Mental Health Officer status and TUPE transfers

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Conference
2009 Health Care Service Group Conference
Date
9 December 2008
Decision
Carried

This conference is mindful of how many NHS staff are now being transferred to the private and voluntary sector under “contestability” and “decommissioning.” In mental health and learning disability services this is further complicated by the number of staff who may still hold Mental Health Officer (MHO) status which allows them to retire at 55 on a full pension.

The legal situation around Transfer of Undertakings (Protection of Employment) Regulations (TUPE) transfers and pensions is already complicated but becomes even more so when MHO status has to be considered.

This conference therefore requests that the Health Group provide advice as far as is reasonably practical on how this sort of situation should be handled. We presume that this could be done in conjunction with the Pensions Unit.