​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

​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.

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Other questions that have been asked relating to Royal Marsden Hospital

How quickly can ISS change things such as work patterns, current practices, restaurant opening times? 

ISS cannot change work patterns, shift structures, or other employee‑related practices immediately or unilaterally following a TUPE transfer. Any proposed change must go through formal consultation with recognised trade unions (Unison, Unite, GMB) and follow the TUPE “measures” process before implementation. Operational aspects such as restaurant opening times can be changed more easily, but still typically after consultation and with proper notice. 

What happens to those that work Bank currently? Concerns that operationally they rely heavily on bank staff in the catering department with current vacancies. 

Bank workers who regularly work consistent hours will transfer to ISS. Following the transfer, and subject to an operational review, there may be an opportunity for these hours to be made permanent and fixed 

Do the salaried employees have to clock in? 

Managers are currently not required to use the clocking system. Our Time & Attendance (T&A) system provides several key benefits, including accurately recording overtime, giving managers reliable attendance data to plan shift cover more effectively—particularly when managing absences or reallocating tasks—and supporting safe working practices across our sites 

What happens when someone works in several departments and the uniforms for each are different? 

If a colleague works across multiple departments with different uniforms, we would review how their time is split between those areas. However, we would not expect the Placemaker to change in and out of different uniforms during a single shift. 

How will annual leave be aligned to ISS’s financial year? 

This will be consulted with the recognised Trade Unions. Recently, we aligned annual leave to the ISS holiday year by pro‑rating the 2026 entitlement from May to December, with colleagues returning to the standard ISS holiday year (January–December) from January 2027. There is no loss of annual leave entitlement. The only change is to the holiday year itself — moving from April–March to January–December. 

Do ISS have any planned measures that will effect my pay, duties or work schedule? 

Some planned measures — including pay date alignment, pay review cycles, the introduction of ISS policies and procedures, equipment changes, and the use of ISS Time & Attendance systems — have been documented, but all changes that could affect your contractual terms will first be formally consulted on with the recognised Trade Unions. Your core contractual pay, hours, and duties remain protected under TUPE unless and until consultation is completed. 

When can we expect to have our answers in writing? 

These will be available on the Web Page 

Will there be a forum in which we can speak directly with the ISS management, and who will be taking over from the Trust? 

The Townhalls served as an introduction to the ISS team, and we plan to hold further sessions as we move forward. There will also be opportunities for ongoing one‑to‑one discussions. The ISS team will be on‑site and are all approachable should you need support. A dedicated ISS email address has been created for transferring teams to raise personal or individual queries. This inbox is not intended for matters that should be directed through the Trust or Trade Unions 

If the organisation re-structures in the future how are we protected? 

If ISS undertakes any organisational restructuring in the future, your contractual terms and conditions remain fully protected. Your contractual terms stay in place under TUPE, and ISS is legally required to consult with the recognised Trade Unions before introducing any changes and if restructuring ever led to role changes all statutory and contractual protections would apply. 

How are the Trust safeguarding our incremental pay banding? 

Funding for all pay uplifts will be provided by the Trust. ISS operates a ‘pay‑as‑paid’ approach for all uplifts 

Can out job roles or responsibilities be changed, if so what protections do we have?  How long would these be protected for? 

ISS cannot change job roles or responsibilities immediately or unilaterally following a TUPE transfer. Any proposed change must go through formal consultation with recognised trade unions (Unison, Unite, GMB) and follow the TUPE “measures” process before implementation. 

Occasionally porters will cover switchboard overnight for facilities, will this continue? 

Yes 

When will we get straight answers from the ISS managers? 

The reason you are not receiving “straight answers” right now is not avoidance — it is a legal requirement under Regulation 13 of TUPE.  'Straight answers' will be provided once formal consultation with the recognised Trade Unions begins. ISS is legally required under TUPE to discuss all proposed measures with the unions first. Once that process starts — which ISS has already initiated — this document will be able to share clear, consistent answers with all staff. This ensures you receive accurate information and protects everyone’s legal rights. 

Annual leave that I have scheduled, will that be honoured? 

Yes - if it has been requested and authorised 

When the pay increment is awarded, where does this go. Does it go to ISS or the employees? For the coming years, does that go directly to ISS? 

ISS operates on a pay‑as‑paid basis. This means that any agreed pay increment is intended for the benefit of employees rather than being retained by ISS.  When a pay increment is awarded, the funding flows through the client to ISS and is then passed on in full to employees via payroll. ISS does not retain the value of the increment; it is applied to employees’ pay in line with the relevant agreement.  For future years, the same principle applies. Any future pay awards or increments would need to be agreed and funded by the client and would then be passed directly to employees through ISS, rather than being absorbed by ISS

Why is ISS taking over the services? 

ISS is taking over the services because the client has chosen to award the contract to ISS. This is a client‑led decision, and as the service provider changes, employees assigned to those services transfer to ISS under TUPE, ensuring continuity of employment and protection of your terms and conditions. 

What happens if ISS turn around and say we miscalculated the budgets for the contract? 

Any budget problems are managed commercially between ISS and the client, not by altering employees’ contractual entitlements. 

Will the Trust monitor ISS’s performance? 

The Trust will monitor the performance in line with the contract obligations. 

How long until the Trust can cancel their contract with ISS? 

The contract is clear in relation to this point. 

Will I be given time off for appointments that I am unable to schedule these during work time? 

We would expect the placemaker to discuss this directly with their line manager as per the normal process within ISS. 

Can we continue the season ticket loans for trains that the Marsden have in place 

We are currently reviewing this with the relevant teams and do not yet have a confirmed position regarding the continuation of season ticket loans. Once we have clarity, we will share an update. We appreciate your patience in the meantime 

How is the pay split out in payslips? 

Once the pay cycle has been established, ISS will be in a better position to advise on this point. 

Weekends enhancements will they change? 

Any contractual entitlements/enhancements will be honoured upon transfer 

Is there a standard rate for overtime? 

As per NHS terms and conditions - no change 

Will we be paid overtime weekly or monthly? 

Overtime is usually paid alongside your normal wage, which would not be weekly 

Will WFH change when working in ISS? If its required for health reasons 

ISS will review the current arrangements in place with the individual to understand and support where needed. 

Will IT remain the same in terms of computers? 

ISS will provide new hardware for IT users. 

Struggle with the busy wards - are there plans to recruit more people? The trust have had a vacancy freeze so will this change going forward as there are less people now then before the vacancy freeze. 

ISS will review all rosters, shifts and current levels of vacancies to ensure the levels for each area are correct. 

Uniform - the trousers are too thick for summer as it gets really hot in the kitchens. 

ISS will provide new uniform, the uniform in use is widely used in all Healthcare settings. 

If someone increases their hours once with ISS, does there T&C change, do they get an amended contract from ISS or is it the same? 

If it is as simple as increase in hours there would be no terms and conditions change, other than an amendment letter being issued to confirm the new contractual hours 

Pay date - are we choosing the pay date? 

This is currently under review internally with ISS following recent Collective Consultations with the respective Trade Unions 

Fresh food is this going to stay the same when we transfer? 

ISS will operate a fresh cook solution. 

Is there going to be a fairness about how the rotas are done especially the weekend. 

ISS will review all rostering and shift allocation on transfer. 

How does ISS deal with working over clock in / out times if run over? Is this overtime? 

Overtime is allocated and agreed in advance with placemakers. 

Do they do both ISS and Trust training? The NHS have specific training? 

ISS is working with the Trust to ensure all required training is delivered. 

Training is currently done at home, stay late or come in early to complete - is this overtime or expected to be done in work time? 

Any training undertaken will be done in work time 

Rotas - Do the trust have oversight of the rotas? 

ISS will be responsible for all rotas linked to the transferred services. 

Shift patterns - how much notice are they given as a standard? If people take annual leave then what happens? 

ISS would ask that as much notice as possible is given to any shift change requests or annual leave requests. 

When do we find out about the management structure? 

The current management team are in scope to transfer to ISS. 

How do we get tasks through as a porter? 

ISS are working with the Trust to continue using the EPIC system. 

Patients over a certain weight, there is some concerns about wheel chairs, is this going to be reviewed by ISS from a health and safety perspective? 

ISS are currently reviewing all equipment associated with our service delivery, all appropriate equipment which is the responsibility of ISS will be issued and individuals trained in it's use. 

Start and end times is it flexible? Can I still come in 30 mins before my shift and still do my hours? 

All rosters will indicate the start and finish time expected for each shift and service, per Placemaker. 

What will happen to those currently utilising Cycle to Work, Car Scheme and Tech Scheme as ISS cannot replicate? 

We have reviewed the current benefit arrangements in place, including any Cycle to Work or similar salary‑sacrifice schemes. ISS does not operate a Cycle to Work scheme or equivalent flexible benefit schemes. 

Will ISS honour the NHS Uplifts in future years? 

Annual pay reviews are set by the Trust and are aligned to London Living Wage (LLW) increases where applicable. Where an uplift is agreed, the associated funding is provided by the Trust and passed through ISS on a pay‑as‑paid basis, with the increase applied to employees’ pay. ISS does not retain the value of any agreed pay uplift.

Time & Attendance - purpose 

The T&A system is used to manage health and safety requirements, ensure working practices are adhered to, in particular to National Minimum Wage as well as Working Time Regulations, accurately capture any approved overtime or additional hours, manage absences and improve operational efficiency. 

When is the final pay from the Trust, including overtime worked post 25th April (Unison) - also Bank 

To be confirmed

Paediatric Catering (6) transfer to Guys & St Thomas - need reassurance that TUPE will apply 

We understand that a change is anticipated for 2027. When formal proposals are brought forward, ISS will review them in line with legal requirements and provide clear information to affected individuals. 

Will OH-recommended adjustments remain post transfer or do we have to be assessed again? 

Yes — they can remain, but they are not automatically guaranteed. Adjustments transfer with the employee, but ISS will usually review them post‑transfer to confirm they remain reasonable, appropriate, and operationally workable. 

When will I get new contract confirming new T&Cs 

No, you will transfer over to ISS with your current terms and conditions in tact, however we will send out a Transfer Statement which will confirm these