We are committed to ensuring that it procurement activities reflect the Council's approach to equality and fulfil the Council's duty of 'Best Value'.
We aim to fulfil the above stated objectives by:
We will encourage and promote on a case by case basis all employees of contractors and sub-contractors working on a qualifying Council contract (as set out below) to be on fair employment terms and conditions in line with good practice.
In these circumstances we will ask potential contractors the extent to which they will be prepared to adopt fair employment measures for any work they do as part of a Council contract.
On a case by case basis, we will consider how it exercises its value for money judgement in its contractual arrangements. A typical fair employment clause which may be inserted into a qualifying contract post the value for money judgement may be as follows:
(a) 'Each employee of the contractor who is at any time engaged in (the contract of work) shall be employed by the contractor at that time on terms and conditions of service which are then considered as a whole, no less favourable to that employee, than the terms and conditions of service which the Council would at that time afford an employee (employed in equivalent work, or of equivalent seniority)'.
(b) For the purposes of a) the phrase terms and conditions of service shall include but shall not be limited to, all provisions relating to salary, benefits, entitlements, hours of work, holiday rights and pension rights'.
The qualifying contracts are:
A service contract is where the Council engages a person or a body to provide it with a service, for example, cleaning services, catering services.
A qualifying service contract will involve an employee of the contractor being on the Council's premises or in contact with its staff for two or more hours per week for twelve or more consecutive weeks in the year and there must be evidence of equivalent employees for the purposes of comparison.
A Works Contract is usually one where the Council procures a contractor to carry out work on its behalf as opposed to services. For example, we may contract with a contractor to build a sports pavilion or a Guild Hall.
A qualifying works contract is:
Where the Council is lawfully entitled to consider a 'non-commercial' matter in its procurement processes, i.e. the terms and conditions of employment by contractors of their workers, the Council will ensure that this does not conflict with its duties under the European law of the need to ensure transparency, openness and non-discrimination.
All Executive Members will be advised of qualifying contracts in their area of responsibility in advance of procurement.
In the event that the policy is not to apply to a qualifying contract authority will be sought from Cabinet in advance of any contract award with relevant justifications.
This Policy will be reviewed bi-annually by the Executive Member for Resources.
Monitoring of the policy as required in individual situations will be the responsibility of the individual contract manager and the decision making body.