Back-office NHS staff left jobless in transfer row
TWELVE NHS back-office workers have been left jobless in the middle of the coronavirus crisis in a dispute between a private contractor and Huddersfield hospital chiefs.
The employees of eMBED Health Consortium were responsible for running computer systems and business intelligence services used by GPs and other health officials across West Yorkshire.
The Examiner understands that about 150 workers were transferred to new NHS employers, after local health chiefs decided to move services back in-house.
But a dozen workers who believed they had been transferred to Calderdale and Huddersfield NHS Foundation Trust (CHFT) on April 1 were dealt a blow when the trust declined to accept them as employees.
The trust, which runs HRI, appears to claim their transfer to its group, “The Health Informatics Service” (THIS) had not been agreed.
eMBED, run from an office in central Bradford by contracting giant Kier, claims the transfer was lawful and the trust should have taken them.
Letters to the affected employees, seen by the Examiner, reveal the director of THIS advised the dozen to seek legal advice.
It says: “We disagree with your employer eMBED Health Consortium that you are a transferring employee ...”
It goes on: “I am sorry that you have been put in this position” and adds, “I respectfully suggest that you take independent legal advice on your employment position, which we believe remains with eMBED Health Consortium.”
Meanwhile, a letter from eMBED says they have informed CHFT that the socalled TUPE transfer is valid.
Unison’s organiser for Yorkshire, Natalie Ratcliffe, said both sides “had washed their hands” of the dozen workers, leaving them jobless in the middle of an employment crisis. She said: “I am staggered that these workers could not be given contracts. Through no fault of their own, they have been abandoned. The group attempted to present themselves for work via email and phone on Wednesday and were again rejected by the trust.
“The NHS is crying out for support and is rightly delaying organisation restructures and consultations during this time, as well as bringing in staff from industry with skills to support the fight against Covid-19. At the same time, the NHS is refusing the legitimate TUPE transfer of 12 experienced staff.
“They were supporting the NHS during unprecedented times and have been trying to support their communities while the NHS seems to be placing them all in a position of hardship.
“To be clear they get no redundancy payment, notice period or payment in lieu of notice, so have no income, and, in the current crisis, the opportunity to secure new employment is extremely limited. At the end of the day, members want to continue to support the NHS during this current crisis and have the skill and expertise to do so.”
CHFT’s deputy director of workforce, Jason Eddleston, said: “There have been extensive discussions where the position has been fully explained. We hope the situation is resolved by eMBED for their employees.”
A Kier spokesperson said: “Over the last four years, we have delivered vital business services to over 20 NHS Clinical Commissioning Groups (CCGs) and many GP practices through the eMBED health consortium.
“In 2019, the decision was made for these services to be taken in-house and as a responsible business we have been liaising with the CCGs and NHS England ever since in order for all eligible employees to have continued employment facilitated by a TUPE transfer to either the Clinical Commissioning Group (CCG) or new provider.
“In circumstances where TUPE transfer to CCGs has not been applicable this has resulted in redundancies.
“On April 1, over 150 people successfully transferred across to their new employers. Despite this process, there are unfortunately 12 individuals who have not been accepted for TUPE transfer by either the CCGs or new provider of the services to them.
“This is an unacceptable situation for those affected and we are disappointed that this is against both the requirements and the spirit of TUPE and The Cabinet Office Statement of Practice.”