TUPE Notification on Employment Measures for Capita's Acquisition of Liberata Employees

Example of a TUPE Notification on Measures

Employment contract and Incorporation Issues Example of a TUPE notification on measures etc TUPE Measures proposed by Capita in respect of transferring Liberata employees. As required under the TUPE Regulations, I am writing to advise you of the proposed measures that will occur in connection with the transfer to Capita Business Services Limited on the 5th J anuary 2009. Capita will transfer existing Liberata Limited terms and conditions of employment with the exception of: Employee Handbooks All previous employee handbooks will be replaced by the Capita Employee Handbook, Your Guide to Capita', which will form the basis of employment with Capita Business Services Limited. Upon transfer, Capita policies/guidelines will be used in respect of: Policies and Procedures: Disciplinary and Grievance procedures These will be replaced by Capita's Disciplinary and Grievance Procedures. Please refer to the employee handbook. Employee Capability policy and procedure Capita's arrangements will apply. Please refer to the Disciplinary policy and Performance Improvement Plan. Dignity at Work This will be replaced by Capita's Anti-Harassment and Bullying procedures. Please refer to The Open Door policy for Grievance and Anti Harassment and Bullying sections of the handbook. Performance Appraisal policy and procedure Capita's Performance Framework will be implemented. Please refer to Performance Management in the accompanying Handbook. Current pay review arrangements will continue. Absence and Attendance policy and procedures Sickness pay entitlements will remain unchanged; however Capita's Absence Management procedures will be followed. Equal Opportunity policy and procedure Capita's Equal Opportunities and Diversity policy and procedure will be followed. Please refer to the Equal Opportunities and Diversity section of the handbook. Maternity, Adoption, Paternity and Parental Leave Procedures Enhanced pay entitlement will remain unchanged; however Capita's procedures will apply in relation to Maternity, Adoption, Paternity and Parental Leave. Drugs, Alcohol and Substance Abuse policy and procedure Capita's Alcohol and Drugs procedures will be followed. Please refer to the Health and Safety section of the accompanying Handbook. Expenses (subsistence) policy Capita's policy and procedure will be followed, please refer to Additional Information, Expenses and Travel sections of the handbook. Bereavement I Compassionate Leave Capita's process and procedure will apply. Dependants' Leave Policy and Procedure Capita's Time of for Dependants procedure will apply. Leave for Religious Observance (as per Holiday policy) Capita's approach will apply. Health and Safety Capita's policies and procedures will be followed, this includes the Capita provision for DSE eye tests and spectacles for DSE use. Fraud policy and procedure This will be replaced by Capita's policy, please see the Security and Confidentiality section of the handbook. Whistleblowing policy and procedure Capita's Whistleblowing policy will apply. Flexible Working policy and procedure Outside of all current arrangements that are in place and are transferring, Capita's flexible working policy will replace the current Liberata policy and arrangements. Data Protection policy and procedure These will be replaced by Capita's policies. Please see the Security and Confidentiality and Data Protection sections of the staff handbook. Restriction of Activities Staff transferring to Capita will be able to carry out any political activities as any other citizen. Professional and Academic Training policy/MBA policy and procedure Capita's Training Framework "Impact" will replace the Training and Development opportunities offered by Liberata. Capita policies in relation to study leave, membership of professional bodies and qualification training will be applicable. Any existing arrangements that are in place at the point of transfer will be honoured. Bonus Schemes - Capita's approach to discretionary bonuses will apply post transfer Car Scheme Policy Those who currently have a company car or allowance will continue to have that entitlement. Car allowances will transfer at the current rate for a period of three years at which date they will be reviewed. Cars will be replaced on expiration of the lease. Capita's car policy will apply. n Mileage Rates At the point of transfer, Capita's business mileage rates will be applied. For employees using their own car, currently, the first 10,000 business miles are paid at a rate of 40p per mile, 25p per mile thereafter. Employees using their own cars for business mileage must ensure that their cars are adequately insured for business (Class 2) and private use and are properly maintained and road-worthy at all times. For employees eligible for a car/car allowance, Capita's business mileage rates will be applied, in line with HMRC rates. n Recruitment and Selection policy and procedure Capita's approach will apply. n Time off for Public Duties policy and procedure Capita's approach will apply. Smoking at Work policy and procedure Capita's policy will apply. Gifts Capita's policy will apply. Employee Introduction Bonus Scheme Ongoing payment plans will continue. No bonuses will be awarded for referrals post transfer.

Council Tax Deductions Employees will be able to continue to pay their council tax via Capita's payroll for the current council tax year. From the new tax year (April 09) employees will need to make alternative arrangements. Season Ticket Loan policy Capita's arrangements will apply. Relocation Capita's policy to apply Retirement policy and procedure - Capita's procedures will be followed, please refer to the Employee Handbook. Dress Code Capita's approach will apply, in line with what is required for the workplace and the work undertaken. Employees must be clean, tidy and with good personal hygiene. Please refer to the Employee handbook. Special Leave Capita's policy will be followed. Please refer to the Working hours and leave sections of the handbook. Mobile Telephone policy and procedure - Capita will provide those employees who require a mobile phone/internet access where there is a business need. Capita's Phone Policy will apply. Employee Assistance Programme This scheme will not transfer and Capita's approach in line with the open door policy supported by occupational health services through Capita Health Solutions will apply. Any transferring employee currently using the existing Employee Assistance Programme will be able to complete any counselling that they are undertaking up until March 2009. Terms: Pay Date Staff will be paid on the 27th o f each month or the preceding working day where this is a weekend or Bank Holiday and circa 201' December. Job Security There is a no compulsory redundancy clause in the commercial contract affecting this group of staff. Future Arrangements for Benefits: Personal Accident Insurance Transferring employees will benefit from Capita Group Personal Accident Insurance cover whilst on company business Business Travel Insurance - Transferring employees will benefit from Capita Travel Insurance cover whilst on company business. Pension Scheme Broadly Comparable Pension schemes have been offered to transferring employees. Long Term Disability (LTD) Scheme - Those who are currently eligible to the LTD Scheme will transfer to Capita's equivalent PHI scheme. Those currently absent and claiming will continue to receive benefit. Discount Schemes All employees will be eligible to access 'Capita Value' - a wide range of discounted goods and services. Included within the range are discounts on household equipment, cinema tickets, family attractions, CDs, travel, hotels, magazines and health club memberships. Capita Share Schemes - Capita operates two Share Plans, 'Sharesave' and 'Capita Share Ownership Plan' (CSOP). Both schemes will be open to transferring permanent employees. Dental Insurance All transferring staff will be eligible to join the Capita RSA Dental Plan at anytime of the year. HealthCare Cash Plan All transferring employees will be eligible to join the Capita HSA Healthcare cash plan at anytime of the year. Childcare Vouchers Capita's childcare vouchers scheme provided through Fideliti will be replace the current scheme and will be available to all staff post transfer. Staff may contribute up to the agreed Inland Revenue salary sacrifice limit. GAYE- Capita's arrangements will be available to employees. Sports Club/Shop Steward deductions via payroll These will cease on transfer. Parking - Current arrangements will continue. Capita will set up deductions through payroll for those parking spaces that are currently paid for by cheque

For completeness, I outline below those terms and conditions that will transfer without change: Continuous Service Annual Leave Entitlement Salary Salary Review Date Salary Protection as a result of Job Evaluation Grading structure Outstanding pay awards Hours of work Mobility Restrictive covenants Notice periods Probationary periods Overtime Market Forces supplements Call out/Standby payments Shifts and Shift pay Sick Pay entitlement Flexi-time Current flexible working arrangements, including home working Maternity and adoption leave entitlements and pay Paternity leave entitlements and pay Parental leave entitlements and pay Redundancy payment provision will transfer Life Assurance multiple of four times salary Normal Retirement age Private healthcare contractual entitlement Westfield health cash plan current members will be able to continue to make deductions via payroll Free vending/trolley service