Equality Bill [Lords]

I thank the hon. Lady. Amendments Nos. 23 and 24, tabled by my hon. Friend the Member for Hayes and Harlington (John McDonnell), are designed to protect the position of those who work for the existing commissions. We are aware that a transition of the type in prospect always gives rise to concerns and uncertainty among staff and we are committed to a well managed, open and transparent transition process in which staff are fully consulted. I can reassure my hon. Friend by confirming that it is our intention that the full protection of TUPE will apply to all staff of the existing three commissions. I also assure him that it is not our intention to transfer any staff to the new commission without the full protection of TUPE. We are working closely with employee representatives and senior management of the existing commissions to develop the most effective way forward in that and related matters. We have established a union forum to act as a consultative mechanism on the commission for equality and human rights between the commissions and recognised trade unions, with Government participation. The provisions of clause 39(5) will, in effect, safeguard the existing terms and conditions of those staff who transfer into the new commission and ensure that their period of employment continues with the new commission without being counted as a break in service for either employment or pension rights. I hope that that answers my hon. Friend’s specific question. TUPE applies to all contractual terms and conditions and includes an existing right to a redundancy payment. In addition to that statutory protection, it is Government policy to ensure that staff who transfer from one public sector organisation to another are no worse off as a result of that transfer. TUPE protection will also apply to staff transferring under a transfer scheme whenever they join the CEHR, whether that is before the new commission becomes operational—our target date is October 2007—or when the CRE folds in 2009, or any time in between. The amendment is therefore unnecessary.