Southern Cross says residents will not be affected by transfer

A statement from Southern Cross Chief Executive Jamie Buchan - forwarded to the Council by email on August 23 - also provided assurances that staff at the Longfield Care Home, Culmore Manor and Greenhaw Lodge would be protected under Transfer of Undertakings (Protection of Employment) TUPE law.

Two hundred and seventy care home residents living in seven Southern Cross managed nursing homes in the Western Trust (WHSCT) - including three in Londonderry and two in Strabane - will not be affected by the changes forced after Southern Cross’ 2007 decision to list itself on the London Stock Exchange, sell most of its property freeholds and then lease them back.

In his statement Mr Buchan explained it was intended to transfer the operation of homes currently operated by Southern Cross to new operators selected by the landlords of the homes.

“The process of transfer is being prepared and it is intended that legal contracts will be signed in the week commencing August 22 with the completion of legal transfer (requiring the parties to have obtained in principle agreement from regulators as to the change of operator and the completion of employee consultation under TUPE Regulations) scheduled for the end of September or the end of October,” he stated.

One hundred and forty one residents housed in Southern Cross managed homes in Londonderry - forty-five live in the Longfield Care Centre, 53 in the Culmore Manor Care Centre, and 43 in the Greenhaw Lodge Care Centre - and the staff that care for them will not be affected, according to the stricken care provider.

“The management and staffing of the operations of Southern Cross at home level will not be changed. With staff and systems remaining substantially the same, thereby ensuring that the care of residents placed by you and other commissioners will be continuous and unaffected by the transfer, it is hoped that the transfer will be smooth and unremarkable,” the statement read.

“To this end it is intended and you are requested to agree that the new operator should take over the contract position of Southern Cross in relation to services on exactly the same terms as currently established with Southern Cross.

“It is not intended that there should be any adjustment to such terms at the time of transfer though it may be that the new operator and the commissioning body will wish to amend terms as some stage in the future, either according to the terms of the contract of following transfer at the wish of the new parties,” he stated.

Mr Buchan promised to send futher updates at the time the contract for transfer is signed, detailing the identity of the new operator and the likely date of legal completion of transfer.