§ Mr. Austin MitchellTo ask the Secretary of State for the Home Department whether, under future market tests of publicly run prisons, staff transferred to a private sector operator will be protected by the two tier workforce provisions applicable to local government employees in a similar position. [161960]
§ Paul GogginsThe Home Office complies with policy for Central Government Departments and Agencies on the handling of staff transfers. The Transfer of Undertakings (Protection of Employment) Regulations 1981 ("TUPE") govern the majority of such staff transfers and contractors are normally also required to apply the principles set out in the Cabinet Office Statement of Practice "Staff Transfers in the Public Sector" and its annex "A Fair Deal for Staff Pensions". The Home Office does not propose to extend this further to mirror the two-tier workforce provisions contained in the Local Government Code of Practice on Workforce Matters.