Waste disposal firms will assume they have to take on council workforces with unchanged pay and conditions when bid...
Waste disposal firms will assume they have to take on council workforces with unchanged pay and conditions when bidding for council work under new guidelines from the National Association of Waste Disposal Contractors, the Financial Times reports (20 November p6).
The paper says the NAWDC decision conflicts with government advice that they need not assume Tupe, the Transfer of Undertakings (Public Employees) Regulations of 1981 apply to competitive tendering.
The association's policy director Steve Webb is reported as saying the decision was necessary because some councils were using the confusion to suit themselves. He said the government had added to the confusion by failing to make a firm statement.
The Association of Metropolitan Authorities welcomed the announcement as a belated recognition that Tupe exists although the DoE said the legal position remains that private contractors cannot determine just like that whether Tupe applies.