- Conference
- 2009 Health Care Service Group Conference
- Date
- 10 December 2008
- Decision
- Carried
Health Conference notes that East Lancashire PCT proposes to recommission the Supported Living Service for Burnley, Pendle and Rossendale, which will be the outsourcing of this service to either independent provider(s), or following the social enterprise model, (unless there is a successful in-house Trust bid), for some or all of the 32 houses affected by the proposal.
Conference is extremely concerned about the non-application of the Code of Practice on Workforce Matters in Local Authority contracts, in respect of the transfer of NHS staff in a previous recommissioning of Supported Living Service for Hyndburn and Ribble Valley, resulting in significant lesser terms and conditions under TUPE transfer (Transfer of Undertakings (Protection of Employment) Regulations.)
Experience of recent recommissioning of the Supported Living Service for Hyndburn and Ribble Valley, has demonstrated a significant effect on client care for this area of vulnerable adults, who have learning difficulties, due to the inability or unwillingness of independent providers to provide appropriate staffing cover on existing terms and conditions.
Recognition of trade unions remains a major issue, in spite of pre-transfer collective bargaining and recognition rights of UNISON. Non-recognition has been the case with one independent provider, and there are ongoing issues with the other providers.
Health conference demands that in all cases of recommissioning of Supported Living Services, the following should apply:-
i.An in-house bid should always be submitted, to retain the service under the NHS.
ii.Enforcement and application of the Code of Practice on Workforce Matters in Local Authority contracts, to transfer of NHS Staff, thus protecting term and conditions.
iii.Good client care for this group of vulnerable adults with learning disabilities is of great importance and such care is heavily dependent on a dedicated staff workforce. Previous recommissioning experiences have demonstrated a significant effect on client care, due to considerable staff turnover, and conference believes this is to be avoided.
iv.Recognition of unions is essential, in line with TUPE Regulations 2006 and Employment Rights Act 1999.
v.That where the possibility of a Social Enterprise model is envisaged, NHS Pension Rights for TUPE transferred staff should be protected.
Health conference calls on the SGE, in conjunction with other relevant bodies to:-
1.mount a campaign to keep Supported Living Services within the NHS
2.oppose outsourcing of Supported Living Services to independent providers or social enterprises, and to provide support to branches faced by such outsourcing.
3.engage or negotiate with all relevant individuals or organisations (including local MP’s, Secretary of State for Health, Management of PCT Trusts, County Councils, and to support branches in petitioning local Trust boards).
4.arrange the production of Supported Living Service-specific recruitment material, in order to raise UNISON’s profile, and strengthen the membership density, in that service.