ACS Assessor Guide - Security Industry Authority

ACS Assessor GuideSection 4 – Criterion Specific Guidelines: Criteria 66.1 An SIA Approved Contractor can demonstrate that it manages its human resources through clear policies and procedures.6.1.8 A defined policy exists covering ‘Transfer of Undertakings’ which is implemented and communicatedClarification:Some organisations avoid TUPE transfer situations altogether and it is reasonable for theassessor to establish only that key staff members are conversant with the legal requirementsof TUPE.Larger organisations or those keen to expand through acquisition may have a Transfer ofUndertakings policy dependant on their strategy. Where no strategy exists then the assessorshould establish that key staff are conversant with TUPE. TUPE regulations apply:(a) when a business or undertaking, or part of one, is transferred to a new employer; or(b) when a “service provision change” takes place (for example, where a contractor takeson a contract to provide a service for a client from another contractor).These two circumstances are jointly categorised as “relevant transfers”.Assessors should establish that, where it loses contracts, the company provides informationrequired to the new contract holder for TUPE transfers quickly.If acquisition is part of the organisation’s strategy, policy and procedures should be in placeto handle such transfers.Further information can be obtained from the www.bis.gov.uk and from the Advisory,Conciliation and Arbitration Service (ACAS) at www.acas.org.ukRef: BS7858; BS7499; BS7984Good practice: The organisation may wish to monitor TUPE employees more closely during the initialperiod of their employment, to ensure a seamless transition. E.g. some companies use adifferent appraisal process initially to ensure any concerns or issues are picked up in atimely manner. Other companies file TUPE employee records in different coloured filesto distinguish them from existing employees and to enable more effective monitoring.Linkages with other Indicators:1.3.1 A plan for the business exists with a clear review schedule.2.4.4 All procedures are regularly reviewed.7.1.1 Leaders can demonstrate, relevant to sector, knowledge of the legislative framework,common law, working practice, and industry standards/codes of practice.7.3.1 Leaders have developed a set of high values or codes of ethics that are implementedthroughout the organisation.131The contents of this publication are copyright ©2013 Security Industry Authority, all rights reserved. No part of the contents may be reproduced or transmitted in any form, by any means without prior written permission of the copyright owner.