16.1. The Act ensures further rights for public sector workers who have been transferred under TUPE into the private sector.
16.2. The measures are intended to prevent the growing problem of a “two-tier workforce” where private and ex-public sector employees are on different terms and conditions. The Act, will reinstate a strengthened version of the “Code of Practice on Workforce Matters in Public Sector Service Contracts”, commonly known as the two-tier code. This will include a requirement to include provisions within outsourcing contracts that those transferring from the public sector into the private sector will be treated no less favourably, and public bodies must take all reasonable steps to ensure these provisions are included in outsourcing contracts.
16.3. This will happen from October 2026.
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