Business Transformation Cabinet Member – Minutes – 28 June 2018

1 (1) TUPE PROTOCOL – The Director: Business Development submitted a report seeking approval for a revised TUPE protocol as part of the council’s Human Resources Manual.

TUPE was an acronym for the Transfer of Undertaking (Protection of Employment) Regulations 2006. This was the main piece of legislation governing employees affected by the transfer of an undertaking, or part of one, to another organisation.

The council had an existing TUPE protocol dating from 2009, introduced largely in response to the academisation agenda in education, for the purpose of supporting the TUPE transfer of employees based in council-maintained schools to academies.

Since then, the council had been party to many TUPE transfers, both into and out of the organisation, involving a variety of different sectors in addition to education.

In recognition of the increased scope and complexity of the TUPE transfers the council was involved in, a revised TUPE protocol had been drafted to guide managers and HR practitioners in the application of TUPE principles for transfers of employees both in and out of the council.

Resolved – That the revised TUPE protocol be approved.

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