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Nhs Trusts

Volume 225: debated on Thursday 27 May 1993

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To ask the Secretary of State for Wales what guidelines he has issued to the Welsh NHS trusts in relation to the implications of the Transfer of Undertakings (Protection of Employment) Regulations 1981 for existing staff transferred from health 'authority employment to trust employment.

A guidance document "NHS Trusts: A Working Guide" was published by HMSO in October 1990. This makes it clear that in making arrangements for staff transfer, and undertaking consultation, health authorities should assume that the transfer of undertakings regulations and the European Commission directive on acquired rights apply. Also, all staff who transfer to trust employment retain their existing contracts and rights. Further guidance in the form of a circular "National Health Service and Community Care Act 1990 —Staff Transfer Schemes" has been issued to the NHS in Wales which also refers to the protection of the rights of NHS employees on transfer to an NHS trust.