Suffolk campaigners threaten legal action over privatisation

Lawyers representing Suffolk Keep Our NHS Public sent a letter to East Suffolk and North Essex Foundation Hospital Trust issued a request for legal pre-action ahead of a board meeting on Thursday, December 5.

The trust has been at the centre of a dispute with in house staff since April after writing about its proposal to outsource work.

The move could affect more than 1,100 workers working within cleaning, catering, housekeeping and as hospital porters.

More than 350 staff have gone on strike after fears over privatisation (Image: UNISON) ESNEFT wants to outsource services at Colchester Hospital and community sites such as Aldeburgh and Felixstowe hospitals and the rehabilitation clinic at Bluebird Lodge in Ipswich. 

Facilities at Ipswich Hospital, also run by ESNEFT, are currently provided by private contractor OCS but this contract ends in April next year. 

Staff walked out on Monday, November 25, for three weeks with strikes set to run until Friday, December 13.

The letter to the trust was written by the action groups lawyers, Deighton Pierce Glynn, who's clients say East Suffolk and North Essex Foundation Trust had failed "to evaluate the alternatives to outsourcing" and also failed to "lawfully consult affected staff". 

The board of the NHS trust met on Thursday, December 5 in secret to discuss the proposals (Image: Newsquest)A spokesperson for Suffolk Keep Our NHS Public, said: “The Hospital Trust may or may not decide to privatise these services. But in doing so they must comply with statutory guidance and other responsibilities to consult with stakeholders – especially their own staff - properly consider alternatives and conduct proceedings in an open and transparent way.

"We believe that the Trust has failed to meet these tests and are therefore considering legal action.”

Outsourced staff in Ipswich are generally cheaper to employ as they are entitled to fewer days of annual leave, less sick pay, and outsourced staff also missed out on an extra one-off payment of £1,655 that NHS staff received in the last financial year.

The letter read: "As you know industrial action by UNISON is currently ongoing. It is also a matter of considerable public interest given the now established trend against using outsourcing within the NHS, the widespread public hostility to the “selling off our NHS” and the mounting research evidence about the failings of outsourced services within NHS services in relation to a diversity of issues including infection control, inequality workforce implications and cost considerations."

East Suffolk and North Essex Foundation Trust met to discuss the changes yesterday in a private meeting with the decision expected to be made public next week.

The lawyers also called for the trust to provide the full details of its decision and plan or the services, details of the consultation process following the meeting.

When approached East Suffolk and North Essex Foundation Trust declined to comment.