Will terms and conditions be harmonised?
The TUPE Regulations place limitations on the ability of the new Council to vary terms and conditions following transfer. Essentially the new authority cannot worsen the terms and conditions of transferring employees unless they can demonstrate that there is an economic, technical or organisation (ETO) reason. Government guidance and recent case law suggests that worsening an employee’s contract for the purpose of achieving post-transfer harmonisation cannot be justified by an ETO reason. It will be possible for the unitary authority and the employee (via employee representatives where relevant) to agree allowable variations in terms and conditions and your trade unions are currently being consulted on areas for harmonisation.
