Decision - TUPE Transfers and Trade Union Recognition & Involvement
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Decision details
TUPE Transfers and Trade Union Recognition & Involvement
Decision Maker: Policy, Resources & Growth Committee
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
This report follows recent discussions between
the Council and the Trade Unions (GMB and UNISON) about the TUPE
transfer of staff to other organisations.
As the Council makes changes to services to meet the current
financial demands there will continue to be transfers of BHCC staff
into other organisations through TUPE arrangements. As a result of
this the Trade Unions requested that consideration be given to the
following:
• Requiring Trade Union recognition in contracted or
commissioned services where BHCC staff will be TUPE
transferred;
• Involving the Trade Unions more in the tender process when
evaluating contracts that will result in the TUPE transfer of BHCC
staff.
HR, Legal and Procurement teams have considered the options with
regard to these matters, and the purpose of this paper is to
provide a way forward which balances the council’s positive
view of Trade Union recognition with its obligations in procurement
processes.
Decision:
That the Committee approve the following:
1)
That the Council makes clear in the tender
documentation for new contracts which involve the potential
TUPE transfer of council
staff that consultation is required
ahead of the transfer where any changes to Trade Union recognition
are envisaged by the new contractor, whether the automatic transfer
principle applies or not (see 3.3 below).
2) That, subject to the considerations described below in 3.6 and 3.7, the following criteria question is included during the evaluation stage for all tender processes that are likely to involve the TUPE transfer of council staff:
'Brighton & Hove City Council is a collective
bargaining organisation and recognises GMB and UNISON Trade Unions
for this purpose. The Council believes that Trade Union recognition
provides a good indication of a constructive approach to employee
relations and would therefore ask that bidders confirm whether
these arrangements will be continued or, in the alternative, to
explain how they consult and engage with unions and / or the
workforce to ensure best practice in terms of employee
relations'.
3) That, where Trade Unions request to be involved as stakeholders during the procurement process in order to comment on prospective providers of commissioned and contracted services where there will be a TUPE transfer of council staff, the process set out in 3.9 below is followed.
Report author: Alison Mcmanamon
Publication date: 19/12/2016
Date of decision: 08/12/2016
Decided at meeting: 08/12/2016 - Policy, Resources & Growth Committee
Accompanying Documents:
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