Retention of Employment Model

One mechanism that has been used successfully in the past in local government, the NHS and the education sector to enable employees to remain employed by their employer under their existing terms and conditions (including pensions), even though they go to work for a different organisation after the transfer date, is the Retention of Employment Model (ROEM). This approach requires joint cooperation and high levels of trust between the employer and the union, as well as careful legal advice. It is vital that every step is followed strictly, to avoid employment being transferred automatically to a new employer by operation of the law. The ROEM model involves the following steps:

• the parties follow all the normal steps in relation to a TUPE transfer, including as to information and consultation;

• a date is fixed for the TUPE transfer;

• immediately before the transfer, the employees formally object to the transfer;

• immediately after objection, the employees sign new contracts with the transferor, containing a secondment clause.