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1. This document sets out an approach to workforce matters in public sector service contracts which involve a transfer of staff from the public sector organisation to the service provider, or in which staff originally transferred out from the public sector organisation as a result of an outsourcing are TUPE transferred to a new provider under a retender of a contract. This Code will form part of the service specification and conditions for all such contracts, except those where the Best Value Code of Practice on Workforce Matters in Local Authority Service Contracts applies, or where other exemptions have been announced.(1)
Exemptions include: public corporations and trading funds, Independent Sector Treatment Centres, transfers where the Retention of Employment Model for NHS PFI contracts applies, higher and further education institutions and Academies.
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