Following on from the obvious mess Napo has got itself into regarding the National Negotiating Council (NNC), this from UNISON published in May 2014 might be worth reflecting on:-
The Transfer Scheme is required, so the Ministry of Justice states, because the transfer of probation staff is not a TUPE transfer, but an administrative transfer. This means that the TUPE regulations (Transfer of Undertakings Protection of Employment Regulations), which would normally protect your terms and conditions on transfer, do not apply. So it has been necessary for the Secretary of State to draw up a Transfer Scheme to give you these same protections. The Transfer Scheme provides you with the following protections, which are in line with the National Negotiating Council (NNC) Staff Transfer and Protections
Agreement which UNISON members voted to accept earlier this year:
- Your Probation Trust contract of employment transfers to the NPS or a CRC, without change.
- Your terms and conditions, as set out in the NNC National Agreement on Pay and Conditions, will continue to apply in the NPS and CRCs
- All Trust liabilities and duties to staff, including liabilities arising from any claims against the Trust, transfer to either the NPS or the CRC
- Your continuity of employment is not broken by the transfer
- Staff who move voluntarily between CRCs or between the NPS and a CRC within 7 years of the original transfer date will retain their continuity of employment, and the employment rights that go with this (e.g. entitlement to annual leave/sick leave)
- Staff who move voluntarily between CRCs or between NPS and a CRC within 12 months of the original transfer date will retain their eligibility to remain in the local government pension schemes
- The existing probation trade unions will continue to be recognised by the NPS and CRCs
- Existing funding for trade union facility time, as well as any additional time necessary for dealing with the transfer, will continue to apply after the transfer
- Existing national collective agreements covering your terms and conditions will continue to apply following the transfer
- The National Negotiating Council negotiating machinery will continue to exist following the transfer in both NPS and the CRCs
- The National Negotiating Council job evaluation scheme will continue to apply after the transfer in both NPS and the CRCs
- Where CRCs decide to harmonise local terms and conditions – like car mileage allowances – they will have to do so to the most advantageous rate applying in the Trusts which are merging to form the CRC
- Any employee who loses pay as a direct result of the transfer will have their pay protected on a stand-still basis (i.e. no pay rises) for three years.
This is from a similar Napo document from December 2013:-
National Collective Bargaining
21. It is agreed that the existing national collective bargaining arrangements will continue in the CRCs and NPS on
1 June 2014 by means of the
Staff Transfer Scheme. The NNC and SCCOG
machinery will also continue to apply to new staff.
22. The MoJ has confirmed that the sale of shares in the CRC to the new provider does not constitute a TUPE transfer of undertakings as there is no change of employer, merely a change of ownership of the shares in the employer company. Following the share sale, the employer will continue to be the CRC and the relationship between the employer, recognised trade unions and employees is unchanged. Existing NNC and SCCOG National Agreements on Pay and Conditions of Service will therefore continue to be the terms and conditions for all staff.