TUPE is applicable when there is a transfer of a business or undertaking (a body of work) from one employer to another, or where there is a service provision change. There will be a service provision change when the pathology service contracts between Viapath and the Trusts transfer to the new Viapath companies. This provides a TUPE opportunity that will apply to everyone regardless of which pension scheme they have membership of.

Yes, TUPE legislation states that all contractual terms and conditions (T&Cs) must remain as is prior to the transfer. NHS employees’ holiday entitlement is governed by Agenda for Change (AfC) and is, therefore, contractual. You will be entitled to any increases that are set out in AfC as at the time of transfer.   

We appreciate for some individuals there is a strong bond and a sense of pride that comes with being an NHS employee. We totally respect that depth of feeling and recognise that if you are a RoE employee then the prospect of a TUPE transfer to Viapath may be a sensitive subject. Discussions about a potential TUPE transfer are not something the employing Trusts have entered into lightly, but it is the solution that the Viapath Board collectively agrees is in the best interests of protecting both the service we provide and the continued membership of the NHS pension scheme for the Trust’s RoE employees. Remaining with the current RoE model would mean that, over the longer term, you would be unable to maintain access to the NHS pension scheme.

Viapath are committed to ensuring that, in the event of a TUPE transfer taking place that we continue to work together to create an organisation which also retains the best of the NHS culture and values within it.

The date of any redundancy calculation for a RoE individual post TUPE transfer would be from the date as stated in his/her Trust contract as their date of continuous reckonable service. 

Viapath will discuss this with Staff Side during consultation.

In the event that a Trust pulls out of the pathology contract, then this will trigger a TUPE transfer of Viapath staff to either the Trust (or an alternative provider, depending on the situation).

Yes employees would be able to continue using their nhs.net emails.

Yes employees would be able to continue using their nhs.net emails.

Our legal team are currently looking into this and we will be able to update you once they provide us with their conclusions.

No, TUPE protections are not time limited. Any changes to employment terms and conditions following a TUPE transfer are possible only through staff consultation and agreement. There are no plans to make any changes to employment terms and conditions and in any event anything we did propose would be subject to formal consultation with you.

The transfer does not require anyone to sign a new contract with Viapath, employees transfer automatically under the protection of TUPE legislation. TUPE legislation is legislation that protects the rights of employees who are affected by the transfer of a business or undertaking (a body of work) from one employer to another, or where there is a service provision change. TUPE aims to ensure that the transfer does not have any detrimental effect upon the employment situation for staff employed by the business or undertaking being transferred. However, if an individual refuses to transfer, as dictated by legislation, their refusal must be viewed as a resignation.

Please refer to the following Government link regarding further information on TUPE: https://www.gov.uk/transfers-takeovers/overview.

As you will remain within the same scheme external advice sources would remain the same, e.g. http://www.nhsbsa.nhs.uk/2735.aspx. In house contacts, following the transfer, are currently being determined.

Our payroll team are investigating the feasibility of bringing Viapath’s pay date in line with the NHS (24th of the month). We will update you on this as soon as possible.

Your OH provider will not change. Viapath have a contract with the current provider and this contract will not be affected by the transfer. As is normal practice we will review this arrangement at the contract renewal date.

This question need to be answered in two parts as it is important to make the distinction between 1. Contractual terms and conditions (T&Cs), and 2. Non Contractual T&Cs, policies, procedures and benefits i.e. non contractual elements.

1. TUPE legislation states that all contractual T&Cs must remain as is prior to a transfer. T&Cs governed by Agenda for Change (AfC) as at the time of transfer are contractual (e.g. maternity/adoption, holiday, sickness entitlement etc) and as such these would not change. 
2. Viapath is working with the Trusts to agree which non contractual elements (e.g. car parking spaces, nursery care etc) will transfer. These elements will be identified and confirmed during the consultation process.

This question need to be answered in two parts as it is important to make the distinction between 1. Contractual terms and conditions (T&Cs), and 2. Non Contractual T&Cs, policies, procedures and benefits i.e. non contractual elements.

1. TUPE legislation states that all contractual T&Cs must remain as is prior to a transfer. T&Cs governed by Agenda for Change (AfC) as at the time of transfer are contractual (e.g. maternity/adoption, holiday, sickness entitlement etc) and as such these would not change. 
2. Viapath is working with the Trusts to agree which non contractual elements (e.g. car parking spaces, nursery care etc) will transfer. These elements will be identified and confirmed during the consultation process.

This question need to be answered in two parts as it is important to make the distinction between 1. Contractual terms and conditions (T&Cs), and 2. Non Contractual T&Cs, policies, procedures and benefits i.e. non contractual elements.

1. TUPE legislation states that all contractual T&Cs must remain as is prior to a transfer. T&Cs governed by Agenda for Change (AfC) as at the time of transfer are contractual (e.g. maternity/adoption, holiday, sickness entitlement etc) and as such these would not change. 
2. Viapath is working with the Trusts to agree which non contractual elements (e.g. car parking spaces, nursery care etc) will transfer. These elements will be identified and confirmed during the consultation process.

This question need to be answered in two parts as it is important to make the distinction between 1. Contractual terms and conditions (T&Cs), and 2. Non Contractual T&Cs, policies, procedures and benefits i.e. non contractual elements.

1. TUPE legislation states that all contractual T&Cs must remain as is prior to a transfer. T&Cs governed by Agenda for Change (AfC) as at the time of transfer are contractual (e.g. maternity/adoption, holiday, sickness entitlement etc) and as such these would not change. 
2. Viapath is working with the Trusts to agree which non contractual elements (e.g. car parking spaces, nursery care etc) will transfer. These elements will be identified and confirmed during the consultation process.

This question need to be answered in two parts as it is important to make the distinction between 1. Contractual terms and conditions (T&Cs), and 2. Non Contractual T&Cs, policies, procedures and benefits i.e. non contractual elements.

1. TUPE legislation states that all contractual T&Cs must remain as is prior to a transfer. T&Cs governed by Agenda for Change (AfC) as at the time of transfer are contractual (e.g. maternity/adoption, holiday, sickness entitlement etc) and as such these would not change. 
2. Viapath is working with the Trusts to agree which non contractual elements (e.g. car parking spaces, nursery care etc) will transfer. These elements will be identified and confirmed during the consultation process.

This question need to be answered in two parts as it is important to make the distinction between 1. Contractual terms and conditions (T&Cs), and 2. Non Contractual T&Cs, policies, procedures and benefits i.e. non contractual elements.

1. TUPE legislation states that all contractual T&Cs must remain as is prior to a transfer. T&Cs governed by Agenda for Change (AfC) as at the time of transfer are contractual (e.g. maternity/adoption, holiday, sickness entitlement etc) and as such these would not change. 
2. Viapath is working with the Trusts to agree which non contractual elements (e.g. car parking spaces, nursery care etc) will transfer. These elements will be identified and confirmed during the consultation process.

Viapath continues to need to attract and retain the best scientists and support staff to deliver its strategic aim to be the leading pathology services provider in the UK and it would not make sense to make changes that would be detrimental to our employees. Additionally, the restructure will be covered by the Transfer of Undertakings (Protection of Employment Regulations (2006) (“TUPE”) and as a result all existing contractual employment terms & conditions will be maintained.  Nevertheless all organisations introduce change from time to time in the interests of improving the service / business and while there are no plans to make any changes, anything we did propose would be subject to formal consultation with you.

When Viapath receives NHS Pension Direction status transferring employees can remain in the NHS Pension scheme.  Therefore there will be no difference to any NHS Pensions procedures or retirement benefits as a result. 

Whilst staff cannot continue to apply  to the Trusts for funding, they will receive financial support from Viapath for continued personal development.  Viapath is investing significantly in staff learning & development through, for example the recent Scientific L&D Funding initiative and will continue to invest in the professional development of its staff going forward.

Our learning and development team are investigating this and we will update you on this as soon as possible.

Our learning and development team are investigating this and we will update you on this as soon as possible.

The date of any redundancy calculation for a RoE individual post TUPE transfer is based on the date as stated in an employee’s Trust contract as their date of aggregated service. This is the same for other similar contractual terms and conditions that depend on length of service/reckonable service.

TUPE protections are not time limited. 

Yes. The Trust locally agreed On-Call Policy will apply following TUPE.

The Trust currently provide the Viapath workforce with statutory and mandatory training stipulated by them as the host Trust, they issue us with dummy ESR number to track and give us access to the training and recording thereof. We have been in discussion with the Trust about in-sourcing this training, this will only be possible if we make alternative arrangement to meet the statutory requirements and report back to the Trust as appropriate. We will update you as soon as possible regarding any progress.

This is done in agreement with the host sites, in this case the Trusts, therefore we will continue to work with the host Trusts to determine mandatory training requirements.

Yes, TUPE legislation states that all contractual terms and conditions (T&Cs) must remain as is prior to the transfer. NHS employees’ holiday entitlement is governed by Agenda for Change (AfC) and is, therefore, contractual. You will be entitled to any increases that are set out in AfC as at the time of transfer.