STUC/Scottish Executive
PPP Employment Protocol
Summary
UNISON Scotland welcomes the protocol as a major
step forward in preventing future two tier workforces in PPP schemes.
However, our campaign against PFI will continue, as PPP remains
a costly, unaccountable and inflexible funding mechanism for Scotland's
public services.
The key elements of the Protocol are:
- The Protocol covers all Public Service Organisations (PSOs)
in Scotland who enter into a PPP contract.
- PPP is only one of several procurement options for public
bodies. It is not the preferred option.
- Compliance will be a contractual requirement in PPP contracts.
- Emphasises the link between high quality services and good
employment practices.
- PPP contracts will not be awarded only on the basis of lowest
price. The best option will involve other factors including
quality and good employment practices and bids will be evaluated
on these grounds.
- Consultation with trades unions will start at the earliest
stage and continue with full disclosure of information throughout
the process. Openness should be the default approach.
- It is not a requirement of PPP that public sector employees
transfer. Where the contract includes services currently carried
out by public service employees a range of options can be considered
as part of the consultation with the trade unions including
bids from DSO/DLOs.
- If staff transfer, TUPE (or the principles of TUPE) will apply
except in certain exceptional circumstances. Other options including
redeployment will be considered for staff who do not wish to
transfer.
- Changes to terms and conditions require agreement between
the new employer and the trade unions.
- New staff recruited to work on a PPP contract will be employed
on terms and conditions which are no less favourable overall
to those of transferred employees. They must also be offered
pension arrangements, which are the same, or broadly comparable
using admitted body status where possible. This ends the two
tier workforce for future PPP contracts.
- There will be monitoring and review of PPP schemes and the
protocol.
November 2002
