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The following is an email dated today and sent by Napo Greater London Branch to their members :- 

2 May 2014

To: Branch Chairs, Vice Chairs, Secretaries, Convenors Family Court SEC (For information), Officers and Officials

Dear Colleague,

TR Briefing for Branches -- Update

(Last update BR45/14 issued 14th April)

This is an interim briefing issued as a matter of urgency to re-assure members.

Two things have started to happen that may cause anxiety and distress amongst members.

Staff Transfer Letters

The Probation Services Transfer Scheme, made under the Offender Management Act 2007, has now been sent to Trusts. This is the legal mechanism whereby contracts of employment are transferred from Probation Trusts to CRCs or NOMS (NPS). It requires the Trusts, as transferors, to write to all affected staff informing them of their transfer to a new employer. These letters have already started to be issued in some Trusts and they should be sent to all staff next week. Employees have the right to object to this transfer by signing the letter and returning it – but if they do so they will effectively be resigning from the Trust on 31 May so the advice is: DO NOT DO THIS. Whilst these transfers may be unpalatable, sadly they are now becoming a reality. Members are advised that they should note the contents of the letter but there is no need to do anything further. This Staff Transfer Scheme is almost exactly the same as that which was implemented when Boards became Trusts – for those of you who remember. It’s clearly a much bigger deal this time around. Nevertheless, members are advised not to formally object.

P45s

There is talk abroad of staff being issued with P45s, which is likely to cause distress and anxiety (in addition to that being generated by the aforementioned letters). In the TR Implementation Issue 24, sent out by NOMS earlier this week to Trusts (available on EPIC), the following statement was made: “Payroll Change – Statement of earnings or P45s as at 31/5 - We are aware that this is an outstanding question, we are currently agreeing the final position with HMRC. As soon as we have a final position the guidance will be sent to HR and Finance Leads. It will also be circulated in the next Bulletin.”

This isn’t entirely helpful or re-assuring. Our current understanding is that this is a technical requirement imposed by HMRC to ensure that everybody’s pay record and tax code transfers correctly for pay purposes. It remains to be decided whether staff actually need to be issued with a physical copy of P45s. We would prefer not, but even if they are, members should be reassured that this does not indicate an end to their employment. Not satisfactory we realise, but not terminal either.

And finally: -

TR Briefings – following representations made at the NEC on Wednesday, these are all now posted on Napo’s website (under Resources). A note in the Newsfeed will lead readers to them.