There are certain circumstances when employers are required to follow the code of practice:
- when staff are transferred from an NHS body to a private service provider, or
- in cases when staff originally transferred out as a result of an outsourcing. are TUPE transferred to a new provider when a contract is re-tendered.
This Code (last amended in 2005) should form part of the service specification and conditions for all such contracts.
Agenda for Change and soft facilities management contracts
In October 2005, NHS Employers endorsed a joint statement with the Department of Health, trade unions and representatives of private contractors that aims to give staff working on outsourced soft facilities management (soft FM) contracts (for example porters and cleaners) pay and conditions equivalent to Agenda for Change. More details are available on the Agenda for Change section of our website.