An Audit Commission spokesperson said, ‘Audit Commission staff will transfer to new employers under TUPE with all their contractual terms and conditions of employment protected. By law, their new employers will also have to provide a contributory pension scheme. All accrued pension rights up to the time of the transfer will also be fully protected.
The implications of Prospect’s demand for new employers to provide a higher level of pension contributions above the statutory requirement have been considered at length by the Audit Commission's Board, its Management Team and its Procurement Panel.
Board members do not receive Audit Commission pensions, as implied in Prospect's press release. The Board’s main aims were to ensure value for money for local public bodies, encourage market plurality and good value for the public purse. Our legal advice is clear that there is no requirement for the Commission to apply the Fair Deal policy.
The externalisation of the Commission's Audit Practice is already well underway. We understand the ballot of staff affected by the transfer, due to start on Monday, will determine whether or not staff are willing to take industrial action short of strike action. Prospect has said the aim of the industrial action is to persuade the Commission to reconsider its decision on pensions. However, the Commission is clear that the Board’s decision will not be reconsidered.’