Workplaceupdate

TUPE – The promised consultation seems to have slipped again. The Department of Trade and Industry is still reviewing the issues, especially the provision of pensions in private-to-private outsourcing contracts. The new regulations are unlikely to be in force until summer 2001. Further information from the Business Services Association, tel 020 7786 6301.

Local government pension scheme – A number of issues have been raised that are hindering take-up of ‘admission agreements’ in local government outsourcing and public-private partnership contracts. This is normal with any new policy initiative. These include the form of admission agreements and the size of indemnities sought by the local authority administering a local pension fund. A group representing the Department of the Environment, Transport and the Regions, local authorities, the Local Government Pension Committee and the private sector are addressing these issues and new guidance should become available this month. Hopefully this will allow this highly desirable option to be taken up by the private sector. Further information from BSA, tel 020 7786 6301.

MoD key principles – The key principles document negotiated last year between the Ministry of Defence and the private sector was signed on 19 April by the department and BSA. The key principles give scope for cost recovery, service innovation and variation of price clauses. For details contact BSA, tel 020 7786 6301.

MoD standard terms for PFI – A set of standard terms for the private finance initiative based on those issued by the former Treasury taskforce should now be available.

Employment agencies – The DTI is currently consulting on amendments to the Employment Agency Regulations 1976. The principal proposal is that employment bureaux should continue to be able to charge temporary to permanent fees, but only if they offer employers an extended hiring period for the worker in question, followed by a free transfer. This will allow bureaux and clients to agree contractual terms at the start of an engagement. It seeks to build on best practice within the industry.

There is a tentative proposal for Europe-wide regulation of the industry. The social partners are still taking positions on whether to enter into negotiations or to leave this issue to a commission directive. The European employers confederation, UNICE, has agreed to open negotiations as long as the trade unions accept that agency work is integral to the flexible labour market.

Working Time Directive – The DTI has issued its guide, available on its website. This ‘idiots guide’ gives advice on the main provisions of the regulations and poses questions for managers, but many questions remain unanswered. The guidance now states that comparisons should only be made between full-time and part-time workers with the same type of contract. The government has not allowed workers to compare themselves with hypothetical full-time employees. See www.dti. gov.uk/er

Industrial action ballots – The DTI has issued a consultation document on the code of practice on industrial action ballots and notice to employers. The Employment Relations Act 1999 amended the Trade Union and Labour Relations Act 1992 to make the code more concise and easier to understand. It features on the DTI website at www.dti.gov.uk/er/consultz.htm.