Over the last week Sunshine Care Limited has been working closely with its advisors Lameys Business Recovery and Michelmores Solicitors to affect a seamless transfer of the care which it provides under hourly home care contracts with Bristol City Council and Plymouth City Council.

Advice the Company has received relating to the transfer of the Councils’ contracts means many staff should be transferred under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).  This means the rights of many of the Company’s employees should be protected and transfers to their new employers.  Sunshine Care Limited has always prided itself on its favourable employment terms.

Last week, meetings have been held in Bristol between Sunshine Care Limited, Bristol City Council, new providers and Bristol employees.  Arrangements are now well underway to TUPE transfer all the Bristol care-workers, which will protect their employment rights.

The directors of Sunshine Care believe Plymouth City Council and the new care providers are committed to ensuring the provision of care in Plymouth continues with no interruption and that the new providers will be administering the care from next week.  However, the directors and the Company’s advisors understand the new providers in Plymouth do not consider there to be a TUPE transfer or whether they are proposing to change the Plymouth employees’ terms.

Michelle Weir, Partner at Lameys Business Recovery, commented, “We are aware some of the providers in Plymouth may disagree with our opinion on TUPE.  At the beginning of the week, three alternative providers were put forward by Plymouth City Council.  It is my understanding one of these, which is a large national company, has now withdrawn from the process and Plymouth City Council has made other arrangements.  We have met the large national mentioned and it confirmed it agreed with our advice that TUPE should apply to the transfer.  The other providers have stated they are less convinced it should”.

Michelle went on to say, “It is clear to me that all the new care providers have the same over-riding concern as us, which is to ensure the care provided to vulnerable people in Plymouth continues unaffected.”

Finally it is very important to note, the only part of Sunshine Care Limited which is affected by this restructuring is the hourly home care and Council contracts.  All other elements of care which the Company provides will continue to be operated by the Company, as normal.