18  Employment and Pensions

Non-HRA Projects tend to be new build schemes and represent a new service provision for the Authority. Commonly no services which are to be provided by the contract are being provided by the Authority prior to the date of the Project Agreement.  As a result it is likely that there is no TUPE transfer of staff at services commencement under the Project Agreement.  Suitable drafting to cater for this scenario is set out at paragraphs 32 and 33 of this Guidance.  Authorities should, however, consider the likelihood of TUPE applying given the circumstances of its own project and particularly if it is procuring an extra care scheme and planning to outsource the provision of care services as part of its project.  In such a circumstance there may be a TUPE transfer of staff in which case the existing provisions of clauses 29 and 30 of HPP should be utilised.