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TUPE regulations protect employees' terms and conditions when they have a compulsory transfer from one employer to another.

This applies to all NHS employees who have to move to a private sector employer.

If you have a query about access to the NHS Pension Scheme or a member is applying for their pension after TUPE, contact the Scheme Access Team at schemeaccess@nhsbsa.nhs.uk.

Special Class (SC) or Mental Health Officer (MHO) status

You can keep your SC or MHO status if you’re:

  • transferred to an organisation that has applied for access to the NHS Pension Scheme, in respect of the transferred staff by way of a pension direction
  • transferring to a role which meets all the requirements to be eligible for this status.

If you or your new employer are not sure if the role qualifies for SC or MHO status, the employer must contact us as soon as possible.

If your new employer is not applying for access to the NHS Pension Scheme, speak to them to discuss alternative pension arrangements.

Read more information on SC and MHO status on our website.