Transfer of Staff

The Local Authority is following the Code of Practice on Workforce Matters in Local Authority Service Contracts and the associated Contract clauses for this Project.

[In those instances where employees are being transferred from the Local Authority:

The Local Authority considers that the TUPE will apply to this Project. If TUPE does apply, those employees of the Local 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 Local 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 Local 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 Local Authority, and those new employees of the current service providers who were employed to work alongside the Local 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.