Employees of Muirfield and Carillion working on an Aberdeen City Council kitchen and bathroom contract expected to stay in work when the contracts were moved to Sidey. But, according to the Ucatt union, which is now taking legal advice, Sidey is refusing to accept that TUPE – Transfer of Undertakings (Protection of Employment) Regulations 2006 – applies.
Ucatt regional secretary Harry Frew said: “It is absolutely disgraceful the way in which these workers are being treated. We will be pursuing every avenue to ensure they keep their jobs, and believe that TUPE should apply with workers transferring with the contract.”
He added: “We are looking to the council to ensure any incoming contractors accept that the workforce will transfer and are employed as part of the contract. The workers should not suffer due to the failings of others.”
Ucatt is already concerned about government proposals to reform TUPE. The Department for Business, Innovation & Skills is proposing to make the regulations apply only to the transfer of a business, not just a service contract. Under the proposals, a company winning a contract will be free to decide whether or not to retain the previous workforce. Any redundancy liability will be with the losing contractor.
Even where TUPE does apply, pay and conditions will only be protected for a year instead of indefinitely as now.
Ucatt general secretary said the government was “making it cheaper and easier to privatise public services”.
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