PART 3

SOCIALLY RESPONSIBLE PUBLIC PROCUREMENT
CHAPTER 2

SOCIALLY RESPONSIBLE PROCUREMENT DUTY

Social public workforce clauses and code of practice on outsourcing public services

Social public workforce clauses in outsourcing services contracts
33
The public services outsourcing and workforce code must include model contract clauses (“social public workforce clauses”), which in particular—
a
are designed to ensure that members of staff employed by contracting authorities in providing services, or undertaking functions, to be outsourced will, if they wish, become employed by the person providing those services, or undertaking those functions, when they are outsourced (“transferring staff”);
b
are designed to protect the terms and conditions and pensions arrangements of transferring staff;
c
are designed to ensure that the terms and conditions of other members of staff employed by the person providing the services, or undertaking the functions, who are involved in providing those services, or undertaking those functions, are no less favourable overall than those of transferring staff, and that the pensions arrangements of those other members of staff are reasonable;
d
make provision supplementary to the matters referred to in paragraphs (a) to (c).
S. 33 not in force at Royal Assent, see s. 48(1)
S. 33 in force at 21.3.2025 by S.I. 2025/338, art. 2(j)