6.21 There are several methods available to transfer skills or employees to the JV, depending upon the particular circumstances to be settled such as the length of secondment or unpaid leave arrangements and provisions for their continuation. Available methods include:
● automatic transfer under the Transfer of Undertaking (Protection of Employment) Regulations 2006 (the "TUPE Regulations");
● resignation from current employer and re-employment by the JV;
● secondment to the JV; and
● others, such as the provision of the required skills under a consultancy contract.
6.22 If the existing expertise of individuals employed by the JV participants is only required for a limited time (e.g., whilst new staff employed by the JV learn the requisite skills), secondment is usually appropriate.
6.23 Where it is identified that certain employees should work for the JV further decisions need to be made, in particular whether TUPE would apply if an existing undertaking or function were to be transferred from a JV party into the JV58, and if so the scope of staff who could claim attachment to the work transferring to the JV. Having considered the scope, consideration should then be given to the following:
● are the right staff transferring?
● do staff want to transfer?
● are there incentives for staff to transfer?
● what is the most appropriate route?
● what happens to the pensions of the staff transferring?
● what happens to staff at the end of the JV?
6.24 Where TUPE applies the public sector body is obliged to consult with staff and trade unions at the earliest opportunity. The JV participants will also need to consider the possible implications of operating different employment terms and conditions inherited from the respective public sector and private sector participants, and the likelihood of a two-tier system.
_______________________________________________________________________________________________
58 See also ODPM Publication Employment and Partnerships - Technical Notes (ODPM 2003 updated by DCLG 2006. See Cabinet Office Code 2005 and also, for local authorities, the Code of Practice in Workforce Matters ODPM Circular 3/03 Annex D.