LGA issues guidance on transfer of public health staff to local government

The Local Government Association has issued transition guidance on public health workforce matters, setting out the legal basis on which transfers will take place.

The transition guidance – developed with the assistance of councils and regional employers as well as the Department of Health and NHS employment experts – has been designed to build on the public health HR concordat, which set out general principles for dealing with staff issues. Discussions have also taken place with unions.

The LGA said the transition guidance was not intended to be prescriptive or exhaustive. “It describes the legal basis on which any transfers will take place and sets out a framework of options and good practice that all involved in the discussions believe will lead to a clear and fair process,” the Association said.

“The central plank of the guidance is that future and current employers should set up local joint consultative groups working with the trade unions as soon as possible, if they have not already done so, in order to develop a joint understanding of responsibilities and action plans.”

The guidance also points out that staff identified as working in the public health functions that will transfer to local government on a statutory basis under the Health and Social Care Bill 2011 will do so on a TUPE or TUPE-like basis under COSOP. No staff should transfer in advance of 1 April 2013, the date that the statutory responsibilities transfer.

The LGA admitted that some issues were still subject to discussion. These included:

• dealing with staff pensions
• options for bringing staff into closer engagement with their new employers during 2012-13, prior to the full transfer
• treatment of individuals close to retirement in the NHS, or close to the expiry of a fixed-term contract
• the appropriate involvement of NHS trade union officials in local and national discussions post 1 April 2013

Further information on these subjects will be issued as soon as possible, the LGA said.

Sir Merrick Cockell, Chairman of the Local Government Association, said: "It is absolutely vital that staff transferring to local government are treated fairly and consistently and that the process is carried out as smoothly as possible to ensure that a strong public health profession is developed for the future.

"Staff need to know that they are welcome and also be given a clear sense of their new working environment, otherwise service continuity and improvement will be much more difficult.”

Sir Merrick said the guidance would help councils “get to grips” with planning the transiction. “It provides helpful information and direction to councils while recognising the important principle that most key decisions are rightly the responsibility of the new employer,” he said.

A copy of the guidance can be downloaded here.

The LGA and the Department of Health will publish a further transition guide later this month, aimed at supporting primary care trusts and local authorities. Frequently asked question material will also be produced for affected staff.