Sir - The Trust notes with sadness that some of the 48 staff transferred from the private patients ward at the Nuffield Orthopaedic Centre (NOC) in September 2006 are now facing redundancy (Report, March 2).
The staff were transferred under TUPE legislation, an arrangement that safeguards the pay and working terms and conditions staff had at the point of transfer. Redundancy was not an option available to staff. The only alternative available for staff who did not want to TUPE transfer, was to seek alternative employment.
When the TUPE transfer was made, the Trust had established that this was the best option available for the future success of the private unit, and for all the staff employed to work in that ward.
Staff who have been employed for at least two years, including their time at the NOC, will qualify under TUPE for redundancy from their new employers. If vacancies arise in the Trust, we would be happy to consider applications from affected staff alongside other candidates.
Tony Berendt, Medical director, Nuffield Orthopaedic Centre NHS Trust
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