Agenda item - TUPE Transfers and Trade Union Recognition & Involvement

Report of the Executive Director for Finance & Resources (copy attached).

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.

90.1         The Committee considered a report of the executive Director for Finance & Resources in relation to TUPE Transfers and Trade Union Recognition & Involvement. The report followed recent discussions between Brighton & Hove City Council (the ‘council’) and the Trade Unions (GMB and UNISON) about the TUPE transfer of staff to other organisations. As the Council made changes to services to meet the current financial demands it was likely that there would continue to be transfers of council staff into other organisations through TUPE arrangements. As a result of this, the Trade Unions requested that consideration be given by the Council to the following: requiring Trade Union recognition in contracted or commissioned services where council staff will be TUPE transferred; and involving the Trade Unions more in the tender process when evaluating contracts that will result in the TUPE transfer of council staff.

90.2         In response to Councillor G. Theobald it was clarified that the aim of the specifications would be to achieve the best value for money; however, Councillor G. Theobald expressed concern that the proposals could put the Council in an impossible position and put off companies from bidding for work. The Chair also noted that the comments raised by the Procurement Advisory Board had been included in the report.

90.3         Councillor Sykes noted his support for the report and stated that the wording was reasonable and best practice in terms of employee relations.

90.4         Councillor Wealls noted his concern that the proposals in the report could place increased political pressure on Officers.

90.5         The Chair then put the recommendations to the vote. These were carried with 6 in support and 4 against.

90.6         RESOLVED - 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.