TUPE's effect on PF2s and other PPPs

The following Local Government practice note provides comprehensive and up to date legal information covering:

  • TUPE's effect on PF2s and other PPPs
  • TUPE 2006, PF2s and other PPPs
  • Guidance on staff transfers in the public sector
  • Statement of Practice on staff transfers
  • Secondment options
  • Negotiating the project agreement
  • Provision of information and populating the TUPE 2006 list
  • Warranties and indemnities
  • TUPE 2006 on termination

TUPE's effect on PF2s and other PPPs

TUPE 2006, PF2s and other PPPs

Public/private partnership (PPP) projects, including Private Finance 2 (PF2) projects, can entail transfers of undertakings and service provision changes that are caught by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246.

TUPE 2006 was amended on a number of points, including service provision changes, by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014, SI 2014/16.

Where there is doubt about whether TUPE 2006 applies as strict matter of law, there are often wider political drivers for the parties to treat a project as though it does, and this is often seen in the project documentation.

Guidance on staff transfers in the public sector

As well as complying with the statutory obligations set out by TUPE 2006 (as amended), public sector organisations have additional obligations with which to comply, eg the Cabinet Office Statement on Staff Transfers in the Public Sector.

The Government’s policy with regard to civil service pensions in transfer situations is set out in Fair Deal for Staff Pensions: Staff Transfers from Central Government. It is referenced in the revised edition of the Statement of Practice (see below).

For further reading, see Practice Note: Central government outsourcing—Fair Deal 2013 and pensions.

Statement of Practice on staff transfers

The aim of the Statement of Practice is to ensure

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