Q&As: what happens next?

What happens if I don't have a job at the end of this process?

This is a complex transition and it is not clear how the process will affect all staff - the majority of staff will find employment via a job matching or redeployment process. There will, however, be a small number of individuals, who at the end of the process may be made redundant. Employers will need to consult with trade unions and individuals on the redundancy situation and will need to follow legal and agreed employment processes. Any redundancy situation will be covered by section 16 of the Agenda for Change Terms and Conditions Handbook, where this applies. The NHS Employers website gives more details on this.

If this happens, when will I know?

Your employer will need to give you contractual notice of redundancy (generally three months).

What is suitable alternative employment?

"Suitable alternative employment" is a legal term which can be determined within the Employment Relations Act 1996. The main factors determining suitable alternative employment depend on how similar the new job is to the existing one, the terms on which it is being offered, the skills and abilities required to undertake the job and finally the pay, status, hours and location. Potentially if an employee turns down suitable alternative employment then they could forfeit any redundancy payment. What suitable alternative employment actually is varies depending on individual circumstances and your RCN representative can advise on this.

What is the difference between a transfer scheme and TUPE?

Both terms refer to a legal process which involves the transfer of employment between employers enabling the continuity of employment to be preserved. If the transfer falls within the scope of the TUPE regulations then no other legal mechanism will apply and the TUPE regulations will govern the transfer of employment. If TUPE does not apply, and if there is a transfer occurring due to what is called a statutory power, in this case the Health and Social Care Act 2012, then a transfer scheme will apply.

What will happen if everything isn't finalised by Christmas?

The commitment being given is that everyone will know by 31 December what will happen to them on 31 March 2013. Employers and trade unions are working in partnership to ensure that contingency plans are in place and that we consider streamlining processes, where those are safe to do so. 

How will I know what posts I can apply for?

Posts advertised on NHS jobs, will be available for all affected staff to apply for. However, any staff who are matched to jobs or been successful in a redeployment process, will not be able to apply for jobs during the protected ring fenced stages (3a to 4) – they will only be able to apply once they are advertised for open recruitment (step 5).

What do I do if I feel I need RCN support and representation with my individual issues?

You will need to telephone RCN Direct on 0345 772 6100 – open 8:30am to 8:30pm, 365 days a year. They will take your details, offer initial advice where possible and then refer your details on to your local RCN regional office.  A member of the regional team will call you by 5pm on the next working day, usually sooner, to discuss what support you require.