0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

two-tier code abolished

29 March 2011

The Secretary of State for Communities and Local Government, Eric Pickles has announced that the Code of Practice on Workforce Matters in Local Authority Service Contracts (the so-called “two-tier code”) is repealed with immediate effect.

The code sought to ensure that new-joiners were given comparable terms and conditions (including pensions) to those former local authority staff who had transferred to the service provider under TUPE.

The government claim that abolishing the code will “ help create a level playing field, ensure more opportunities for innovation, help ensure better value for taxpayers’ money in the provision of public services, and remove red tape that hinders job creation.”

However, service providers seeking to give new-joiners less favourable terms and conditions will have to exercise caution to avoid claims for discrimination or inequality of contract terms under the Equality Act 2010.

related opinions

Beards: Smart or Not?

In Sethi v Elements Personnel Services Limited, the Employment Tribunal has considered the implications of dress codes on men.

View blog

Disability pay gap

For the first time, the Office for National Statistics (“ONS”) has analysed pay gaps between disabled and non-disabled employees in the UK using newly reweighted earnings data from the Annual Population Survey.

View blog

Does TUPE work for workers?

An Employment Tribunal has considered the definition of “employee” under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and concluded that this definition is wide enough to cover those who would be more usually described within the UK as workers.

View blog

Supreme Court extends whistle-blower protection

The decision of the Supreme Court extends the scope of whistle-blower protection and is a wider approach than that taken in direct discrimination claims.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up