Restormel Borough Council 

Absence levels where identified as an area for improvement.  A new Attendance Management policy was launched which ensured that managers were accountable for managing return to work plans.  Managers were trained in stress management and coached on how to manage people back to work. Long term sickness was reduced by greater use of occupational health services the result was that the number of days average absence per person fell from 10 to 8 and then to 6.  The saving cost to the Council was considerable.

Does TUPE apply? Transfer of Undertakings (Protection of Employees) Regulations 2006

A Care and Support business was having its contract terminated by its contract provider.  The contract was being given to another Company.  The Care and Support business was a service for adults with learning difficulties this consisted of a care home with staff who slept in on a rota basis. The adults were not independent and relied on the staff for their care.  The Care & Support business wanted to ensure that all the legal implications of TUPE were covered.  

As the transferor (transferring the business to the transferee) we had to ensure that there was a Consultation process for the staff about theTUPE transfer.  The HR Manager ensured that the legal obligation of due diligence information was completed for the transferee.   The transferee refused to accept that TUPE applied. If this had been the case then it would have cost and legal implications for the transferor.  The transferee claimed that the service provision was different for the adults.

If TUPE didn’t apply then the transferor would incur redundancy and notice costs for all the staff that remained in the service as well as any claims for litigation. These costs had been calculated as part of the project. We wrote to the transferee stating that the Transferor believed that TUPE applied in this case and that the law supported this as technically the service provision was not different. The staff had the appropriate letters informing them of the transfer of the business and the decision was not challenged further. The due diligence information was completed and sent off to the transferee.  The transferor achieved a cost effective transfer with staff who were informed of all of the proceedings at each stage of the process. All staff transferred successfully and the transferee accepted responsibility as the employer under the TUPE regulations.


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