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Archive for April 18th, 2011

The Code of Practice on Workforce Matters in Local Authority Service Contracts has been withdrawn according to the Communities & Local Government Department.

The Code was introduced in 2003 and applied to TUPE staff transfers in England and Wales where they involved local authority service contracts. The Code ensured that employees who joined the dedicated team after the transfer were not disadvantaged.

The idea was that this redressed the two tier worforce that had started to emerge as a result of employees being hired in on less favourable terms and conditions after a transfer. These employees joined the transferee organisation and sat along side team members who were on better terms and conditions because they were protected by TUPE Regulations.

But in any case this isn’t unusual because transferring employees often join new teams that are subject to less favourable terms and there is no obligation to ‘improve’ those terms in line with the new joiners!

Caution: This decision is not retrospective, so if your service contract is already covered by the Code it will continue to be so.

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