SIA Approved Contractor Scheme - TUPE transfer
Published 9 February 2021
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1. Request
Under the SIA Approved Contractor Scheme, does a new employer have to re-vet all its security staff after a TUPE transfer?
2. Response
The ACS standard requires an organisation to have an effective recruitment policy and that the organisation works to BS7858 or industry sector equivalent for screening individuals.
BS7858 recommends an organisation that acquires an undertaking from another company and the operations are such as to require screening for part or all the transferring business or undertaking, the screening of all relevant individuals in the transferring business or undertaking should be reviewed.
Where an employee liability information (ELI) document is provided by the transferring organisation and meets the recommendations of BS7858, this may be used as confirmation of employment. If it cannot be proved from records that screening to BS7858 has already taken place for any member of staff in relevant employment, screening should be undertaken, beginning on the date of acquisition or transfer of the business or undertaking. Any previously unscreened employee who, because of the acquisition or transfer, is employed in a position requiring screening should also be screened to BS7858.
Where retrospective screening shows transferred employees, who are unable to meet the recommendations of BS7858, attention is drawn to the Employment Rights Act 1996. This means for example employment rights must always be adhered to. For example, if the screening process cannot be completed it does not automatically follow that employment should end.
Data protection legislation and the Transfer of Undertakings (Protection of Employment) Regulations 2006 must also be adhered to e.g., employees existing terms and conditions of employment should be safeguarded, and an individual must give consent to their employer before they begin processing personal sensitive information, such as verifying details on a job application form. This means if an employee’s terms and conditions of employment are not conditional that BS7858 is completed, then this requirement (to be screened to BS7858) cannot be introduced without agreement. Nor can screening begin without the individual’s consent.
[Reference: FOI 0238]