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Amendments to the Local Government Bill

Local Government Bill


AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Supplementary to the Fourth Marshalled List]


 

Clause 103

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Page 57, line 44, leave out sub-paragraph (ii) and insert—
"(   )  no less favourable than,"
Page 58, line 39, leave out sub-paragraph (ii) and insert—
"(   )  no less favourable than,"
 

After Clause 103

 

THE BARONESS HAMWEE
THE BARONESS MADDOCK

Insert the following new Clause—
  "Staff transfer matters: terms and conditions of employment
(1)  The appropriate person shall exercise his power to give directions under section 102(1) so as to secure that where a local authority is contracting with a person ("the contractor") for the provision of services that are to be provided under a contract instead of by employees of the authority, it does so on terms—
(a)  that require the contractor, in the event of there being any transferring employees, to secure the protection of terms and conditions of employment for each of them, and
(b)  that, so far as relating to the securing of the protection of terms and conditions of employment for a transferring employee, are enforceable by the employee.
(2)  For the purposes of subsection (1)—
(a)  "transferring employee" means an employee of the authority whose contract of employment becomes, by virtue of the application of TUPE regulations in relation to what is done for the purposes of carrying out the contract between the authority and the contractor, a contract of employment with someone other than the authority, and
(b)  "protection of terms and conditions of employment" is secured for a transferring employee if after that change in his employer he has, as an employee of his new employer, rights to terms and conditions of employment that—
(i)  are the same as, or
(ii)  no less favourable than
  those that he had as an employee of the authority.
(3)  The appropriate person shall exercise his power to give directions under section 102(1) so as to secure that where—
(a)  a local authority has contracted with a person ("the first contractor") for the provision of services,
(b)  the application of the TUPE regulations in relation to what was done for the purposes of carrying out the contract between the authority and the first contractor resulted in employees of the authority ("the original employees") becoming employees of someone other than the authority, and
(c)  the authority is contracting with a person ("the subsequent contractor") for the provision of any of the services, the authority contracts with the subsequent contractor on terms satisfying the requirements of subsection (4).
(4)  Those requirements are that the terms—
(a)  require the subsequent contractor, in the event of there being any transferring original employees, to secure the protection of terms and conditions of employment for each of them, and
(b)  so far as relating to the securing of protection of terms and conditions of employment for an original employee, are enforceable by the employee.
(5)  For the purposes of subsection (4)—
(a)  "transferring original employee" means an original employee—
(i)  whose contract of employment becomes, by virtue of the application of the TUPE regulations in relation to what is done for the purposes of carrying out the contract between the authority and the subsequent contractor, a contract of employment with someone other than his existing employer, and
(ii)  whose contract of employment on each occasion when an intervening contract was carried out became, by virtue of the application of the TUPE regulations in relation to what was done for the purposes of carrying out the intervening contract, a contract of employment with someone other than his existing employer;
(b)  "protection of terms and conditions of employment" is secured for a transferring original employee if after the change in his employer mentioned in paragraph (a)(i) he has, as an employee of his new employer, rights to terms and conditions of employment that—
(i)  are the same as, or
(ii)  no less favourable than
  those that he had before that change.
(6)  In subsection (5)(a)(ii), "intervening contract" means a contract with the authority for the provision, at times after they are provided under the contract with the first contractor and before they are to be provided under a contract with the subsequent contractor, of the services to be provided under the contract with the subsequent contractor.
(7)  Any expression used in this section, and in the TUPE regulations, has in this section the meaning that it has in the TUPE regulations.
(8)  In this section—
 "local authority" means a local authority for the purposes of section 1(1)(a) of the Local Government Act 1999 (c. 27) (local authorities in England and Wales that are best value authorities);
 "the TUPE regulations" means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794), or any regulations replacing those regulations, as from time to time amended."

 
 
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12 June 2003