Welsh Government consultation: draft Workforce Code

The Welsh Government is asking for views on a new Workforce Code for outsourced public services in Wales. The Code is required under the Social Partnership and Public Procurement (Wales) Act 2023 and would replace the 2014 guidance.

The draft Code sets out how staff should be treated when services are outsourced, re-tendered, or brought back in-house. It covers:

• Job security – applying TUPE principles so staff aren’t disadvantaged when contracts change hands.
• Pensions – ensuring staff keep fair pension rights under Fair Deal 2013 and the Welsh Pensions Direction 2022.
• Fair terms – making sure new joiners and other staff aren’t put on worse conditions than transferred staff.
• Subcontracts – building workforce protections into the whole supply chain.
• Union consultation – requiring meaningful dialogue with recognised trade unions.
• Insourcing – asking public bodies to consider bringing services back in-house before re-tendering.

The consultation runs until 3 December 2025. Anyone with an interest in public services in Wales – employers, workers, unions, and community partners – can respond. We will be taking a look at this and sharing our experience of TUPE and procurement for small community businesses engaged in public services.

You can find a copy of the consultation document and the survey to respond here