One year on: The impact of transition of a 'failing' service

to a non NHS provider - Adviser experiences

Charlotte Miles, Graham Thomas, and Emma Croghan

Services are going through changes…• Transferring to new providers as part of the commissioning landscape• We have supported a number of services where staff described the service as

‘failing’ through the process• Our experiences of TUPE to date need to start with some clarity on TUPE…

What is ‘TUPE’?TUPE is a piece of legislation which means: “Transfer of undertakings (protecting Employment) regulations 2006, amended 2014”……

In plain English: “Safeguarding of employees rights”.

• NO detrimental changes to contractual terms of employment• NO slashing of Salaries• NO reduction in Annual Leave

What TUPE means to Staff Psychologically….

Staff Interviews pre TUPE• Prior to transferring to us interviews were conducted with staff to gain insight into how

staff felt generally about the TUPE and service transfer process:• Key themes:• Demotivated and undervalued ‘failing’• Confused and ‘voiceless’• Unclear about the process and the legal side of things• Emotion• Mistrust• Nervous:

• Fear of the unknown• Concern about leaving the NHS for a PRIVATE provider

Our Process..BRIEFING

CONSULT

TRANSFER

SUPPORT

Our aim, in reviewing past approach

• To highlight good practise, and failings on our part and the transferor to SUPPORT future improvements. • To understand the perspective of the staff • To check things are getting better (or at least not worse!)

Key actions• Move from a ‘blame’ and ‘fault’ finding culture - repeated

reassurance that systems are to blame, not people• Open and honest approaches – sometimes we don’t know the

answer – but if you give us time, we will find it• PDPs – meaningful – career progression• Value and rewards• Professionalism – aiming for staff to feel proud of their service• Supportive infrastructure• Clear protocols

Post Transfer Interview - Findings

Rated ‘1’ strongly disagree – ‘5’ strongly agree:

• ‘the TUPE process was clear and straight forward’ • Average response 4.5

• ‘during the TUPE process my new management were supportive’• Average response 4.5

• ‘during the TUPE process my old management were supportive’• Average response 2.5

• ‘I am satisfied with my job role since the TUPE process’• Average response 4

Open Questions‘Would you change anything about the TUPE process’

• The majority of employees said there is nothing they would change about the process (71% of employees)

• Employees who did feel changes could have been made suggested; more clarification on HR aspects such as pensions

‘Have you experienced any issues through the transition from your previous employer to Quit 51?’• 50% felt they had; 50% felt they had not.• Issues mentioned centred around CLARITY on HR issues; pensions, salary issues, and childcare vouchers• Some employees mentioned having to wait for information to come back after asking questions from

their current employer

‘Do you feel the quality of the service has improved after the transition?’• 71% of employees felt the service had improved; 0 thought it had got worse

Open Questions‘How did you feel / perceive about Quit 51 before your transfer?’

• Saw the change as a ‘shake up’ / culture shift to a business like structure

• Saw Quit 51 as being passionate about smoking cessation

‘How did you feel / perceive about Quit 51 after your transfer?’

• Feel trusted / valued, and appreciated

• Feel very supported by management

‘Did you receive professional development before / after your transfer?’

• Before; staff mentioned being offered the odd training course here and there, with some explaining that compulsory training had to be completed in order to be considered for any further / additional training

• After; Opportunities are open to all staff, more freedom to suggest new ideas / feel listened to if new ideas are suggested, more opportunities have been presented for promotions

Key Learning Outcomes

• Fully explaining what is meant by TUPE from the beginning of the process• Assurance to staff consistently reinforces their terms and conditions WILL stay

the same after employment with Quit 51• If there are questions from staff that can’t be answered there and then we

will actively seek an answer and keep them updated on this• Provide clarity at all times• Staff now feel like success is valued and negative outcomes (targets being

missed for example) lead to solutions, not blame• Staff are happy and motivated by success and positivity

Conclusions• Verbal is OK – but it needs paper back up• TUPE is scary – we can make it less so• Consistency and integrity are key• Capability, Opportunity and Motivation lead to Behaviour (COM-

B) Change – we can supply Opportunity, enhance Capability and increase Motivation for staff behaviour• Change can be good and as an employing organisation our

behaviour can make a difference