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Mitie: Conditions of Employment

Question for Cabinet Office

UIN 203432, tabled on 19 October 2023

To ask the Minister for the Cabinet Office, with reference to the retendering of Facilities Management contracts in the Mitie Affiliate Cluster, what assessment he has made of the adequacy of TUPE transfer provisions for (a) corporately employed and (b) privately contracted staff.

Answered on

24 October 2023

Employment Terms and Conditions are a matter for Employers and their Employees.

However, the Government Property Agency (GPA) has supported the employee representatives, notably the PCS Trade Union, in discussions with the GPA's new suppliers. All suppliers have listened to the concerns expressed by the PCS trade union and have provided both assurance and solutions to ensure that any affected member of staff is not directly or indirectly affected by the change of their employer. This includes financial assistance via ex gratia payments and interest-free loans and advice and support to mitigate against issues surrounding the claiming of "in work" benefits.

The GPA is committed to eliminating all forms of discrimination. Throughout the workplace services transformation programme the GPA has continued to give PSED due consideration and will continue the completion of the impact assessment following the recent award of contracts. This will be shared with trade unions upon completion. The successful bidders have been tested for this requirement at Framework creation stage and will be required to demonstrate ongoing compliance with the Equalities Act 2010 and the GPA’s aspirations during delivery of the contract.

Whilst the GPA has an active interest in the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) transfer of supplier employees, TUPE transfers are a matter for both the outgoing and incoming contractors and both the outgoing and incoming suppliers are experienced in this area. The employee rights are set out by the TUPE regulations and reinforced in the Crown Commercial Services framework which this contract is let on. The Government Property Agency will act upon any breach of this legislation if it occurs and holds its supply chain to the legislative requirements. The GPA continues to encourage both their current and their new suppliers to exchange information quickly to enable consultations to be effective and to resolve queries quickly where they arise.

Answered by

Cabinet Office