Title page 1

Contents 2

About this guidance 3

Glossary 4

Chapter one: Background to local government reorganisation 5

Chapter two: Principles for staff transfers and appointments 7

Chapter three: The Staffing Regulations 8

Preamble 8

Overall approach - application of TUPE 8

Regulation 3 - Transfers of functions: staff 9

TUPE and continuity of employment 10

Regulation 4 - Heads of paid service and other chief officers 10

Other chief officers 12

Regulation 5 - Redundancy Payments (head of paid service) 13

Regulation 6 - Local Government Pension Scheme (LGPS) 13

Chapter four: Practical Implementation of the Staffing Regulations 14

4.3. TUPE during local government reorganisation 14

4.4. Requirements relating to specific appointments 16

Structural Changes Orders and staffing appointments 16

4.5. TUPE and recruitment to new senior leadership teams 18

4.6. Disaggregating employees where there is more than one new unitary council for the area of a predecessor council 25

4.7. Specific issues and approaches for disaggregating or aggregating social care and public health employees 28

4.8. Voluntary Exit Schemes (VES) 29

Chapter five: Other implementation issues 31

5.1. Equalities duties 31

5.2. Interim pay policies and developing the new council pay policy 31

5.3. Equal pay 32

Preservation of employment 33

5.4. Discretionary compensation arrangements 34

5.5. Recruitment, retention and detriment 35

5.6. Developing new council HR and operational policies 37

5.7. Pensions 38

5.8. Local protocols on staffing issues 38

Chapter six: Communication with employees 40

Chapter seven: Consultation and Involvement of Trade Unions 42