1. One of the functions of the Staff Commission is to advise the Secretary of State for the Environment on arrangements for staff transfers including frontline service staff transferring en bloc.
2. The Commission has also been asked to consider the nature and scope of any prior consideration arrangements for staff whose posts are lost in reorganisation, and whether any other posts in addition to the Head of Paid Service should be subject to open competition.
3. The difficulty in interpreting the Acquired Rights Directive and the TUPE Regulations, and the fact that an authority which acquires new functions but retains its old boundaries as a district or a county will not be a new legal entity, has created uncertainty regarding the legal and administrative environment applying to transfer and recruitment.
4. This paper therefore puts forward a series of proposals and related questions. Responses will be taken into account in an early Circular.
Automatic Transfer of Employment
5. The following section defines those staff who would be accorded automatic transfer of employment. It would be helpful if addressees would consider whether the definitions offer a sufficiently certain means of identification of employees.
6. It is suggested that automatic transfer of employment should apply to the following:-a Manual and craft workers. these staff should transfer to the employment of the successor authority which geographically encompasses their ordinary place of work at vesting date, or to whom their work base is transferred under the arrangements for transfer of assets.
where the work is carried out in more than one successor authority staff may transfer to such authorities as are agreed among the authorities concerned.
There may be limited exceptions: eg security and caretaking staff and cleaners who are employed to look after buildings which are surplus to requirements.
Questions: i) should the 'ordinary place of work' be the depot, or the location where work is actually carried out, where the two are different (as in the case of, say, highway maintenance staff)? ii) how should internal 'contractor units' under CCT be treated? Is there any reason to treat them differently from other manual workers?
B Other staff whose work involves service provision direct to the public at a specific location or locations. where the locations are all within the area of one successor authority staff would transfer to that authority.
Where the locations are in the area of more than one successor authority staff may transfer to such authorities as are agreed among the authorities concerned.
This group could include for example:- teachers and ancillary staff working in specific schools and other educational establishments; supply and peripatetic teachers normally working in specific schools or groups of schools; museum, art gallery and library staff; staff of social services centres and hostels; area social workers, development control officers and environmental health officers; housing officers on estates; social services staff providing services to clients in particular areas, Question: how should the issue of seconded and agency staff behandled?
C Administrative and managerial staff wholly and solely employed in administrative support to or management of staff covered by a and/or b above. Question : should this apply regardless of where these staff are located?