§ Ms RuddockTo ask the Secretary of State for the Home Department whether existing trade union negotiating rights and agreements will be recognised in the event of Manchester prison or any other Home Office function or division being contracted out.
§ Mr. Peter LloydResponsibility for this matter has been delegated to the director general of the Prison Service, who has been asked to arrange for a reply to be given.
66WLetter from Derek Lewis to Ms Joan Ruddock, dated 19 April 1993:
The Home Secretary has asked me to write to you in response to your Parliamentary Question about trade union recognition if the management of Manchester prison were to be contracted out.
When the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) apply to the contracting out of a Home Office activity existing trade union recognition and collective agreements will transfer to the new employer. As a general rule whether or not TUPE applies depends on the facts of each case. Should a private operator win the market test for HM prison Manchester, TUPE will apply.