Letter: No moratorium on NHS market testing

Mr Tom Sackville
Wednesday 20 January 1993 19:02 EST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Sir: I would like to correct the false impression contained in your report of 19 January concerning private contractors and the National Health Service, which indicated that the Department of Health had ordered a general moratorium on the process of market testing in the NHS. No such moratorium has been

declared.

The NHS has always been within the scope of the Transfer of Undertakings (Protection of Employment) Regulations (Tupe). Whether or not a proposed contract with a commercial contractor constitutes a transfer of undertaking needs to be considered on a case-by-case basis and, where there is doubt, the matter has to be referred for legal advice.

The Department of Health is planning to issue guidelines on all stages of market testing and these should assist managers in the field to decide when Tupe provisions apply. Meanwhile, the market testing programme is continuing.

Yours sincerely,

TOM SACKVILLE

Under-Secretary of State

for Health

Department of Health

London, SW1

20 January

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in