HC Deb 02 July 1997 vol 297 cc197-8W
Mr. McAllion

To ask the Secretary of State for Scotland if he will ensure that NHS staff transferred to private sector employers under PFI projects retain the same wages, conditions and rights as when they were directly employed by the NHS. [5863]

Mr. Galbraith

In general terms, NHS employees who transfer to the employment of a private operator are protected by the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE). TUPE protects the contract of employment at the point of transfer to the new employer. Thereafter, pay and other terms and conditions of service may only be changed as a result of the normal joint process of negotiation between employer and staff, and with the agreement of both sides. Under common law, any significant variance from the terms of an existing contract of employment could represent a breach of contract.

Despite the protection offered by TUPE regulations described above, some staff may be concerned about transferring from the NHS to private sector employment. There are benefits for the NHS in the inclusions of service elements in current models of PFI, but it is also important to take the interests of employees fully into account, and we shall do so in the fundamental review of PFI in Health that is being currently undertaken.

Mr. McAllion

To ask the Secretary of State for Scotland what estimate he has made of the number of staff currently directly employed by the NHS who will(a) lose their employment and (b) transfer to private sector employers under the PFI proposal to build the new Edinburgh Royal Infirmary. [5864]

Mr. Galbraith

As a new hospital we expect the new Royal Infirmary to provide considerable efficiency savings particularly as it will be situated on only two sites whereas at present it comprises seven hospitals on four sites. We recognise, therefore, that there will be implications for staffing levels. The Trust will manage this process over a 5 year period and it is expected that excess posts can be shed mainly through natural losses.

Around 190 non-clinical staff will transfer to work for the private sector employer.

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