IMPORTANT: TUPE outsourcing update
IMPORTANT: TUPE outsourcing update
Dear Colleagues
In response to requests for an update on the TUPE Commitments negotiations.
On 3 March 2015, in response to a counter proposal from Barnet Council, the trade unions requested an urgent meeting to try to reach an agreement; we are still waiting for a new date to try and reach an agreement with the Council.
In the interim please take some time to look at the 13 outstanding TUPE commitments which are not contained in the counter proposal from Barnet Council.
1. No staff on the contract will earn less than the London Living Wage.
2. No staff on the contract to be employed on zero hours contracts.
3. The new employer gives an undertaking not to offshore work and not to transfer jobs out of the Borough.
4. Any sub-contractor commissioned to run any of the services included in the contract will be required to adopt the same TUPE Transfer Commitments.
5. A guarantee that TUPE will last for the length of contract (the regulations do not specify a time period). This is essential to protect conditions of service, existing redundancy payments and early retirement provisions.
6. New starters will be on the same terms and conditions and the company will not operate a two-tier workforce.
7. New staff must have the option of remaining within or joining the Local Government Pension Scheme or Teachers’ Pension Scheme as appropriate.
8. Nationally agreed local government pay awards will be implemented in full unless otherwise agreed with the recognised trade unions, and for teachers they will adopt each annual School Teachers’ Pay and Conditions Document (or Soulbury pay scales for those paid on this Soulbury) unless otherwise agreed with the recognised trade unions.
9. The job evaluation scheme in use at the point of transfer will be applied for the duration of the contract.
10. The current trade union recognition and facilities agreement must be maintained, unless changed by joint agreement, for the duration of the contract. This should cover new staff who must have equal opportunity to join a recognised trade union.
11. There will be no restrictions on the employment status of branch trade union officers in the representation of their members.
12. The new employer will be required to make a contribution (as set out in the Trade Union Facility Time Charging Mechanism in the One Barnet contracts) to the Council’s Corporate facility time budget and/or the schools’ traded service for TU facilities time to ensure transferred employees continue to receive support from trade union branches.
13. The Council must allocate adequate resources to fully and effectively monitor the employment and health & safety policies and practices of the contractor as an integral part of the performance management and reporting process.
Summary
The Trade Unions submitted 18 TUPE commitments and only 5 have been included in the counter proposal.
UNISON wants to ensure maximum protection and representation for any members who are transferred to another employer.