Section 83C Power to specify provision for inclusion in relevant outsourcing contractsF1

(1)

An appropriate authority may by regulations specify provision to be included in a relevant outsourcing contract for the purpose of ensuring that—

(a)

transferring workers of a specified description are treated no less favourably as workers of the supplier or a sub-contractor than they were as workers of the contracting authority, and

(b)

workers of the supplier or a sub-contractor who are not transferring workers and are of a specified description are treated no less favourably than those transferring workers.

(2)

In carrying out the procurement of a relevant outsourcing contract, the contracting authority must—

(a)

take all reasonable steps to ensure that provision specified under subsection (1) is included in the contract;

(b)

where provision specified under subsection (1) is included in the contract, take all reasonable steps to secure that such provision is complied with.

(3)

Subsection (2) does not apply—

(a)

where the contracting authority or the relevant outsourcing contract is of a specified description, or

(b)

in specified circumstances.

(4)

In this section, “specified” means specified in regulations made by an appropriate authority.

Annotations

Textual amendments

F1: Pt. 5A inserted (6.1.2026 for specified purposes) by Employment Rights Act 2025 (c. 36), ss. 32(2), 159(3); S.I. 2026/3, reg. 2(16)(b)