If you are employed by a practice that is merging with other providersor practices to develop a new organisation (eg your practice becomes part of a fully integrated model), the new organisation would take responsibility for providing the services your employing practice used to provide.
In such cases, TUPE (Transfer of Undertakings (Protection of Employment) Regulations) would normally apply and your contract of employment would be transferred to the new organisation. This usually also covers independent sector organisations, such as social enterprises or limited companies.
If you are informed that your contract of employment may be transferred to a new provider, you should seek advice from the BMA immediately.
The main purpose of TUPE is to protect the terms and conditions of employees who are employed in a business that is being transferred, so that their contracts of employment are not terminated or changed. The effect is that the new employer steps into the shoes of the old employer, and continuity of service and any other rights are all preserved.
There is a requirement under the regulations for the old employer to give the new employer certain information about the employees who transfer and the regulations make it automatically unfair for the old or the new employer to dismiss an employee because of the transfer, unless an economic, technical or organisational reason can be shown that entails changes in the workforce.
However, even if TUPE does apply you may still consider that your position has been compromised, for example, your place of work may change to somewhere that is not convenient, and there are certain circumstances under which your new employer is entitled to introduce changes to your TCS following a TUPE transfer.
You can seek advice from the BMA should this situation arise at [email protected] or by calling 0300 123 123 3.
Following a TUPE transfer, independent sector providers are not obliged to implement nationally negotiated contractual changes thereafter. Similarly, there is no obligation for them to offer nationally negotiated contracts to employees joining after the initial transfer. If you are employed in a new organisation you are still entitled to BMA representation.
Read more information on TUPE