Andy Sawford – 2014 Parliamentary Question to the Department for Work and Pensions

The below Parliamentary question was asked by Andy Sawford on 2014-04-29.

To ask the Secretary of State for Work and Pensions, what assessment he has made of the level of TUPE contract protection available to fraud staff currently employed by local authorities who will be transferred to the Department for Work and Pensions as part of the single fraud investigation service.

Esther McVey

DWP has considered whether the creation of SFIS falls within the TUPE definitions. The regulations state “…the transfer of administrative functions between public administrative authorities is not a relevant transfer” (for the purpose of TUPE). After careful consideration, DWP has concluded that benefit fraud investigations fall within this category, and as such, TUPE would not apply.

DWP has however, made clear that the success of SFIS is a priority and we intend to transfer staff currently working on fraud investigations from Local Authorities. To effect those transfers, DWP will apply the approach set out in the Cabinet Office Statement of Practice for Staff Transfers in the Public Sector (COSOP) and staff will transfer under a Statutory Transfer Scheme (STS) as provided for under Section 38 of the Employment Relations Act 1999. In line with COSOP, the terms and conditions for transferring staff will be protected.