​TUPE Transfer

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What is a TUPE transfer?
A TUPE transfer happens when an organisation, or part of it, transfers from one employer to

another or where a service (such as cleaning) is transferred to a new provider.

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What are the legal obligations of ISS and my current employer?

All organisations have a responsibility to consult with employees regarding the transfer. ISS will engage with any recognised Trade Union and/or elected Employee Representatives in the coming months.

What does “measures” mean in a TUPE transfer?
The term "measures" includes any action, step or arrangement, other than the mere fact of the transfer. Measures would include such things as change of holiday year, change of reporting line and change to pay dates as examples. We will communicate these changes within the Measures letters to your current employer, and consult on any proposed changes with elected Employee Reps and any recognised Trade Union.

What does “Employee Liability Information (ELI)” mean?
Under the TUPE Regulations your current employer has to provide, in a timely manner, details of your contractual terms and conditions, such as pay, holiday entitlement, sickness terms etc.

Does TUPE safeguard my terms and conditions of employment such as pay, hours and holidays? If so, for how long?
TUPE ensures that all employees eligible to a TUPE transfer will maintain, as far as possible, the same terms and conditions of employment. There is no specific time limit which applies to protection of terms and condition of employment. Contracts of employment include all written terms and conditions of employment e.g. pay, continuity of service, holiday entitlement, job title, and sick pay provisions. (Unless specifically stipulated in the measures).
There are special (TUPE) rules regarding some aspects, including pensions. ISS aim to provide a comparable pension arrangement and minimise changes.

What happens if I don’t want to transfer to ISS, Is there a choice over TUPE?

If you have been identified as being ‘in-scope’ and therefore eligible to Transfer but decide independently that you do not to wish to transfer to ISS you will effectively be resigning, as the position will no longer be available with your current employer post transfer date.

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Pay, Pension & Benefits

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How often will I be paid, and will my pay date change?
ISS will confirm your pay frequency and pay dates once we receive the official employment information from your current employer. Any changes will be included as part of the proposed measures and discussed during consultation.

NHS Pension Scheme

For transferring colleagues who are a member of an NHS pension scheme, the company is in the process of making an application for direction status to allow it to become a participating employer in the NHS pension scheme in respect of the Royal Marsden Hospital. This will allow transferring colleagues to retain membership of the NHS pensions scheme, unless you subsequently choose to opt out, voluntary. Employer and Employee rates will be the same as before

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Annual Leave

How do I book annual leave?

We will provide joining instructions for how to book annual leave once you have joined ISS.

Can I continue to book holidays for later in the year while still employed with my current employer?
Yes – the way you currently book holidays can continue as normal. This will still be subject to authorisation by your line manager.

Will our remaining holiday entitlement transfer?
Your contractual holiday entitlement will transfer to ISS. Any holidays accrued but not taken up to transfer date will transfer to ISS.

Can I carry over my remaining leave to the new holiday?
Employees are responsible for ensuring that all entitlements are taken in each holiday year.

How much notice do we need to give to book time off?
Ideally 28 days’ notice is required for all holiday bookings.

Can I book longer than 10 days for family events, special occasions and similar?
Yes – provided that you give as much notice as possible and your shifts can be covered. Please do not book anything without pre-authorisation of the holidays.

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Can I book time off over Christmas?
Christmas leave is normally allocated on a first-come, first-served basis, but we make sure arrangements are fair so that the same individuals are not disadvantaged each year.

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Operational Processes

I have a laptop and a phone with my current employer, will ISS provide this?
IT Equipment will only be issued to those deemed to have a specific requirement to utilise. Desktop Systems for multi-use may be deployed.

What uniform will we be getting?
For those required to wear a uniform we will be working closely with the client in determining what those may look like, we aim to confirm this back to you at the earliest opportunity.

Will I have an ISS email address set up?
Everyone who is deemed to have a need and require access to specific systems will receive an ISS Email Address including all Line Managers.

When will ISS paperwork and equipment be issued to this site?
All necessary equipment will be ordered and will be in place by the contract start date.

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Training & Compliance

​How will training be delivered post transfer?

ISS carry out training in a number of different ways from virtual through our LMS (Learning Management System) to in-person sessions, depending on the requirement. All employees will receive login details for the LMS once you are set up on the ISS payroll system.

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General

What if I am not at work on the first day of contract transfer?
If you are not scheduled to work on the first day, then you do not need to be there. Just come in as normal on your first working day after this date. Your employment will still transfer on the ‘go live’ date so that you keep your continuity of service. If you are scheduled to work on the go live day but you are unable to attend work, you must call in to let the us know you will not be at work, the reasons why and when you think you will be able to return to work

What should I expect next?
Over the coming months we will be engaging with any recognised Trade Union and elected Employee Representatives as part of the Collective Consultation. We will also be seeking to meet up with each of you to conduct a 121, this will be to confirm personal, as well as contractual, information to ensure we have the most accurate and up to date information on each of you prior to transfer.

Who do I tell about ‘reasonable adjustments’ that requires me to do my job effectively?
We would suggest raising this at your 121’s to ensure that we capture this prior to transfer and allow us to put these in place.