The union representing non–clinical workers in Derby's hospitals is taking legal advice to prevent staff being transferred to a private firm as part of the PFI deal for a new hospital.

According to a report in the Derby Evening Telegraph earlier this week, Unison had already expressed concerns that Derby's 750 hospital cleaners, porters and catering staff would be employed by a private company rather than the NHS when the new "super-hospital" opens in 2007. The workers were concerned that, if a private company took over, their pay and conditions would be worse.

Most of these workers at Derbyshire Royal Infirmary and Derby City General Hospital are managed by an outside agency but are still employed by the Southern Derbyshire Acute Hospitals NHS trust which is responsible for setting pay and conditions.

The NHS trust has now confirmed that private companies are being invited to bid to run non -clinical services as well as to build and fund the hospital under the Private Finance Initiative scheme currently being advertised in the European journal. It is thought that more than 15 companies have already expressed interest.

The Derby Evening Telegraph quotes project leader Steve Maleham as saying that the successful company might win the tender to employ these workers but the Trust could decide to stop this going ahead and carry on the current working arrangement: "This advert does not commit us to going down the road of letting a private company operate non-clinical services. It simply means that they are invited to propose how they would intend to operate the services."

Brian Cope, Unison's lead negotiator for the two Derby hospitals, said: "At the moment there is a stalemate and nothing has really been sorted. Our stance has not changed - we want the workers to be in-house and we are now seeking legal advice, not to take action but to endorse our arguments and stop this happening."