Work Programme - Potential TUPE Implications for Welfare to Work Providers

Welfare to Work providers will be aware that the introduction of the Work Programme will result in the termination/end of a number of current Welfare to Work contracts.

The Department for Work and Pensions (DWP) are currently exploring the potential impact that the Work Programme may have on current contracts, particularly in relation to the Transfer of Undertakings (Protection of Employment) Regulations 2006 - commonly known as the TUPE Regulations - and how this may affect the employees of providers currently delivering Welfare to Work contracts for DWP.

Over the past few weeks Providers have received communications via their Account Manager or Provision Management Division.

DWP will be sending out a data collection template to providers week commencing 20 September 2010.

If your organisation has not received any direct communications from DWP regarding TUPE or received a data collection template by 30 September 2010 in relation to the Work Programme and you think you should have done, as your contract/programmes will be affected by the implementation of the Work Programme, you should contact us immediately by e-mailing pmd.specialistcommercialteam@dwp.gsi.gov.uk with an e-mail titled 'Work Programme - TUPE', supplying the following information:

• Your Organisation Name (as it appears on your DWP contract)
• Your Name
• Postal Address
• Telephone Number
• E-mail address
• DWP Contract Number(s)
• Programmes/Provision Types that your organisation delivers (e.g. Gateway to Work, New Deal, etc)

On receipt of the information above, DWP will consider and communicate to you any potential TUPE implications which may exist.

Please note - DWP are unable to respond to, or offer guidance on any specific questions or circumstances regarding the implications of TUPE on your organisation.

For the avoidance of doubt, this note does not require action by providers who deliver Work Step, Work Preparation, or any programmes which have been replaced by the new Work Choice programme.