We are writing in our capacity as IWGB ICE representatives, as the ICE Forum has been sent documentation relating to the proposed TUPE transfer of all UoL staff to HEE, and we will be discussing this at the next Forum meeting, which will be taking place next Wednesday 28 November 2018.
The University has refused to allow us to release the actual documentation to affected staff, despite our objections, but it deals in essence with the email below that you have all received.
It is worth bearing in mind that on 28 September 2018 HR Director Simon Cain wrote to me that – ‘there is currently no discussion underway to transfer UoL staff to HEE’ – and yet now the University is moving with such haste that it intends to complete this transfer by 1 April 2019.
We have submitted the attached questions (HEETUPEtransferquestions) to the University / HEE for a response – but please do let us know if you have further queries you would like raising.
The key element of this move will be that staff will be forced to move from their current UoL pensions (SAUL or USS) into the less favourable NHS pension scheme.
The IWGB’s position is that that staff who have already been through a massive and traumatic restructure are now being made to pay again (this time via their pensions) for an accountancy error made at the highest levels.
Furthermore, there is no need for this to happen – UoL and HEE should be querying the VAT interpretation, especially since it in essence it represents the government taking money from itself.
The IWGB will be challenging this development in the ICE Forum – to escalate the fight then we need staff to get in touch and let us know what action they are prepared to take. If you want to fight this we will back you up all the way.
(on behalf of your IWGB ICE reps)
From: London and South East Communications
Sent: 21 November 2018 15:00
To: All (London) <email@example.com>
Subject: Important update message for staff on the business relationship between HEE and University of London (UoL)
Following my communication on 7 September 2018, I am writing to provide an update on the ongoing discussions regarding the current business relationship between HEE and the University of London (UoL). As you will be aware, UoL staff currently work alongside HEE staff as part of our operations in London.
I advised you previously that, following a HMRC review, it has been established that HEE will incur a £2.1 million VAT liability as a result of the current contractual arrangement between UoL and HEE. This change of taxation creates a cost pressure which is not sustainable going forward.
HEE’s Executive Team and the London Regional Management Group have considered all options available to HEE in reducing this cost pressure and we have determined that a full transfer of the service provision is now required.
This transfer of service provision will also require a transfer of employment for staff employed by UoL under this service provision. The transfer would be performed under the protection afforded by the legislative regulations set out under Transfer of Undertakings (Protection of Employment) Regulations 2006 amended 2014 (known as TUPE). Those regulations include the requirement for full consultation with affected staff.
HEE have notified colleagues at UoL of our intention to transfer the service provision and we have requested a transfer date of 1 April 2019. UoL will now undertake their governance and consultation procedures in response to our request.
HEE have also notified our recognised trade unions of the transfer and we will be continuing our discussions with trade union representatives on 28 November 2018 at the London Staff Partnership Group and the wider HEE Social Partnership Forum on 10 December 2018.
I will continue to keep you updated on this matter and I fully expect that UoL will also be communicating with their trade union partners and employees in due course.
A set of FAQ’s relating to the effects and practicalities of TUPE will also be provided.
In the meantime, please do not hesitate to contact your line manager, trade union representative, or HR team should you have any questions at this stage.
Chief Nurse and Interim Regional Director for London
Health Education England
Stewart House | 32 Russell Square | London | WC1B 5DN