Following recent reports that the UoL is considering transferring staff to HEE, the IWGB has flagged up various issues – including that of pensions…see below for full correspondence and ask Danny (firstname.lastname@example.org) if you have any questions:
Thanks for getting back to me, and sorry myself for this slightly delayed response. I note that you should now have met with HEE HR, and look forward to hearing more.
I am sure this will have been covered in your discussions, but I wanted to flag up the issue of pensions.
Staff have essentially been assured that there are no plans as yet to transfer them to HEE, and if they are transferred they will keep their UoL terms and conditions (as per TUPE).
However, we are not clear as to whether this would cover pensions. My experience of TUPE is limited to transfers to and between outsourcing companies, but in these instances the pension scheme does NOT transfer.
Can you therefore confirm that should HEE staff currently employed by UoL be TUPE’d to HEE, they would not just retain their terms and conditions, but also membership of the SAUL / USS pension scheme?
Subject: RE: TUPE transfer of HEE staff – URGENT
I would first like to apologise for the delay in providing you with a response.
I will be meeting with my HR counterpart from Health Education England (HEE) on 18th September, after which I hope to be in a position to comment further on this matter as it relates to the University’s obligations under the ICE regulations.
In the meantime, I note that you have been forwarded a communication issued on behalf of HEE and UNISON, which clarifies that there is currently no discussion underway to transfer UoL HEE staff onto AfC contracts.
On a final note, I would like to reassure you that in that event that there is a transfer of staff, myself and my HEE counterparts, are fully aware of our respective obligations under the TUPE regulations. The University would of course also ensure it complies with its obligations under the ICE Regulations.
From: Danny Millum
Sent: 09 September 2018 19:08
I have still not had a reply to the email below – would you be able to get back to me as a matter of some urgency?
I understand that you have confirmed to UNISON that even if a transfer of staff from UoL to HEE were to take place, staff would be able to retain their existing UoL terms and conditions.
I would like to clarify that this is in fact the legal position – that under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), an employee’s terms and conditions of employment are protected when a business is transferred from one owner to another. In other words, it would be illegal for HEE to force staff onto AFC terms and conditions.
I would further note that that staff are still suffering the consequences of the massive workforce cuts implemented in 2016, and any suggestion that these staff should pay through worsened terms and conditions for an accounting error by HEE / UoL is completely unacceptable.
From: Danny Millum
Sent: 06 September 2018 11:29
Subject: TUPE transfer of HEE staff – URGENT
Dear Elaine and Simon
I understand that there are discussions underway to transfer UoL HEE staff onto AFC contracts.
Could you confirm full details of these plans if this is the case, and explain why these proposals have not been brought before the ICE forum in line with ICE Regulations?
This is a matter of some urgency so I would appreciate a response as soon as possible.
IWGB ICE Representative