A HOSPITAL trust has been accused of misleading its staff and the public amid an increasingly bitter dispute over the creation of a wholly-owned subsidiary company.

Staff who work in the estates, facilities and clinical engineering departments at the Bradford Teaching Hospitals NHS Foundation Trust, which includes the Bradford Royal Infirmary (BRI) and St Luke’s Hospital, have been embroiled in a series of strikes since last month and, from August 26, will take indefinite action.

It’s over the transfer of some staff, including porters, domestic and security staff, into a new company called Bradford Healthcare Facilities Management Ltd. There are fears the move will strip these workers of the protections they have as NHS employees, prompting them to step up their fight against the plan. While the Trust has sought to provide reassurance that terms and conditions will be guaranteed for 25 years, Unison and its members fear this will not be the case.

In a letter to the Trust, Tony Pearson, Unison regional manager, claims terms and conditions cannot be ‘absolutely guaranteed’ beyond one year, as “contracts can be lawfully terminated for genuine economic, technical or organisational reasons”.

“Unison asked you to reflect this point in staff briefings prior to the dispute,” he says.

“However the Trust chose not to fully explain the legal position to staff and, in my view, sought to mislead with the “absolute guarantee”.”

Mr Pearson says members are “infuriated” that a different management narrative has recently emerged - that the Trust is seeking ways to legally “lock in” the 25-year commitment.

“This has infuriated members as it is an open admission that the Trust has not yet found a way of legally delivering the “absolute guarantee” on terms and conditions”.

He adds there has been a lack of consistency which “stands to further erode public trust”. The letter also raises concern about the possibility of the new company being sold off.

“What the Trust fails to take into account is the fact that the UK has effectively a new Government which is publicly pursuing a trade deal with the United States whose President has previously expressed a desire for American companies to bid for healthcare contracts.

The Trust told the Telegraph & Argus last week: “We have already guaranteed that all staff will transfer to Bradford Healthcare Facilities Management Ltd with their existing NHS terms and conditions protected for the length of the contract with the Trust, which is 25 years. All staff will have their terms and conditions protected by legislation (TUPE) at the time they transfer to the new company. Our additional 25 year commitment is over and above TUPE and protects staff’s current rate of pay, sick pay entitlement, unsocial hours payments, bank holiday pay rates and annual leave, redundancy pay and maternity pay entitlements

“They will also have their membership of the NHS pension scheme protected; we will protect their terms and conditions if they get promoted, or increase or reduce their hours, and we will look to match the annual NHS pay awards to our existing staff.”

The Trust is due to meet with the Advisory, Conciliation and Arbitration Service this week in a bid to resolve the dispute. It confirmed it had received Unison’s letter and will respond in due course.