§ Mr. HinchliffeTo ask the Secretary of State for Health what duties(a) health authorities, (b) NHS trusts and (c) private investors have to consult with trade unions or worker representatives where a private finance initiative within the NHS will result in a transfer of undertakings; what time scale applies; what action he will take to ensure changes in the management of national health services falling within the acquired rights directive are negotiated to fulfil transfer of undertakings protection of employment requirements; and if he will make a statement. [24119]
§ Mr. MaloneThe private finance initiative does not affect the obligation of national health service employers to comply with the provisions of employment law.
Under the Transfer of Undertakings (Protection of Employment) Regulations 1981, employers—including NHS employers—involved in relevant transfers must provide certain information to appropriate representatives of any affected employees long enough before the transfer to enable consultation to take place. An employer who 190W envisages taking measures in connection with the transfer must also consult representatives of any affected employees with a view to seeking their agreement.