4.14 Whilst PFI has the potential to bring improved value for money in public services with greater quality and innovation, this should not be achieved at the expense of staff terms and conditions. The Government continues to pursue a strategy for enhancing worker protections and ensuring fair and reasonable treatment in PFI projects based on:
• being open with staff;
• protecting terms and conditions for both transferees and new joiners; and
• protecting staff pensions.
Box 4.2 Relevant legislation, directives, regulations and guidance • Revised Transfer of Undertakings (Protection of Employment Regulations) April 2006. • Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1794) as amended (which implement European Community Rights Directive (77/187/EEC as amended by Directive 98/50 EC and consolidated in 2001/23/EC). • Code of Practice in Workplace Matters in Public Sector Service Contracts (March 2005) which will form part of the services specification and conditions except where Best Value Code of Practice on Workforce Matters in Local Authority Service Contracts applies or other conditions have been announced. • HM Treasury guidance note (June 2004) A Fair Deal for Staff Pensions - Procurement ofBulk Transfer Agreements and Related Issues". • Cabinet Office Statement of Practice on Staff Transfers in the Public Sector (2000) and annex A Fair Deal for Pensions. • HM Treasury statement A Fair Deal for Staff Pensions (1999). |