NHS: Subsidiary Companies

(asked on )

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what measures are in place to provide long-term protection of (a) pay and (b) pensions of NHS staff transferring to wholly owned subsidiaries established by NHS Trusts.


Answered by
Steve Barclay Portrait
Steve Barclay
Secretary of State for Environment, Food and Rural Affairs
This question was answered on 6th June 2018

Any National Health Service staff compulsorily transferred to a wholly owned subsidiary from the NHS should, subject to legal advice, be covered by Transfer of Undertaking Protection of Employment (TUPE) legislation in respect of their pay, and terms and conditions of service. Her Majesty’s Treasury’s New Fair Deal1 guidance offers protection in respect of continued access to the NHS Pension Scheme for compulsorily transferred NHS staff.

Note:

HM Treasury’s New Fair Deal guidance requires that NHS employees who transfer compulsorily from a NHS body to an independent organisation retain access to the NHS Pension Scheme in their new employment. This occurs where the function performed by the transferring employees has been outsourced by the provider or the service put to tender by the commissioner.

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