§ Mr. BlunkettTo ask the Secretary of State for Health (1) if she will seek to amend the wording of the National Health Service and Community Care Act 1990 to clarify the position with regard to the continuity of redundancy and unfair dismissal rights of NHS employees whose employer is transferring to trust status and whose contract contains a mobility clause, permitting or requiring them to work at more than one site;
(2) what assessment has been made by her Department of the implications of the Employment Appeals Tribunal verdict in the case of Northern general hospital NHS trust v. Gale for the continuity of redundancy and unfair dismissal rights of NHS employees whose employer is transferring to trust status and whose contract contains a mobility clause, permitting or requiring them to work at more than one site.
§ Dr. Mawhinney[holding answer 14 March 1994]: The National Health Service Management Executive has considered the employment appeal tribunal judgment and concluded that consequential amendments to the National Health Service and Community Care Act 1990 are not required.
Section 6(1)(b) of this Act provides for the employment rights of any person employed by a health authority who is 892W working at more than one unit to be protected on transfer to a trust if that person is designated under a "scheme" made by the health authority specified in the establishment order of a trust.