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Serco Institute
Resource Centre

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Transfer of staff

The process of transferring staff from public to private employment is one of the greatest challenges faced by those involved in the practice of contracting public services. Here you will find policy documents, industrial commentary and academic debate on subjects relating to the transfer of staff.

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Code of Practice on Workforce Matters in Public Sector Service Contracts
The Cabinet Office, 2005

This sets out the government's approach to the transfer of staff from a public sector organisation to a contracted service provider.  The code aims to prevent the emergence of a two-tier workforce by ensuring new joiners will be given terms and conditions no less favourable overall than those of transferred employees, though they do not have to be identical.

UK


Ending the Two-Tier Workforce: A comprehensive solution?
Wing, Malcolm; National Secretary, 2005
UNISON
UNISON's views regarding the role and extension of the Best Value Code of Practice in the public sector.


What is a "relevant transfer"?
Cohen, Simon , 2003
Employment Digest, No 574, pp1-3
Terms definitions and discussion.

UK


Retention Of Employment: Fix or Fudge
Haynes, Gavin & McGurran, Amanda, 2003
Shadbolt and Co
Paper discussing the effects and limitations of the Retention of Employment policy of the UK Government.

UK


The Retention Of Employment Model: A UNISON Briefing (PDF)
UNISON, 2003

A negotiating guide containing UNISON's position regarding the Retention of Employment policy of the UK Government.

UK


The Two-Tier Workforce: an ippr briefing (PDF)
Institute for Public Policy Research (IPPR), 2003

An ippr paper that succinctly identifies and describes the Two-Tier Workforce dilemma, details governmental responses and proposes some additional solutions.

UK


Transfer season
Carter, Caroline and Sandison, Kate , 2003
People Management, Vol 9, No 14, pp20-21
A brief note describing the mayor governmental actions taken on part of the Uk Government to enhance some provisions of the TUPE Regulations. 

UK


TUPE round-up
Bloor, Chris , 2003
Employment Digest, No 569, pp1-3.
An article that stipulates that due to the lack of clarity in some TUPE Regulations definitions conflict over the interpretation of the norm often arises. 

USA


Transfers: an LRD guide to the TUPE regulations (Web Page)
Labour Research Department, 2002
London, LRD Publications (Booklets)
A LRD guideline for understanding the magnitude and consequences of the TUPE Regulations. 
ISBN 1900544725
UK


Transfer of undertakings
Firth, Judith and Nickson, Susan, 2002
2nd ed. London, Chartered Institute of Personnel and Development (Legal essentials)
Legal guidance for understanding the TUPE regulations and its implications.
ISBN 0852929706
UK


TUPE: a practical guide
Sage, Gill , 2002
Law Society, TUPE: a practical guide
A book providing guidance for common troubles associated with TUPE regulations, as well as a general overview of the effect of these regulations. 
ISBN 1853288152
UK


Retention of Employment Model - Potential Problems (Web Page)
House of Commons Select Committee on Health, 2001
The Stationery Office
A House of Commons report addressing some probable causes of conflict that the Retention of Employment Policy of the UK Government might generate.

UK


Regulations 1981 Government Proposal for Reform Detailed Background Paper (PDF)
Employment Relations Directorate, 2001
Department of Trade and Industry
A report detailing the background information and analysis that supported the proposals contained in the Government's consultation document on reform of the Transfer of Undertakings Regulation 1981 (TUPE Regulations).
Ref: URN 01/1158
UK


Staff Transfers in the Public Sector. Statement of Practice (PDF)
Cabinet Office, 2000

Statements that sets the framework for achieving a clear and consistent policy regarding the treatment of staff by all public sector organizations

UK


Employees' information and consultation rights on collective redundancies and transfers of undertakings: a short guide to the new requirements. (Web Page)
Department of Trade and Industry , 1999

 Guideline for understanding the changes made on 28 July 1999 to the requirements that employers have to comply in matters of planned collective redundancies and transfers of undertakings with employee representatives.   
Ref: URN 99/1036
UK


Last Updated: 05 May 2010