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GP Services: TUPE Transfer of Services

The transfer of services between the public sector, charities and social enterprises will usually trigger a relevant transfer governed by TUPE.  This means that employees assigned to a transferring service will transfer with the service, and that their terms and conditions of employment will be protected.

So what does this mean for the company taking over (NewCo) from the outgoing company (OldCo)? Are they obliged to continue the same structure? 

Well…

TUPE preserves the terms and conditions of employment of all transferring employees. Within a practice TUPE would apply to GP’s, nurses, receptionists and cleaners.  However, it is unlikely to apply to those working under a genuine contract for services such as self-employed locum.

NewCo may, however, undertake a restructure process on the basis of an Economic, Technical or Organisation (ETO) reason. 

Restructures 

Where a practice restructures as a result of TUPE there are strict procedures which must be followed to ensure any dismissal is fair. Ignoring TUPE may mean paying a hefty fine for unfair dismissal in an employment tribunal. 

NewCo must consult and inform staff, ensure the selection of roles and people at risk of redundancy is undertaken fairly and allow staff the opportunity to comment on the situation, including serious consideration into any viable suggestions raised to avoid redundancy altogether (such as reduction in hours and/or wages). 

Failure to follow procedures could result (and you know what’s coming next) in an employment tribunal litigation. 

How we can help

So, while it may be exciting to have won a tender for the transfer of a GP service from a public body, obtaining specialist advice is essential. 

Employment law is in a state of constant flux. The law changes so frequently that it is difficult for those in business to keep up to date with the intricacies of employment law whilst focusing on running a business. That is why we have developed myHR where our lawyers and consultants become your outsourced HR team. 

A subscription to myHR means you are provided with day-to-day support and advice on managing your staff through a TUPE service transfer including assistance through the consultation process, measure statements and redundancies.e. We are regulated therefore you have peace of mind when following our advice and can get on with what you are good at doing – running your business. 

If you are a practice owner or manager and want to know more about myHR or want a free business MOT please contact us our specialist GP team, headed by Samira Cakali, on 0113 350 4030 or at hello@scesolicitors.co.uk.

If you would like to be kept up to date with employment law and dispute resolution updates, please subscribe to our monthly newsletter.


SCE Solicitors is a boutique employment law and dispute resolution practice based in Leeds which advises clients nationwide.  Please note that the information in this blog is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with SCE Solicitors or other professional counsel before acting on the information contained here. 

Samira Cakali

Solicitor Advocate LLB (Hons), Higher Rights (Civil) at SCE Solicitors
Samira Cakali is a pragmatic and approachable solicitor advocate with extensive contentious and non-contentious experience in the fields of employment law as well as civil litigation, within a range of commercial businesses from SME’s to multinationals as well as senior executives.

Latest posts by Samira Cakali (see all)

Samira Cakali

Samira Cakali is a pragmatic and approachable solicitor advocate with extensive contentious and non-contentious experience in the fields of employment law as well as civil litigation, within a range of commercial businesses from SME’s to multinationals as well as senior executives.

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