, Adopt SBC Process
                     Intellectual Property       Yes - right to access entitlement
45                                               transfers, Adopt SBC Process
                     Restriction of Activities   Yes - right to access entitlement
46                                               transfers, Adopt SBC Process
                     Restrictive Covenants       Yes - right to access entitlement
47                                               transfers, Adopt SBC Process
                     Business confidentiality    Yes - right to access entitlement
48                                               transfers, Adopt SBC Process
                     Dress Code                  Yes - right to access entitlement
49                                               transfers, Adopt SBC Process
                     Retirement age              Yes - right to access entitlement
50                                               transfers, Adopt SBC Process
                     Job Sharing                 Yes - right to access entitlement
51                                               transfers, Adopt SBC Process
                     Mobility                    Contract dependant - will transfer if
52                                               written into an individual's contract
     FSA             Gifts                       Yes - right to access entitlement
53                                               transfers, Adopt SBC Process
                     Code of Business Conduct    Yes - right to access entitlement
54                                               transfers, Adopt SBC Process
56   Non             Performance                 Yes - right to access entitlement



                                         15
     contractual   Management                  transfers, Adopt SBC Process
     policies
     Non           Child care vouchers         Yes
     contractual
57   Benefit
                   Discount Schemes /          Yes
58                 Voluntary
     Salary        Payment of salary           No - adopt SBC Process
59                 (Payment date)
60                 Salary Recovery             No - adopt SBC Process
61   Leave         IVF                         No - adopt SBC Process
                   Christmas Discretionary     No - adopt SBC Process
62                 Day
     Non           Relocation                  No - adopt SBC Process
     contractual
63   policies
64                 Work Disruption             No   -   adopt   SBC   Process
65                 Disputes                    No   -   adopt   SBC   Process
66                 Security of staff records   No   -   adopt   SBC   Process
67                 Allegations against staff   No   -   adopt   SBC   Process
                   Work experience /           No   -   adopt   SBC   Process
68                 Volunteers
69                 Smoking                     No   -   adopt   SBC   Process
70                 Business Travel Insurance   No   -   adopt   SBC   Process
71                 Recruitment                 No   -   adopt   SBC   Process
72                 Stress Management           No   -   adopt   SBC   Process
73                 Capability                  No   -   adopt   SBC   Process
                   Training and                No   -   adopt   SBC   Process
74                 Development
75                 Eye Tests                   No   -   adopt   SBC   Process
76                 Reserve Forces              No   -   adopt   SBC   Process
77                 Long Service Award          No   -   adopt   SBC   Process
78                 Premises security           No   -   adopt   SBC   Process
79                 CRB References              No   -   adopt   SBC   Process
80                 Domestic Violence           No   -   adopt   SBC   Process
81                 Alcohol and Drugs Policy    No   -   adopt   SBC   Process
82                 Extended / Banked Leave     No   -   adopt   SBC   Process
83                 Special Leave               No   -   adopt   SBC   Process
84                 Telephone at home           No   -   adopt   SBC   Process
85                 Mobile Telephones           No   -   adopt   SBC   Process
86                 Secondments                 No   -   adopt   SBC   Process
87                 Performance Review          No   -   adopt   SBC   Process
88                 References                  No   -   adopt   SBC   Process
89                 Polling Station Duties      No   -   adopt   SBC   Process
                   IT security and internet    No   -   adopt   SBC   Process
90                 usage
91                 Data Protection             No   -   adopt   SBC   Process
92                 Retirement Gift             No   -   adopt   SBC   Process
93                 Career Break                No   -   adopt   SBC   Process
94                 Overseas Policy             No   -   adopt   SBC   Process
95                 Flexible Working Policy     No   -   adopt   SBC   Process
96                 Home Working Policy         No   -   adopt   SBC   Process
97   Non           Wellbeing                   No   -   adopt   SBC   Process



                                     16
      contractual
      Benefit
98                    Flexi-time                  No   -   adopt   SBC   Process
99                    Car Parking Facilities      No   -   adopt   SBC   Process
100                   Tuition and Study Leave     No   -   adopt   SBC   Process
                      Fire Warden (no             No   -   adopt   SBC   Process
101                   allowance currently paid)
102                   First Aider Allowance       No - adopt SBC Process
                      Dependants Care             No - adopt SBC Process
103                   Allowance
104                   Staff Support Services      No - adopt SBC Process
                      Membership of               No - adopt SBC Process
105                   professional bodies
                      Subsidised Restaurant /     No - adopt SBC Process
106                   Meal Allowance
                      Mobilisation of Reserve     No - adopt SBC Process
107                   Armed Forces
      Non             Season Ticket Loan (STL)    SBC Process - can access after
      contractual                                 transfer
      Benefit - non
108   PCT
                      Sharesave                   SBC Process       - can access after
109                                               transfer
                      Give as you Earn            SBC Process       - can access after
110                                               transfer
                      Swindon Card                SBC Process       - can access after
111                                               transfer
                      Reward & Recognition        SBC Process       - can access after
112                   Scheme                      transfer
                      Mortgage Scheme             SBC Process       - can access after
113                                               transfer
                      Employee Volunteering       SBC Process       - can access after
114                                               transfer
                      Employee Representative     SBC Process       - can access after
115                   Forum                       transfer
                      Loyalty Awards              SBC Process       - can access after
116                                               transfer
                      Staff Living in Tied        SBC Process       - can access after
117                   Accommodation               transfer




                                             17

								
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