What is the process for new members of staff that TUPE into the Trust?

Managers must contact the Workforce Transformation team at the earliest opportunity due to the multiple steps involved. This includes assessing due diligence information, agreeing measures and communicating any changes with the staff member transferring into the Trust.

Staff need to be consulted in accordance with the transitional organisational and workforce change procedure with a staff side representative present.

What is the process for members of staff that TUPE out of the Trust?

Managers must contact the Workforce Transformation team at the earliest opportunity. The outgoing employer is legally obliged to provide to the new employer with due diligence information and the receiving measures.

Staff need to be consulted in accordance with the transitional organisational and workforce change procedure with a staff side representative present.

What happens if a member of staff does not want to TUPE out of the organisation?

It is important that all members of staff understand that they are vital to the delivery of Trust services. The Trust wants to ensure members of staff continue to feel part of the services that are transferring to.

If a staff member does not wish to work for the new employer they have the right to refuse, which will need to be confirmed in writing with their line manager. But they should be made aware that in legal terms, this would be classified as a resignation.