Transfer of Staff

The Fire and Rescue Authority or Police Authority is following the Code of Practice on Workforce Matters in Fire and Rescue Authority or Police Authority Service Contracts and the associated Contract clauses for this project.

[In those instances where employees are being transferred from the Fire and Rescue Authority or Police Authority:

The Fire and Rescue Authority or Police Authority considers that the TUPE will apply to this Project.  If TUPE does apply, those employees of the Fire and Rescue Authority or Police Authority employed in the part of the service so transferred will become employees of the Service Provider on their existing terms and conditions of employment.  

Details of the staff employed by the Fire and Rescue Authority or Police Authority on the service, giving details of grade, hours of work, terms and conditions of employment, age, length of service etc. are set out in the Data Room.]

[In those instances where there is a second-generation transfer and the Code of Practice is judged to apply:

The Fire and Rescue Authority or Police Authority considers that the TUPE will apply to this Project.  If TUPE does apply, those employees of the current service providers employed in the part of the service so transferred who were originally transferred from the Fire and Rescue Authority or Police Authority, and those new employees of the current service providers who were employed to work alongside the Fire and Rescue Authority or Police Authority employees, will become employees of the Service Provider on their existing terms and conditions of employment.  

Details of the relevant staff employed by the current service providers on the service, giving details of grade, hours of work, terms and conditions of employment, age, length of service etc. are set out in the Data Room.]

Under TUPE, there is an obligation to consult with recognised trade unions, professional associates and employee representatives about any likely consequences for staff.

Bidders are advised to seek their own professional advice in order to form their views on the question of TUPE and should specify, in accordance with Part 5 of these Instructions, the view that they have taken, explaining reasons.

Pensions

Current details of membership of the Pension Scheme are included on the Collaborative Website set up for the project [in the Data Room].

In relation to pension benefits, all employees who transfer their contract of employment under the terms of the Project and who are members of, or are entitled to be members of the Fire and Rescue Authority or Police Authority's Scheme, must (as a minimum) be offered:

•  A broadly comparable pension for future service, both on the initial transfer under the partnership arrangement, and on any second and subsequent transfers.  The Government Actuary's Department ('GAD') must certify that the benefits offered are broadly comparable.

•  The option to move any accrued credits to the new scheme by means of a bulk transfer on a day-for-day past-service credit basis.

The costs of obtaining the Certificates of Broad Comparability from the GAD and any Independent Actuaries fees are to be borne by the Service Provider.