Department for Levelling Up, Housing & Communities
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Healey confirms TUPE protections for staff moving to new Unitary Councils

Healey confirms TUPE protections for staff moving to new Unitary Councils

COMMUNITIES AND LOCAL GOVERNMENT News Release (098) issued by The Government News Network on 7 May 2008

Local Government Minister John Healey today published the framework - regulations and guidance - which the Government intends to put in place for the transfer and appointment of staff to the new unitary councils. The framework, centred on the Government's commitment to TUPE protection for staff transferring to the new unitaries, also makes clear that councils should take full advantage of their new start to bring in fresh blood to their senior management teams so that the best people are in place to lead and manage the new flagship councils.

The creation of nine new unitary councils in Bedfordshire, Cheshire, Cornwall, Durham, Northumberland, Shropshire, and Wiltshire from 1 April 2009, will reduce the number of councils in those areas by 35, providing opportunities for stronger local strategic leadership, innovative arrangements for empowering communities, and an overhaul of local services. Councils expect that annual savings of over £100m will be available to improve front line services or to keep down council tax bills.

John Healey MP said:

"Staff are essential to the success of councils and well-being of local communities. Our regulations will ensure that employees will be protected under TUPE, and we expect all nine new councils to deal constructively with the trade unions and to ensure staff are kept involved and informed as detailed plans are developed."

"The new streamlined councils are a big shift in the way local government and services are delivered in these areas and local people will have wholly different expectations of their new unitary councils.

"New senior officers with fresh skills, experiences and new perspectives will be vital in creating a successful future for these flagship councils. That is why our Regulations also require the chief executive of each new unitary council must be recruited by open competition by April 2010 at the latest, and why we expect the majority of top posts also to be subject to open competition over a period.

"Transition to the new councils will be a challenging and unsettling time for all concerned, but I want to see staff given as much certainty and support as possible. I am confident from the reports I receive that all of the affected councils are committed to working together in the best interests of their area."

Notes to Editor

A copy of the written ministerial statement will be found on the parliament website: http://www.parliament.uk/publications/index.cfm

Draft Staffing Regulations and Guidance are being circulated today to trade unions, Joint Implementation Teams and the Local Government Employers, for a two-week period for final comments. The Regulations will provide that:

* all employees of councils which will cease to exist on 1 April 2009 who are in post immediately prior to that date will become employees of the new unitary councils;

* those employees will transfer to the new councils on terms and conditions no less favourable than those that applied under their previous employer; and,

* the post of chief executive (head of paid service) of the new unitary council must be recruited by means of open competition.

News Releases: http://www.communities.gov.uk/newsroom

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