According to media reports, Morrisons supermarket is undertaking a review of its pharmacies to explore how it can make them more financially sustainable, and it is looking at a range of options that could include selling some of its pharmacies. A company spokesperson is reported as saying that the number of pharmacies being considered for sale and the timeline are unclear as the process is still ongoing as the review is ongoing.
Branch sales and TUPE
If a branch is sold to another organisation it may mean that staff are transferred to the new employer. Where part of an organisation, is transferred from one employer to another like this it can mean that the TUPE regulations apply. TUPE stands for the Transfer of Undertakings (Protection of Employment) regulations that protect employees’ rights when they transfer to a new employer.
TUPE protects employee’s status and conditions of employment and if a TUPE transfer is to occur, by law, both the old and new employers must inform and consult with affected employees and their representatives. This means they listen to affected employees or their representatives about expected ‘measures’ – measures are any changes which will affect employees as a result of the transfer.
The PDA has significant experience in supporting pharmacists who go through TUPE transfers.
Potential closures and risk of redundancy
If this review results in decisions to close any pharmacies, the PDA will be doing all it can for those members impacted. If a pharmacy is closed it likely means the cessation of one or more particular pharmacist roles based at that location. But that does not necessarily mean the end of someone’s employment.
According to ACAS an employer might try and look at other options before deciding on redundancies such as changing working hours, offering voluntary redundancy or moving employees into suitable alternative vacancies. For affected pharmacists, this may mean that if there is a vacancy for a pharmacist role at another of that employer’s locations within a reasonable distance of that person’s home, then redundancy may not be necessary.
Any proposed alternative needs to be suitable for the individual and their circumstances. However, if there are no suitable alternatives available with the employer then a pharmacist’s role may become redundant.
The PDA’s factsheet on redundancy advises that those who are redundant have the right to:
- Ask for information from their employer such as the reason for redundancy, the number of proposed redundancies, the proposed selection procedure, the method and timescale of dismissals, and details of any agency workers being used.
- Request reasonable time off to look for a new job or arrange training.
- Ensure that their employer does not discriminate or act unlawfully in how they make their selection of who is made redundant.
Those who are concerned about possible redundancies can access the PDA’s free redundancy factsheet.
If any individual is ultimately made redundant the PDA will be expecting pharmacists to receive adequate redundancy compensation and fair treatment as they try and seek alternative employment during any notice period.
What to do now
Organisations may review their operation at anytime, and until more detail is known it is likely too early to seek individual advice about the impact of this review. However, in the meantime employed pharmacists may want to ensure that they have an up to date copy of their employment contract at home, and their employer’s staff handbook. This is good advice to any employee as it is useful to have these documents to hand in case potential change is announced at the workplace.
Once any proposals for changes to specific branches or individual roles are known, then PDA members who wish to discuss any concerns are encouraged to contact the PDA Member Support Centre.
Pharmacists at Morrisons who are not yet members of the PDA should consider joining as soon as possible, see below.
Not yet a PDA member?
If you have not yet joined the PDA, we encourage you to join today and ask your colleagues to do the same.
Membership is FREE to pharmacy students, trainee pharmacists and for the first three months of being newly qualified.
Read about our key member benefits here.
Learn more
- ACAS: Your rights during redundancy
- ACAS: Guide to TUPE transfers
- PDA redundancy guide launched following events to support members