Public health – local authorities

Public health structures in local authorities should now have been released and there will be a high proportion of lift and shift - around 90 per cent of staff. There should be ongoing consultations around this, and staff should be clear that they are transferring.

Staff transferring to local authorities will have their pension protected via the transfer scheme. Read more on the Department of Health website.

It has been confirmed that staff with Special Classes status (ie. the ability to retire at age 55 without an actuarial reduction being applied) will retain this status and benefit on transfer. The agreement is detailed in the following letter on the Department of Health website.

People who are transferring to public health will be aware that they are transferring out of the NHS to a local authority employer. Though there will be protections for terms and conditions as per TUPE regulations, where they apply and the transfer scheme will offer protections where TUPE does not apply.

Guides for staff transferring

There are some guides available for staff transferring:

• Read 'Working in Local Government: A Guide for Public Health Staff' on the Local Government Association website. 
• Read 'The Role and Responsibilities for Local Authorities as "Receiver" Organisations in the Transfer of Public Health Functions' on the Local Government Association website.
• The Department of Health has released the public health responsibilities of local authorities, and also the role of directors of public health. These is available on the Department of Health website.
• Read the Public Health RCN Position Statement (PDF 192MB) [see how to access PDF files].
• The Department of Health has issued key messages key messages and resources for employers with staff transferring to local authorities. Read these on the Local Government Association website.
• The agreement on pension provision for transferring staff, new starters post 1 April 2013, and the groups of staff to whom ongoing access to the NHS pension scheme has been agreed is available to read on the Department of Health website.
• There are FAQs intended for local authority managers (PDF 179KB) which usefully highlights the different scenarios under which staff will transfer and the employment protections afforded.
• The local authority memorandum of understanding (Word 52KB) sets out how employers and trade unions will work together post-transfer.

Local authority budgets

The 2013-14 local authority budgets will be confirmed in December, though there is some uncertainty as to future budgets. However, the Secretary of State has given assurances that current budgets will be protected, and we should not see any reduction in staffing driven by finances. If there are issues arising as a result of budget changes then please contact your local RCN representative.