This chapter examines the legal protections afforded to workers who transfer from one employer to another — usually from the public sector to the private sector — during the government contracting process. The argument is that workers' legitimate expectations about their terms and conditions of employment should be protected during and after the contracting process, provided that this does not impose unreasonable burdens on the contractor. The chapter offers a critical examination of the protection afforded to workers in contracting situations by the law and government guidance on transfers of undertakings, and the law on employment discrimination. It also considers the potential role of public bodies' statutory duties to promote equality.
Keywords: transfer of undertakings, employment, discrimination, equality