Workers at Cheswold Park were employed by private health provider Riverside until late 2024, when they were transferred to the NHS.
Despite now being NHS employees, the trust is 'refusing' to update the medical and non-medical workers' bare minimum contracts, Unite says. This has created a two-tier workforce at the hospital as new employees, as well as those moving from other parts of the trust, are on NHS contracts that provide fairer pay and terms and conditions, the union added.
Unite says that more than 170 workers have launched a collective grievance against the trust over its refusal to give them NHS contracts. It has responded to the grievance with non-committal and opaque answers about the possibility of updating the contracts at an undisclosed point in the future.
In addition, the union claims the trust is looking to remove former Riverside roles that do not have equivalents in the NHS. However, it is keeping staff on the former contracts so that it can 'get away' with paying them the minimum amount of statutory redundancy pay, rather than the 'fairer' redundancy terms they would be entitled to on NHS terms and conditions.
Unite regional officer Chris Rawlinson said: ‘The trust's behaviour towards these workers is totally immoral. There is no excuse for treating them as second-class employees and trying to deny long-serving and dedicated staff fair redundancy packages.
'Unite will not allow the trust to kick this issue into the long grass – we will back these workers every step of the way.'
In response, South West Yorkshire Partnership NHS Foundation Trust, said: ‘In respect of staff terms and conditions we have always followed our legal obligations and continue to do so. We have not in any way changed the terms and conditions of employment of staff who have transferred over to the trust, in line with The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). We are committed to moving all staff over to NHS terms and conditions as soon as it is practically possible and the financial position supports the move.
‘We do not accept the position as described by Unite as it does not accurately reflect the situation in Cheswold Park, nor acknowledge the support being provided to staff at the hospital. We have been working closely with our union colleagues, including Unite, on the transfer of staff to the trust and will continue to do so.'