Democracy Spraffa

5 ARA redesign TUPE

North Ayrshire Council · 4 November 2022
Back to Ayrshire Shared Services Committee — 4 November 2022 and its agenda

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AYRSHIRE SHARED SERVICE JOINT COMMITTEE
4 NOVEMBER 2022
Report by the Head of Ayrshire Roads Alliance
____________________________________________________________ 
SUBJECT: ARA TRANSFORMATION – TUPE ARRANGEMENTS
______________________________________________________________ 
PURPOSE OF REPORT 
1. The purpose of this report is to advise Joint Committee on the outcome of
negotiations with Trade Unions and employees on varying the terms of
conditions of service for the remaining SAC employees to EAC terms and
conditions, to align the service, enable greater service flexibility, and ensure
continued and appropriate workforce planning. 
RECOMMENDATIONS 
It is recommended that Joint Committee; 
(i) Agree not to progress with varying the terms of conditions of service
for the remaining SAC employees to EAC terms and conditions. 
(ii) Agree to carry out a further review in 2024 as part of Best Value
Service Review. 
(iii) Otherwise notes the contents of the report. 
BACKGROUND 
3. Ayrshire Roads Alliance delivers a wide range of services across East Ayrshire
and South Ayrshire under the strategic leadership of the Depute Chief Executive
(Communities and Economy). Services are frontline which focus on our
Communities, Roads Infrastructure and Transport Services. The Service is
currently led by the Head of Roads, Ayrshire Roads Alliance with 3 Strategic
Managers who are responsible for their respective service areas. 
• Business Support
• Traffic and Transportation
• Roads Maintenance
• Design and Environment
• Fleet Management 
4. Ayrshire Roads Alliance service redesign and transformation was approved by
Cabinet on 23 February 2021.The Council’s Transformation Strategy required
that Service Redesigns took account of the statutory duty of best value under the
Local Government in Scotland Act 2003. The Service Redesign, therefore, was 
completed with due consideration having been given to the best value

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characteristics, as well as the transformational design principles previously
agreed by Council to inform and shape service redesign across the Council. 
5. The Ayrshire Roads Alliance carried out workforce planning across all service
areas and identified ways to maximise the service under increasing budget
pressures.  Initially, this involved the alignment of certain job functions, reduction
in posts, flexible retirement options and amendments to certain job outlines to
enable a more flexible approach to service delivery.  
However, as we continued to look at workforce planning and our ability to adopt
a more flexible approach to service delivery, it was approved that we took steps
in accordance with established employment law practices and procedures to
vary the Terms and Conditions of Service of the remaining South Ayrshire
Council employees who transferred to Ayrshire Roads Alliance in 2014 under the
Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)
in order that they could be transferred to East Ayrshire Terms and Conditions
under Economic, Technical, and Organisational reasons (ETO).  This would
have enabled a more unified service, greater service flexibility, ensure
appropriate workforce planning, and alignment of payroll dates. 
MAIN ISSUES 
6. Consultation commenced with trade unions and employees during 2021/22 to
explore options to transfer 24 remaining TUPE SAC employees to East Ayrshire
Terms and conditions and equivalent pay grades. 
7. Clear options were identified and were put forward to trade unions as follows; 
• Complete transfer of employees to East Ayrshire terms and conditions
and equivalent salary for the relevant post. 
• Transfer to East Ayrshire terms and conditions and retain South Ayrshire
salary scale.
.
• Retain the current position. 
8. As part of the process Ayrshire Roads Alliance reviewed current salary scales
across both authorities and clearly identified that all 24 employees would be
subject to a level of detriment if full transfer was implemented. 
9. The level of detriment varied between £138 and £1796. 
10. Following discussions with the SAC TUPE employees some were willing to
agree to move over to East Ayrshire Terms and conditions and retain their
existing SAC salary, however, it was  established that the proposals had not
been accepted by all relevant employees. 
11. The Trade Unions were clear that they would not consider the option of
employees moving to East Ayrshire Terms and Conditions while retaining their
South Ayrshire salaries as this would breach TUPE regulations.

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12. In light of the financial detriment that the employees would face if the move to
East Ayrshire salaries was imposed, particularly given the current situation with
the cost of living crisis, Ayrshire Roads Alliance agreed with employees and
trade unions not to pursue any amendments to their terms and conditions or
salary., However, it was confirmed that the position would be reviewed again in
2024 as part of the next Best Value Review which also coincides with Ayrshire
Roads Alliance tenth anniversary.  It was also taken into account that the number
of employees remaining on SAC Terms and Conditions and salaries has reduced
steadily with a reduction of more than two thirds since 2014.  It, therefore, would
seem that there will be fewer employees who may be adversely impacted if the
review is carried out in 2024. 
POLICY/COMMUNITY PLANNING IMPLICATIONS 
13. The drive towards securing continuous improvement in delivering Council
services is a fundamental requirement placed upon Councils through the Local
Government Scotland Act, 2003.  Progress in relation to the matters covered in
this report demonstrates a continued commitment by the Council to deliver on
this requirement. 
14. A well maintained road network will contribute to achieving Community Plan
2015-30 objectives in relation to Economy and Environment by providing good
access to our communities and the wider road network; improve community
safety and help reduce road accidents. 
LEGAL IMPLICATIONS 
15. By virtue of the relevant statutory provisions principally detailed within the Roads
(Scotland) Act 1984, the Council as local roads authority is required to manage
and maintain all publicly adopted roads within its geographical area other than
those which are maintained and managed by the Scottish Ministers. 
Accordingly, the proposals detailed within this report are in compliance with the
discharge of the statutory responsibilities which are incumbent upon the Council
as local roads authority. 
16. There are no direct legal implications arising from this report.  Maintaining the
current position is still in accordance with TUPE legislation.  Any legal matters
arising from the outcome of individual reviews will be highlighted within the
relevant Joint Committee and Cabinet reports. 
HUMAN RESOURCES IMPLICATIONS 
17.  There will be no change to the Terms and Conditions or salaries of the
remaining employees who transferred from South Ayrshire Council in 2014 which
is still compliant with TUPE legislation. 
TRADE UNION IMPLICATIONS

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18.   As part of consultation with Trade Unions on the Ayrshire Roads Alliance
Service Redesign, it was agreed that the status quo would remain for the former
South Ayrshire employees who are still subject to TUPE arrangements at this
time. 
FINANCIAL IMPLICATIONS 
19. The cost of retaining the current salaries of the 24 former South Ayrshire
employees is approximately £33,500 per annum (including employer’s costs). 
As the cost of the difference in salaries has significantly reduced since 2014, is in
accordance with TUPE legislation and will avoid significant financial detriment for
employees, it is considered appropriate to continue to meet these costs from
South Ayrshire Councill Local Delivery. 
RISK MANAGEMENT IMPLICATIONS 
19. There is no risk implications. 
TRANSFORMATION 
20. This Transformational Service Redesign of the Ayrshire Roads Alliance supports
or links with all of the Transformation Workstreams: 
Work stream 2: Workforce Planning, Cultural Change and Service Re-design. 
This Report also aligns with the design principles stated in the
“Transformation Strategy 2017-2022” - “Maximum value for our communities”, by
ensuring Maximum value for our communities; by ensuring a well maintained
road network.   
EQUALITY IMPACT ASSESSMENT 
21. An Equality Impact Assessment screening of the proposals contained within this
report has not been undertaken 
NET ZERO IMPLICATIONS 
22. The are no implications 
Background Papers   Ayrshire Roads Alliance Service Redesign and
Transformation; Cabinet 23 February 2021 
Appendices   There are no appendices 
Person to contact: Kevin Braidwood, Head of Roads - Ayrshire Roads Alliance
Tel No. 01563 503164  
E-mail: Kevin.Braidwood@ayrshireroadsalliance.org 
Implementation officer: Kevin Braidwood, Head of Roads - Ayrshire Roads Alliance 
Tel No. 01563 503164  
E-mail: kevin.braidwood@ayrshireroadsalliance.org

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19 October 2022