Following a UNISON enquiry in to Pay Protection for our members working in Oldham Community employed by Pennine Care NHS Foundation Trust, we are now in a position to clarify exactly what the policy means for you.
NHS Oldham Community transferred into Pennine Care NHS Foundation Trust on 1st April 2011 and staff TUPE’d into Pennine Care with existing terms and conditions of employment and all current policies transferred into your new employer which include the Policy for Organisational Change.
In January 2012 UNISON raised concerns with your employer that our members were suffering a financial detriment as a result of restructures done under The Organisational Change Policy. The discussions were protracted because the Trust believed initially that they did not have to protect all elements of pay.
Following sustained pressure from UNISON, Pennine Care NHS Foundation Trust have confirmed that our position and concerns were in fact correct and under NHS Oldham Organisational Change policy all staff that stand to suffer a financial detriment will be protected for Up to 5 Years (dependant on Service) as set out in the policy. We have made clear to your employer that we believe staff would have a legal claim were they not to protect pay and terms and conditions lost as a result of organisational change.
The policy clearly states that Protection of Pay and Conditions of service will apply in any situation where organisational change adversely affects the existing terms and conditions of an employee, or group of employees, and where downgrading or redeployment (Voluntarily or compulsorily) of the individual, or individuals from within the group, are alternatives to redundancy or early retirement.
This is not just applicable to reduction in Bands but also covers shift premiums, reduction in hours, overtime and may other things.
If you believe you may have already suffered a reduction in your terms and conditions as a result of Organisational Change please contact UNISON immediately and we will help you raise this issue as you are entitled to protection of your pay. You can contact us via our website at www.penninecareunison.org/getsupport, or contact Jen Bromley on 07506 292203.
If the employer refuses to pay you protection you may have a legal claim so it is vital you contact UNISON at the earliest opportunity.
If you are called to any meetings about Organisational Change with your employer please seek UNISON assistance at the earliest opportunity.