§ Mr. Llwyd
To ask the Secretary of State for Wales if he will make it his policy to ensure that Transfer of Undertakings (Protection of Employment) Regulations 1981 rules regarding transfer of council employees to reorganised local authorities apply to all county and district councils in Wales; what representations he has received on the matter; and if he will make a statement.
§ Mr. Redwood
Whether or not the TUPE regulations apply depends on the circumstances of each case. My hon. Friend and I have made it clear on a number of occasions that we will include in the staff transfer order staff whose contracts of employment are considered to be protected under TUPE, but that we do not believe that all local government staff will fall into this category.
The staff commission for Wales wrote to me on 8 December suggesting that, in order to ensure equal treatment of employees of county and district councils, all staff who wish to transfer should be transferred. My hon. Friend and I have received a large number of representations from hon. Members, councils and others in support of the staff commission's letter.
We hope to give our response shortly.