§ Mr. McMasterTo ask the Secretary of State for Scotland (1) what is his policy in relation to the application of TUPE in the case of portering staff at the Royal Alexandra hospital in Paisley; how much has been spent by(a) his Department, (b) Argyll and Clyde health board and (c) the Royal Alexandra hospital trust on legal and other fees in opposing the claim by portering staff; and if he will make a statement; [1001]
(2) what is his latest estimate of the total cost to public funds of the dispute between Argyll and Clyde health board or its successor trust and portering staff at the Royal Alexandra hospital trust since 1 December 1992; what is his latest estimate of the amount that would have been required to settle the claim on the terms submitted by the portering staff; and if he will make a statement. [571]
§ Lord James Douglas-HamiltonIn any market testing programme it is for the health board or NHS trust concerned to consider the implications of the Transfer of Undertakings (Protection of Employment) Regulations 1981—TUPE—in awarding contracts.
Records have not been kept of the management and administrative costs incurred by officers of the Argyll and Clyde health board and the Royal Alexandra hospitals NHS trust in dealing with the claim made by UNISON on behalf of portering staff. Similarly it is not possible to hypothecate the legal costs incurred prior to 1 April 1995. Since that date the Royal Alexandra hospital NHS trust has spent £2,178.60 on legal fees arising from this action.
The claims submitted by the individual porters concerned have yet to be validated and will be the subject of further discussions. It would be misleading to provide any estimate of the value of these claims at this stage.