'Strong claim for constructive dismissal' following Nicholson letter

The Managers in Partnership union has criticised a letter sent by NHS chief executive Sir David Nicholson on 13 August in which he said management responsibility for NHS performance would move to the NHS Commissioning Board and NHS Trust Development Authority on 1 October.

MiP has said the timing of the letter “has surprised people at all levels in the system and created significant confusion about the employment status of some MiP members between 1 October 2012 and 1 April 2013”.

In a letter to members seen by HSJ, the union said PCT cluster chief executives had complained about the lack of consultation. Many were now seeking their own legal advice on what the proposals meant for their statutory duties including their responsibilities as an employer.

MiP said members had questioned whether the letters amounted to constructive dismissal. It added: “It is too early to make any legal assessment, given the lack of information about what is proposed, but depending on how this issue is now managed there may be a strong claim for constructive dismissal.”

It has now advised its members to go into “listening mode” and to get as much information as possible from their employers.

If managers want to agree changes to their role they should make any changes conditional on seeking advice from MiP and getting proposals in writing, it said.

The union’s letter said: “It seems clear that different regions are interpreting the letter and acting on it in different ways.”

The HR consequences of the proposals “must be consistently managed across the country” it said, adding it was “unclear how directors other than cluster chief executives may be affected”.

MiP has said it wants to establish as soon as possible the impact on members’ employment contracts in relation to members’ accountable officer status, notice of termination, payment in lieu of notice and notice periods and redundancy rights.

A meeting of the DH’s HR strategy group will be held on 4 September. MiP said DH and SHA leaders had agreed no decisions that could affect the employment status of managers would be taken until after that meeting.