I hope that, in this instance, I can give the noble Baroness the complete reassurance that she seeks. TUPE legislation will apply automatically to the social work practice arrangements without the need for additional provision in the Bill. That means that relevant staff will transfer from the local authority to the provider of social work services and will remain employed on the same terms and conditions. The relevant staff are those assigned by the local authority to the functions that will be discharged by the provider of social work services.
In addition, the duties which fall on the transferring employer under TUPE to inform and consult employee representatives about the transfer will bite automatically on local authorities contracting with social work practices. There is a right under TUPE for the employee to go to an employment tribunal if the transferring employer does not inform and consult. In addition, when we are drawing up statutory guidance for local authorities about making arrangements for social work practices, we will include guidance about staff transfers and about compliance with TUPE to ensure minimal disruption for staff, as well as children and families. I hope that that gives the noble Baroness the reassurance that she seeks.
Children and Young Persons Bill [HL]
Proceeding contribution from
Lord Adonis
(Labour)
in the House of Lords on Tuesday, 8 January 2008.
It occurred during Debate on bills
and
Committee proceeding on Children and Young Persons Bill [HL].
Type
Proceeding contribution
Reference
697 c299GC 
Session
2007-08
Chamber / Committee
House of Lords Grand Committee
Subjects
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2023-12-16 02:25:18 +0000
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