Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps his Department is taking to ensure that continuous NHS service is recognised across (a) primary, (b) secondary and (c) community care settings for the purposes of (i) redundancy pay and (ii) employment protections.

The Department understands the significance of recognising continuous service across different parts of the health system. Sections 12 and 16 of the National Health Service terms and conditions of service (Agenda for Change) handbook establish redundancy entitlements and employment protections for staff directly employed on Agenda for Change contracts in England, as well as employees whose contracts refer to Section 16. These arrangements are collectively agreed with NHS trade unions.

Employers such as general practices within primary care operate as independent entities rather than NHS employers. Nevertheless, employers retain discretion to consider non-NHS service when calculating redundancy benefits, where this experience is relevant to NHS employment. NHS policy indicates that it may be reasonable, but is not obligatory, for employers to consider this previous service in the redundancy. These decisions should be mutually agreed upon by both the employer and employee at the point of joining or returning to the NHS.

Collectively, sections 12 and 16 ensure that staff retain redundancy protections when moving between NHS organisations, while affording employers the flexibility to acknowledge any relevant external experience, which supports fairness and consistency in redundancy outcomes across the NHS. NHS Employers provides guidance to support the consistent implementation of NHS redundancy provisions across all settings. Ultimately, NHS organisations are responsible for administering the nationally agreed redundancy terms.