Transfer Process Begins

Yesterday's Napo bulletin confirms that a Staff Transfer Agreement is close to being concluded for CRC staff and as a consequence there is likely to be considerable anxiety and concern. As with the 2014 process, I suspect it would be beneficial and supportive if information was shared here. 

Probation Reunification 

Update – Staff assignment process underway. CRC members ballot to take place soon on National Transfer Agreement

Whilst Napo members have welcomed the announcement of the Government U-turn on the future of the Probation Service, your union has worked hard to try and tackle the many operational and HR challenges that have arisen following this decision.

A New Staff Transfer and Protections Agreement

Napo and our sister unions have almost concluded formal negotiations on a new Staff Transfer and Protections Agreement (STAP), and will be reporting the outcomes to our respective CRC members very soon. This process will also include the launch of a ballot for members currently employed by the Community Rehabilitation Companies on whether to accept the agreement. The ballot will only be open to members of a trade union and it’s never been so important for CRC staff to consider signing up to Napo membership.

Meanwhile, as part of the work to assist CRCs to exit their contracts next June and ensure sufficient lead in time for the Probation reunification process, a staff assignment scheme is now underway. Essentially, this will identify those current CRC staff whom it is expected will transfer to either:

• the National Probation Service (NPS), or
• a dynamic framework provider who will offer support services for Intervention and Programmes to be commissioned by the NPS.

CRCs have been asked to complete an indicative staff assignment by the end of September.

What this means for CRC staff

During or soon after the week commencing Tuesday 25 August 2020, CRC staff will receive a letter from their CRC Director. This will explain their indicative role assignment to the NPS or the dynamic framework.

If individual staff disagree with this indicative assignment, they will have 15 working days from the date of the letter to appeal.

What information is being used for role assignment?

Your CRC employer’s intranet has information on role assignment and the appeals process. It is important to note that the assignment process is not something that is negotiated with the Trade Unions so although HMPPS has shared it with us it is not something that was, or could be, agreed by Napo. Please see the paragraph below ‘Mechanism of Transfer’ which explains this in more detail. In summary the following will be used for staff assignment:

• HMPPS guidance – the updated HMPPS Role Assignment Guidance (August 2020) We have attached this for reference, CLICK HERE
• Your current substantive post - if a staff member is providing temporary cover in another role or on secondment, the role assignment will be based on your substantive post,
• Your job description

Support for Napo members involved in the assignment appeal process

It is likely that the majority of CRC staff will find the assignment process to be straightforward, but Napo will seek to support individual CRC members through any appeal process. If members wish to appeal they should do so within the timescale and contact their local Napo representative. We are requesting additional time from CRC employers for our Branch reps to engage in this work, which will be supported by our Napo National Officials where required.

Further material on the outcome of the national negotiations with HMPPS and planning for the CRC members ballot are currently being prepared. These will be the subject of a recommendation from Napo’s Probation Negotiating Committee who will meet soon and whose decision will be relayed to members as part of the ballot process.

The mechanism of transfer

The mechanism for transfer from a CRC to the NPS is a statutory staff transfer scheme as this is a reorganisation of public services involving a public sector employer. This is the same as the mechanism of transfer used for the TR project in 2014. The mechanism of transfer from a CRC to a Dynamic Framework provider is TUPE as no public sector employer is involved. This is a complex area of law but recent caselaw examples are the basis for the decision by HMPPS that this should be the case. The STAP will apply to all transfers but there will be a separate agreement for those staff transferring to the NPS (including those former CRC staff from Wales who transferred into the NPS last December). This includes harmonisation to NPS terms and conditions including NPS pay scales. Those transferring to the Dynamic Framework will have their CRC terms and conditions protected.

Maintaining your Napo membership

Irrespective of whether you eventually transfer to the NPS or a dynamic framework provider, it's vital that you make the switch for the payment of your Napo subscriptions by Direct Debit as the previous ‘Check Off’ arrangements carried out by your employer will cease at the date of transfer.

In order to assist the Napo membership team in managing our data base please do not delay in making that switch and consider doing so as soon as possible. You do not have to wait until your assignment is known, and you will also see that your subscriptions will reduce when you do so. Please click here to make that change!

Please look out for more information on Probation reunification and the many other issues that impact on your terms and conditions, and consider taking part in your local Napo Branch meeting.

Ian Lawrence General Secretary

Katie Lomas National Chair

--oo00oo--

Thanks go to the reader for forwarding the following from Interserve:-

20th August 2020

Dear colleague,

As you will be aware, as part of our transition process we need to understand which staff will go where in the new unified model, and in order to get this moving the Authority (the Ministry of Justice) have requested that we, along with all current CRC Providers, undertake a formal assignment process. This includes all directly employed and supply chain staff, and will determine which colleagues are likely to transfer either to the NPS or to a dynamic framework provider or those that are unlikely to transfer (for which a clear rationale will be provided).

We have been requested to complete the assignment activity by the end of September after which the Authority will work closely with us to finalise and conclude the assignment process. We anticipate this finalisation activity will take place during October.

The plan therefore is that over the next couple of months, we will work internally with each of the CRCs through the local senior managers to ensure assignment activity is undertaken according to the methodology set out by the Authority. When this is done, you will receive written confirmation of an indicative assignment outcome and at this point it will give you just that, the assignment outcome. We will be working with the Authority to understand details such as locations, line management etc as the next stage that follows on. I appreciate that for many staff, it is this layer of detail that will be of more significance that the indicative assignment outcome, but we need to work through the stages incrementally.

You will have a right of appeal against the indicative assignment outcome and details of the appeal process will be outlined in the outcome letter. Please note, although we undertake the assignment process ourselves using the Authority methodology and guidance, the Authority can still challenge our decisions, and therefore the final outcome of the assignment is conditional on there being no justifiable challenges by the Authority on the assignment of individuals. This is why it is termed an ‘indicative’ outcome at this stage. Should this be the case, we will get in touch with you promptly with a view to resolve the issue in an effective and timely manner.

Please be assured that throughout the process, we will work with you to address any concerns or queries you have. If you have any questions regarding this letter, then please contact Daniella Sinagoga via e mail. For any general queries please email HR Operations via email hr.operations@interserve.com

This is the beginning of a number of communications with you over the coming months on the transition and assignment process, and we are working through the various details to be able to share them with you properly and in a timely way as the changes progress.

Kind Regards

Kim Thornden-Edwards

Director of Justice
Interserve