Procurement Code of Practice Workforce Matters and Equalities
Draft IV February 2004
Contents
1.
INTRODUCTION
2.
CONTRACT PROCEDURES
3.
WORKFORCE MATTERS
4.
EQUALITIES
APPENDIX 1 - Standard Pre-Qualification Questionnaire
Questions
APPENDIX 2 - Example Clauses
APPENDIX 3 - Code of practice on workforce matters in local authority service
contracts
APPENDIX 4 - Provision of Information by Luton Borough Council
to Bidders
APPENDIX 5 - Provision of Information from Bidders on their Intentions
for the Workforce
APPENDIX 6 - Bidders’ Past Performance on Workforce Matters
APPENDIX 7 - Post Transfer Reporting on Workforce Matters
APPENDIX 8 - Useful Information
APPENDIX 9 - Contract Officer Checklist
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1.
INTRODUCTION
1.1
Best value requires the Council to review services and choose the option that
delivers services at best value with continuous improvement. In some cases
this may lead to services being provided by external providers. Whether or not
this is the case the Council is committed to providing the highest quality of
service.
1.2
The Council recognises that skilled and well-motivated workforces deliver high
quality services and that the active support and participation of the workforce
is vital to achieving success in Best Value. The Council will consult and
involve the recognised trade unions throughout the Best Value Service
Review process in line with its statutory obligations
1.3
Where an external provider is chosen to deliver a service, the Council will
make the decision on the basis of Best Value and an appropriate level of
service and not in order to drive down the terms and conditions of employees.
The Council will ensure that the quality of the workforce transferred to a
provider is enhanced and not undermined during the lifetime of the contract as
required by the ODPM Circular 03/2003 Best Value and Service
Improvement.
1.4
Where possible the Council will streamline the handling of Equalities Issues
into all procurement procedures. Internal Procurement Training programmes
cover Equalities Issues and all staff with contract management responsibilities
are encouraged to attend. It is the responsibility of departments to ensure that
staff receive this training. Specific training requirements can be discussed with
Departmental Equalities and Training Officers and/or the Corporate Equalities
and Procurement units.
1.5
This Code of Practice (COP) is produced to assist compliance with UK
domestic legislation, EU legislation and the Government Code of practice on
workforce matters in local authority service contracts (set out in Appendix 3
and hereafter called "the Government Code") and is laid out into three parts.
The first part sets out where and how workforce matters and equalities issues
can be included in the contract procedure. The second and third parts outline
the main areas of workforce matters and the main equalities issues to be
considered when procuring works, supplies and services for the Council.
1.6
This COP aims to provide a clear set of guidelines for understanding
workforce matters and equalities issues when producing user requirements
and evaluation criteria for the purchase of works or supplies and services. In
particular it covers the application of the Transfer of Undertakings (Protection
of Employment) Regulations 1981 (TUPE). The Council will ensure that all
parties are aware of their statutory obligations to consult recognised trade
unions. This COP has been developed to support the Equalities Action Plan.
For further information on the Action Plan contact the Equalities Unit
1.7
All parties involved are advised to seek advice from their departmental H R
team on the application of TUPE and the legal obligations this places upon
them. Officers responsible for a procurement exercise, which may involve
TUPE, should also discuss the pension implications of outsourcing staff with
the Exchequer Services Manager. This should be done when first considering
drawing up a tender specification
2.
CONTRACT PROCEDURES
2.1
Pre-qualification
Pre-qualification allows potential bidders to be assessed on their suitability and
general competence. Those that are unsuitable can be rejected and a selection can
be made from the best of those that do meet the minimum standard.
Any bidder who has broken the law or has been found guilty of misconduct may be
excluded from the tender process.
Therefore bidders should be assessed on workforce matters and equalities issues at
this pre-qualification stage. Areas, which can be assessed in relation to equalities,
include: 
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The last three years experience/track record in providing similar services
including any liquidated damages awarded against the organisation
Average annual staffing and turnover (previous three years)
Staff details including qualifications and training for those involved in
service provision
TUPE track record where relevant or their understanding of the process
they will follow.
Quality issues including accreditation, procedures (including HR
procedures) and documentation where relevant to service delivery
Details of convictions for criminal offences or of any acts of misconduct.
Details of any remedial action should also be included
Details of any breach of employment protection legislation, health and
safety legislation and equalities legislation over the last three years with
any remedial action undertaken and details of any awards and settlements
Details of any non-compliance with the Government Code and any
remedial action taken
Standard Pre-qualification questions can be found in APPENDIX 1
2.2
Specification
To attract bidders with suitable staff management practices the appropriate level of
quality should be written into the specification. For the bidder to achieve satisfactory
performance of the contract they will have to recruit and maintain a skilled and wellmotivated workforce.
To enable bidders to innovate, requirements should as far as possible be specified in
terms of outputs and performance.
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If national standards, schemes or brand names are to be used the term "or
equivalent" should be used so that EU rules are not broken. Care should also be
given to not specifying requirements that are unnecessary or commercially
unrealistic as this may deter some prospective bidders who may be unable to meet
them (e.g. small firms, voluntary organisations etc)
2.3
Contract terms and conditions
Where a service is to be outsourced or there is a subsequent transfer of an
outsourced service there should be a condition in the contract ensuring that the
contractor abides by the Government Code.
The contract shall also include a provision for resolving disputes about the
application of the Government Code through 'alternative dispute resolution' (ADR) as
an alternative to litigation. The employers, CBI and TUC have agreed an approved
ADR involving ACAS and this should be the preferred option, the Corporate
Procurement Unit can provide information on appropriate ADR mechanisms.
2.4
Invitation to tender
Details of the information that bidders need to include in their tender should be set
out in the invitation letter or an annex to it (Appendix 5). This information should as
appropriate include: 
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
A transition plan for taking on staff under TUPE
Training and development plans
Specific service and quality issues
If the Council is the existing service provider and employer a review of the existing
skills of the workforce should be carried out. If the skills of the workforce are not
appropriate to the contract, requirements for additional skills should be included in
the invitation to tender.
2.5
Tender evaluation
The approach taken on workforce matters and equalities will depend on the service
to be provided.
Where workforce matters and equalities issues are part of the evaluation process
they can only be used as a means of clarifying clearly expressed requirements set
out in the service specification that relate directly to the nature of the service in
question.
Only the bidding company and not the parent company should be evaluated.
All bidders should be offered a debriefing after the evaluation has taken place. Areas
where they were unsuccessful and what they need to do to be successful next time
should be highlighted. This will improve the market for successive contracts.
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2.6
Contract Management/Monitoring
Monitoring of workforce matters should be limited to those that are relevant to the
performance of the contract. The main areas to monitor in relation to workforce
matters and equalities issues are service delivery, workforce composition, sickness
absence, health and safety reporting, discipline and grievance and tribunal
applications.
The monitoring should be mainstreamed into normal reporting mechanisms to avoid
extra and unnecessary work. The monitoring should also be appropriate to the
nature of the contract (i.e. length, size and type). The monitoring should be
consistent whether the service is provided internally or externally. Feed back to the
service provider on the outcome of monitoring must be prompt and specific.
Performance information about a contractor must be regarded as confidential and
never passed to other candidates.
An invitation should be extended to Trade Unions to be involved in the reporting
mechanism.
2.7
Enforcement
The council will enforce the obligations on the contractor relating to the Government
Code that are created by the Council's contract.
In the first instance employees, recognised trade unions, and employee
representatives should seek to resolve any complaints they have about how the
obligations under the Government Code are being met directly with the contractor.
Where it appears to the council that the contractor is not meeting its obligations
under the Government Code or where an employee or a recognised trade union
writes to the council to say that it is unable to resolve a complaint directly with the
contractor, the council will first seek an explanation from the contractor via the
contract manager or on site representative. If the response is deemed to be
satisfactory the Council will respond to the complainant informing them of this. If
however the response is unsatisfactory the Council will ask the contractor to take
immediate remedial action. If the contractor does not comply with this request the
council will enforce the terms of the contract. See para 2.3 re Alternative Dispute
Resolution mechanisms in the contract conditions
Where a contractor has not complied with the Government Code or the contract the
Council is not bound to consider them for future work.
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3.
WORKFORCE MATTERS
3.1
Health and Safety
It is important that service delivery on behalf of the Council by contractors is carried
out without undue risk to service users and the contractor's employees and any other
person affected by their activities.
The Corporate Health and Safety Team must be involved in evaluating tenderers
Health and Safety Policies against the corporate standards.
The Health and Safety at Work Act 1974 places a statutory duty on the Council with
regard to the health and safety of its employees and others affected by its
undertaking. The duty cannot be delegated even where the undertaking is contracted
out.
Key principles are: 
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3.2
Ensure contractors have appropriate levels of Health and Safety policies
and procedures and that they meet current health and safety legislation,
including the Construction Design and Management Regulations where
appropriate.
Ensure that only contractors (and nominated sub-contractors) who have
satisfactorily met the Council's Health and Safety criteria are used.
Ensure that suitable and sufficient Project Risk Assessments and method
statements are completed.
Ensure that all contracts include an appropriate clause on health and
safety.
Ensure that the contractor’s performance is monitored whilst work is in
progress.
Ensure that accidents or incidents occurring are reported in line with the
Council’s Health and Safety Policy, in compliance with the Reporting of
Injuries, Diseases, and Dangerous Occurrences Regulations 1995.
The main contractor must be responsible for ensuring the sub-contractor is
aware of these provisions.
Trade Union Recognition
The Council recognises the trade unions as representatives of its employees and all
contractors (and sub contractors as appropriate) working for the Council are
expected to recognise the trade unions for collective bargaining, consultation and
representation, and facilitate trade union access to their staff (both transferred and
new joiners).
3.3
TUPE - Transfer of Undertakings (Protection of Employment)
Regulations 1981
The Council takes a positive attitude to TUPE. Ultimately it's for the courts to
determine whether TUPE applies, but in the interests of mutual commercial certainty
and the more cost-effective management of inherent risks and in the light of
government policy we are taking this stance. The Council will conduct all its
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contracting and public/private partnerships on the basis that TUPE will apply unless
there are genuinely exceptional reasons for it not to (as set out in the Cabinet
Office's "Statement of Practice on Staff Transfers in the Public Sector") i.e.: 
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Where a contract is for the provision of both goods and services, but the
provision of services is ancillary in purpose to the provision of goods; or
Where the activity for which the Council is contracting is a new or a one off
project: or
Where services or goods are essentially a commodity bought "off the
shelf" and no grouping of staff are specifically and permanently assigned a
common task: or
Where the features of the service or function subject to the contracting
exercise are significantly different from the features of the function
previously performed by the Council, or by an existing contractor.
Under Section 101 of the Local Government Act 2002 that the appropriate person
who is the Secretary of State may give appropriate directions in relation to TUPE
transfers. It is envisaged that these appropriate directions will follow the Statement
of Practice on Staff Transfers referred to above
NB. Where staff do not transfer and TUPE does not apply the Council should, in the
case of first generation contracts, identify as soon as possible with the contractor any
staff that will be taken on by the contractor voluntarily and by mutual consent. Where
possible the staff remaining should be redeployed. The costs of redeployments and
redundancies must be taken into account when evaluating the bid.
All bids made on a non-TUPE basis when there are no exceptional reasons will not
be considered.
All invitations to tender will specify what staff are to transfer with accurate and timely
information on the numbers, composition and terms and conditions of employees to
be transferred (APPENDIX 4).
If staff are to transfer, at the earliest stage staff and recognised unions will be
informed in writing of the intention that staff will transfer (and where possible when it
will take place) and that TUPE applies.
In all cases it is of the utmost importance that bidders can demonstrate their ability to
understand and manage their responsibilities under TUPE (APPENDIX 5)
Where TUPE does not apply in strict legal terms, the principles of TUPE should be
followed and the staff involved should so far as legally and practically possible be
treated no less favourably than had the regulations applied.
Further guidance on TUPE can be found at: The Office of the Deputy Prime Minister - www.local-regions.odpm.gov.uk
Or - http://www.cabinet-office.gov.uk/civilservice/2000/tupe/stafftransfers.pdf
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3.3.1 Pensions and TUPE
There are two main issues relating to the protection of pensions in staff transfer: 1. To ensure continuity of pension accrual where the transferred staff leave the
Local Government Pension Scheme (LGPS) they should be offered
membership to an alternative scheme by the new employer which is
actuarially certified as being 'broadly comparable' with the LGPS. An
alternative for employees who are members of the LGPS is for the new
employer, if they wish, to seek 'non-associated employer' status within the
LGPS, so that staff continue to have access to that pension scheme for
future service.
2. There should be a 'bulk transfer' agreement with the new employer's
pension scheme providing that staff will be able to transfer their accrued
service credits into that scheme on a day-for-day, or equivalent, basis.
Further guidance on this can be found in APPENDIX 3, 4 and 6 and from the
Exchequer Services Manager
Or at www.gad.gov.uk - government's actuary department
3.3.2 Terms and Conditions and TUPE
In broad terms TUPE legislation protects employees' jobs, terms and conditions
(except occupational pension arrangements) when the business in which they work
is transferred from one employer to another.
Employment with the new employer is treated as continuous from the date of the
employee's start with the first employer.
3.3.3 New joiners
Where a contractor recruits new staff to work on a contract alongside staff
transferred from the Council, it will offer employment on terms and conditions, which
are overall no less favourable than those of the transferred employees. No less
favourable shall be taken to mean the same terms and conditions, or any such
variations that have been negotiated and agreed.
The contractor will also offer new recruits one of the following pension provision
arrangements: 

Membership of the local government pension scheme, where the employer
has admitted body status within the scheme and makes the requisite
contributions.
membership of a good quality employer pension scheme, either being a
contracted out, final-salary based defined benefit scheme, or a defined
contribution scheme. For defined contribution schemes the employer must
match employee contributions up to 6%, although either could pay more if
they wished.
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
a stakeholder pension scheme, under which the employer will match
employee contributions up to 6%, although either could pay more if they
wished.
3.3.4 Second and Subsequent Transfers
When the Council re-tenders a contract then, except in exceptional circumstances or
where the current contractor is successful, staff working on the contract will transfer
and TUPE will apply.
In these cases the incumbent contractor/supplier should be required (under existing
contract) to provide full TUPE information.
3.3.5 Sub-contractors
Where the primary contractor to provide services to the Council transfers staff
originally in the employ of the Council to a sub-contractor, the primary contractor will
be responsible for observance of the Government Code by the sub-contractor.
3.4
HR Practices
The Council recognises that a well-motivated and skilled workforce delivers quality
services. Therefore it is important that contractors have appropriate HR practices in
place to ensure this. Such as: 
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Training and development programmes
Dispute procedures e.g. Disciplinary and grievance procedures
Sickness policies and procedures
Harassment /Bullying policy
Equality policy
Code of Conduct
Health and Safety
Contractors should be encouraged to participate in joint training programmes where
the Council has developed them.
One way of assuring appropriate systems is to look for a recognised standard such
as Investors in People (IiP) or equivalent.
4.
EQUALITIES
Contractors used by the Council are required to comply with the Council’s Equalities
Policy as well as current legislation in providing contracted services and in the
employment of staff.
The Council Policy refers to Black and minority ethnic people, women, disabled
people, older and younger people, gay, lesbian, bisexual and transgender people,
religion and belief and will incorporate people with HIV/Aids and long-term illness.
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The Council's performance on the Equalities Policy will be monitored against the
Generic Equality Standard. The Council should therefore support contractors in
developing their own Equal Opportunities Employment Policies and practices with
performance standards written into contracts.
One way in which this can be achieved is to include standard clauses in contract
specifications or in the form of the contract (Examples can be found in APPENDIX
2).
Questions you should ask in relation to this are: 
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4.1
Are equalities fundamental to the delivery of the service/product?
Has the supplier ever been found to have breached equal opportunities
legislation?
Does the supplier have an equalities policy? If not is there anything that
can be done to encourage them to implement one?
What training is available to ensure that all employees understand their
rights and responsibilities in relation to the equalities policy?
What arrangements are in place for workforce monitoring?
Have there been any complaints about the supplier? If so how many and
how serious? And is it appropriate for the Council to work with or to
continue working with the contractor/supplier?
In what media should adverts for Council work be placed to ensure they
reach the widest/target audience? Does the contractor/supplier advertise
in these media?
Race Equality
The Race Relations Act 1976, as amended by the Race Relations (Amendment) Act
2000 (RRAA), makes it unlawful to discriminate against anyone on grounds of race,
colour, nationality (including citizenship), or ethnic or national origin.
The procurement activities of the council will be assessed for their transparency, how
they support the mainstreaming of race equality, their legality and how they define
roles and responsibilities.
When race equality is a core requirement in a contract it will influence decision
making at each stage of the procurement process. It is likely that equalities will be a
core requirement in service contracts that interface with the citizens we serve e.g.
meals on wheels, social care, transport etc
Questions you may wish to ask are
 What is to be provided under the contract
 Is the provision of the goods, services or works likely to affect our ability to
meet our duty to promote race equality
 Is the provision of the goods, services or works one of the areas we have
assessed as being relevant to meeting the duty?
 Is it therefore necessary to include requirements for promoting equality in the
contract?
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If the answer is yes what race equality requirements will need to be included?
While race equality will probably be relevant in most contracts for services you need
to assess its relevance in respect of goods and works contracts
The Council has a general statutory duty to ensure that their functions are carried out
with due regard to the need to eliminate unlawful discrimination and to promote
equality of opportunity, and good relations, between persons of different racial
groups. In particular, the Council should consider: 
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Services provided under contract or agreement;
Contractor’s Equal Opportunities Policies and practices;
Contract opportunities for businesses owned or run by people from ethnic
minorities
[Race Relations [Amendment] Act 2000[RRAA], The Duty to Promote Race Equality,
A guide for Public Authorities, section 5, p67]
Therefore, contracts for services should specify
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How the service will be provided without racial discrimination
The monitoring information the Council will require to ensure compliance
with the RRAA.
(See Appendix 2)
It should be made clear to the contractor that such clauses are added to ensure the
Council is complying with the RRAA and/or other relevant legislation.
The procurement function of the Council will be assessed for adverse impact on
organisations, or firms run by people from Black and Minority Ethnic [BME]
communities. A BME business is defined as a business where at least 51% of the
proprietors were from black or minority ethnic groups.
Questions you may wish to ask are: 
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Is there a race equality scheme in place?
Can culturally specific services be provided?
Do harassment polices specifically cover racial harassment?
Is there staff training to ensure that staff are aware of their rights and
responsibilities in relation to the race equality policy?
What arrangements are in place for monitoring the ethnic composition of
the workforce?
What arrangements are in place to ensure that consultation on service
design and delivery is non-discriminatory?
How will adverse findings from monitoring returns be dealt with?
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Further information can be found at: www.cre.gov.uk - Commission for Racial Equality website. Offers information and
advice on race equality.
www.ethnicbusiness.org - Ethnic Minority Business Forum website
www.change-construction.org - Change the face of construction is an independent
project dedicated to encouraging greater diversity across all sectors of the
construction industry.
4.2
Sex Equality
4.2.1 The Sex Discrimination Act 1975 as amended
The Sex Discrimination Act (SDA) 1975 as amended prohibits discrimination against
men, as well as against women. It also requires that married people should not be
treated less favourably than single people of the same sex.
The primary responsibility at law rests with each employer to ensure that there is no
unlawful discrimination. It is important, however, that measures to eliminate
discrimination or promote equality of opportunity should be understood and
supported by all employees.
The SDA prohibits sex discrimination in the provision of goods, facilities and services
to the public. The Act applies to all organisations that provide goods, facilities and
services to the public or a section of the public, whether for payment or free of
charge.
Questions you may wish to ask are: 
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Has the EOC code of practice on eliminating sex discrimination been
adopted?
What arrangements are in place for monitoring the composition of gender
in the workforce?
How is gender equality mainstreamed into policy decisions?
What arrangements are in place to ensure that the service is fully
accessible to both women and men?
What arrangements are in place to ensure that consultation on service
design and delivery is non-discriminatory?
How is equality between men and women promoted in the workforce?
Has the service provider established a procedure for dealing with
complaints of sexual harassment, which covers both the employee and the
customer?
4.2.2 Equal Pay Act (EPA) 1970 as amended
Equal pay law is meant to help ensure women and men in the same employment are
treated equally in pay and other contractual terms and conditions of employment.
"Pay" has a wide definition and includes basic salary and other pay benefits, such as
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occupational pensions, holiday pay, sick pay and shift pay.
Equal pay law in Britain is set out in the Equal Pay Act (EPA) 1970 as amended.
European Union law also covers equal pay. Article 141 of the Treaty of Amsterdam
requires that women and men should receive equal pay for equal work.
Under the EPA employees may claim equal pay with colleagues of the opposite sex
where they are in the same employment and are doing: 
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Work which is the same or broadly similar (known as "like work")
Work rated as equivalent under an analytical job evaluation scheme
Work which is different but which is of equal value in terms of the demands of
the jobs
As well as meeting the legal requirements, there are sound business reasons for
implementing equal pay. Transparent pay systems, which value the entire workforce,
send positive messages about an organisation's values and way of working. This
aids the motivation of its workforce.
The Equal Opportunities Commission (EOC) Code of Practice on Equal Pay
recommends that employers should: 

adopt and implement an equal pay policy
carry out a review of the pay system
Questions you may wish to ask are: 
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Has a thorough analysis of pay systems been carried out?
What pay systems are in place?
Are they non-discriminatory and transparent?
Are they based on a job evaluation process that is non-discriminatory?
Has the EOC code of practice on equal pay been adopted?
Further information can be found at www.eoc.org.uk - The Equal Opportunities
Commission website
4.3
Disability
The Disability Discrimination Act 1995 (DDA) provides protection against unfair
discrimination in areas such as employment, and access to goods and services
The law says there are two ways that employers can unlawfully discriminate against
a disabled employee or job applicant (This also applies to service users). These are:


by treating them less favourably – without justification - because of their
disability
or by not making reasonable adjustments because of their disability, once
again without justification
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Therefore contractors/suppliers should be asked to provide evidence of how disabled
people will be catered for within a contract both as service users and employees.
The Disability Rights Commission (DRC) published a revised Code of Practice on
rights of access to goods, facilities, services and premises for disabled people. This
statutory Code, agreed by Parliament, provides detailed advice on the way the law
should work, together with practical examples and tips. Its status means it must be
referred to for guidance in court when deciding on DDA Part III cases. This can be
found at www.drc.org.
Questions you may wish to ask are: 
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Has the code of practice on Disability been adopted?
Is monitoring of equality for disabled staff monitored? and if so, how?
Are disabled people consulted about service provision? And if so, how?
Are physical environments adjusted to facilitate access by disabled
people?
Further guidance on disability issues can be found at: www.disability.gov.uk - Government website offering information and advice on
disability issues.
www.radar.org.uk - Royal Association for Disability and Rehabilitation. Gives advice
to employers and employees on all aspects of disability
4.4
Sexual Orientation
The Department for Trade and Industry has published its long-awaited proposals –
Towards Equality and Diversity – for implementing the EU Directive on Equal
Treatment in Employment and Occupation.
The new legislation will prohibit discrimination in the work place on a number of new
grounds including sexual orientation.
Questions you may wish to ask are: 


Does the contractor/supplier's equalities policy extend to people of
differing sexual orientation?
Do harassment policies specifically include and protect lesbians and gay
men from homophobic harassment?
Are people of different sexual orientations consulted about service
provision? and if so, how?
Further information on this issue can be obtained from www.stonewall.org.uk - A
campaigning organisation for lesbian and gay equality.
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4.5
Age Discrimination
Age discrimination although not currently illegal can lead to the loss of skills and
experience from contractor/supplier workforces.
Questions you may wish to ask are: 
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Are there any age barriers to employment in place?
Are older and younger people consulted about service provision? and if
so, how?
Are older and younger people given the same access to training and
development opportunities?
What arrangements are in place for monitoring the composition of age in
the workforce?
Further guidance can be found at: www.helptheaged.org.uk - Help the Aged website
www.ace.org.uk - Age concern website
www.caade.net - Campaign Against Age Discrimination in Employment website
www.efa.org.uk - Employers' Forum on Age website
4.6
Religion or Belief
Discrimination on the grounds of religion or belief is illegal and it may be evidence of
racial discrimination.
Questions you may wish to ask are: 


4.7
Are people of differing religions and beliefs consulted about service
provision? and if so, how?
Does the contractor/supplier's equalities policy extend to people of
differing religions and beliefs?
What arrangements are in place to ensure that service delivery is
compatible with religions and beliefs? (e.g. types of food available in
catering contracts)
Work/Life Balance
Employees are more productive if they are able to balance their work and personal
lives effectively, thereby facilitating enhanced delivery the organisational objectives
of the contractor/supplier. This will in turn improve the delivery of the service, which
is why the Council seeks 'best practice' in employment. In addition under the
Employment Act 2002 and Regulations under that Act a number of family friendly
rights for men and women have been introduced.
Questions you may wish to ask are: 16

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What steps are in place to comply with the Employment Act 2002?
What maternity/paternity arrangements are in place? and do they improve
on the statutory rights?
Are hours of work generally structured to allow for a reasonable balance
between work and other aspects of life?
Are staff able to work from home?
Is any support given for childcare costs?
Are arrangements in place for staff to job share?
Is a flexitime scheme in operation?
Is adoption leave available?
www.parentsatwork.org.uk - Parents at Work website offers sources of information
for working parents on employment rights.
www.employersforwork-lifebalance.org.uk - Employers for Work-life balance website.
It shares best practice and demonstrates to employers how work-life policies can be
introduced on a practical basis.
www.new-ways.co.uk - New Ways to Work website offers information and advice on
flexible working arrangements.
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APPENDIX 1
Standard Pre-Qualification Questionnaire
Questions
Approved Questions on Race Relations that can be asked of contractors (some of
which are specified under Dept Environment Circular 8/88)
1.
Is it your policy as an employer to comply with your statutory obligations under
the Race Relations Act 1976, as amended by the Race Relations
(Amendment) Act 2000?
2.
In the last 3 years has any finding of unlawful racial discrimination been made
against your organisation by a court or employment tribunal?
3.
In the last 3 years has your organisation been the subject of formal
investigation by the Commission for Racial Equality on grounds of alleged
unlawful discrimination?
4.
What steps did you take in consequence of any finding?
5.
Is your policy on race relations set out: 


6.
in instructions to those concerned with recruitment, training and
promotion?
In documents available to employees, recognised trade unions etc
In recruitment advertisements etc
Do you observe as far as possible the CRE's Code of Practice for
Employment 1983?
18
APPENDIX 2
Example Clauses
1.
In specification
x.
Equal Opportunities Policy
x.1
The Service Provider shall comply with all non discrimination and equality of
opportunity legislation, codes of practice and the Council's equalities policy.
The Service Provider will actively promote equality of opportunity as it relates
to:






People with disabilities.
People living with or affected by HIV or AIDS.
People from ethnic or religious groups.
Sexuality and gender discrimination.
Age discrimination.
Dealing with harassment and bullying.
The Service Provider must ensure that staff are sufficiently qualified,
competent, experienced, instructed and/or supervised in relation to Equality
of Opportunity.
2.
In form of contract
x.
Equalities
x.1
The Contractor shall comply with its statutory obligations under the Race
Relations Act 1976, as amended by the Race Relations (Amendment) Act
2000, and all relevant codes of practice issued by the Commission for Racial
Equality, and operate an equal opportunities policy which complies with the
practical guidance and recommendations contained in such codes of practice.
The Contractor shall provide such information as the Council may reasonably
request for the purpose of assessing the Contractor’s compliance with this
Condition
In performing the service the Contractor shall not discriminate against any
service user on the grounds of race, colour, ethnic and national origins,
gender, disability, marital status, sexuality, age or ethical beliefs and in
particular shall not unlawfully discriminate against any person within the
meaning of the Sex Discrimination Act 1975, the Disability Discrimination Act
1995, the Race Relations Act 1976, as amended by the Race Relations
(Amendment) Act 2000.
19
x.2
In the event of any finding of unlawful racial discrimination being made against
the Contractor by any Court or employment tribunal, or of an adverse finding
in any formal investigation by the Commission for Racial Equality the
Contractor shall take appropriate steps to prevent repetition of the unlawful
discrimination.
The Contractor shall, on request, provide the Council with details of any steps
taken under this Condition.
20
APPENDIX 3
Code of practice on workforce matters in local
authority service contracts
Workforce matters under best value
1. This document sets out an approach to workforce matters in local authority
service contracts which involve a transfer of staff from the local authority to the
service provider, or in which staff originally transferred out from the local authority
as a result of an outsourcing are TUPE transferred to a new provider under a
retender of a contract. This Code will form part of the service specification and
conditions for all such contracts.
2. The Code recognises that there is no conflict between good employment
practice, value for money and quality of service. On the contrary, quality and
good value will not be provided by organisations that do not manage workforce
issues well. The intention of the authority is therefore to select only those
providers who offer staff a package of terms and conditions, which will secure
high quality service delivery throughout the life of the contract. These must be
sufficient to recruit and motivate high quality staff to work on the contract and
designed to prevent the emergence of a ‘two-tier workforce’, dividing transferees
and new joiners working beside each other on the same contracts.
3. Contractors who intend to cut costs by driving down the terms and conditions for
staff, whether for transferees or for new joiners taken on to work beside them, will
not provide best value and will not be selected to provide services for the council.
However, nothing in this Code should discourage local authorities or contractors
from addressing productivity issues by working with their workforces in a positive
manner to achieve continuous improvement in the services they deliver.
Treatment of transferees
4. In its contracting-out of services, the local authority will apply the principles set
out in the Cabinet Office Statement of Practice on Staff Transfers in the Public
Sector and the annex to it, A Fair Deal for Staff Pensions. The service provider
will be required to demonstrate its support for these principles and its willingness
to work with the local authority fully to implement them.
5. The intention of the Statement is that staff will transfer and that TUPE should
apply, and that in circumstances where TUPE does not apply in strict legal terms,
the principles of TUPE should be followed and the staff involved should be
treated no less favourably than had the Regulations applied. The Government
has now indicated an intention to legislate to make statutory within local
government the provisions in the Cabinet Office Statement.
6. The annex to the Statement requires the terms of a business transfer specifically
to protect the pensions of transferees. Staff must have ongoing access to the
Local Government Pension Scheme or be offered an alternative good quality
occupational pension scheme, as defined in the annex to the Cabinet Office
Statement, under which they can continue to earn pension benefits through their
future service. There must also be arrangements for handling the accrued
benefits, which staff has already earned.
21
Treatment of new joiners to an outsourced workforce
7. Where the service provider recruits new staff to work on a local authority contract
alongside staff transferred from the local authority, it will offer employment on fair
and reasonable terms and conditions which are, overall, no less favourable than
those of transferred employees. The service provider will also offer reasonable
pension arrangements (as described at paragraph 10 below).
8. The principle underpinning the provisions of paragraph 7 is to consider
employees’ terms and conditions (other than pensions arrangements which are
dealt with in paragraph 10) in the round – as a ‘package’. This Code does not
prevent service providers from offering new recruits a package of non-pension
terms and conditions, which differs from that of transferred staff, so long as the
overall impact of the changes to this package meets the conditions in paragraph
7. The aim is to provide a flexible framework under which the provider can design
a package best suited to the delivery of the service, but which will exclude
changes, which would undermine the integrated nature of the team or the quality
of the workforce.
9. The service provider will consult representatives of a trade union where one is
recognised, or other elected representatives of the employees where there is no
recognised trade union, on the terms and conditions to be offered to such new
recruits. The arrangements for consultation will involve a genuine dialogue. The
precise nature of the arrangements for consultation is for agreement between the
service provider and the recognised trade unions. The intention is that
contractors and recognised trade unions should be able to agree on a particular
package of terms and conditions, in keeping with the terms of this Code, to be
offered to new joiners.
Pension arrangements for new joiners to an outsourced workforce
10. The service provider will be required to offer new recruits taken on to work on the
contract beside transferees one of the following pension provision arrangements:



Membership of the local government pension scheme, where the employer
has admitted body status within the scheme and makes the requisite
contributions.
Membership of a good quality employer pension scheme, either being a
contracted out, final-salary based defined benefit scheme, or a defined
contribution scheme. For defined contribution schemes the employer must
match employee contributions up to 6%, although either could pay more if
they wished.
A stakeholder pension scheme, under which the employer will match
employee contributions up to 6%, although either could pay more if they
wished.
On a retender of a contract to which this Code applies the new service provider
will be required to offer one of these pensions options to any staff who transfer to
it and who had prior to the transfer a right under the Code to one of these
22
pension options.
Monitoring arrangements
11. Throughout the length of the contract, the service provider will provide the local
authority with information as requested which is necessary to allow the local
authority to monitor compliance with the conditions set out in this Code. This
information will include the terms and conditions for transferred staff and the
terms and conditions for employees recruited to work on the contract after the
transfer.
12. Such requests for information will be restricted to that required for the purpose of
monitoring compliance, will be designed to place the minimum burden on the
service provider commensurate with this, and will respect commercial
confidentiality. The service provider and the local authority will also support a
central Government-sponsored review and monitoring programme on the impact
of the Code, drawn up in consultation with representatives of local government,
contractors, trade unions and the Audit Commission as described in paragraph
17, and will provide information as requested for this purpose. Such requests will
follow the same principles of proportionality and confidentiality.
Enforcement
13. The local authority will enforce the obligations on the service provider created
under this Code. Employees and recognised trade unions should in the first
instance seek to resolve any complaints they have about how the obligations
under this Code are being met, directly with the contractor. Where it appears to
the local authority that the service provider is not meeting its obligations, or where
an employee of the contractor or a recognised trade union writes to the authority
to say that it has been unable to resolve a complaint directly with the contractor,
the local authority via the Authorised Officer as nominated in the contract will first
seek an explanation from the service provider. If the contractor’s response
satisfies the local authority that the Code is being followed, the local authority will
inform any complainant of this. If the response does not satisfy the local authority,
it will ask the service provider to take immediate action to remedy this. If,
following such a request, the service provider still appears to the local authority
not to be complying with the Code, the local authority will seek to enforce the
terms of the contract, which will incorporate this Code. In addition, where a
service provider has not complied with this Code, the local authority will not be
bound to consider that provider for future work.
14. The contract shall include a provision for resolving disputes about the application
of this Code in a fast, efficient and cost-effective way as an alternative to
litigation, and which is designed to achieve a resolution to which all the parties
are committed. The contractor, local authority and recognised trade unions or
other staff representatives, shall all have access to this ‘alternative dispute
resolution’ (ADR) process. The Government has asked local authorities, trade
unions and contractors to come forward with an ADR mechanism, which is
consistent with this Code, for inclusion in contracts. In the event that within a
specified timescale the parties are unable to agree, the government will publish
as an annex to this Code its proposed ADR mechanism.
23
15. Local authorities will have a duty in their performance plans to certify that
individual contracts comply with best value requirements, including workforce
requirements in this Code and the accompanying statutory guidance. The Audit
Commission's appointed auditor will through the audit of the Performance Plan:




Provide assurance that councils are meeting their statutory duty of certifying
their compliance with the Code and that they have put in place adequate
arrangements to ensure compliance;
Receive information from third parties about any concerns with the council's
compliance;
Consider the information received and decide how to deal with those
concerns;
Where the subject of any concern is of material significance (e.g. large
contracts or a major breach of this Code is alleged) the auditor will decide on
a proportionate response to investigate the concerns.
16. If as a result of investigations the auditor has concerns about an authority’s
compliance with this Code, they may exercise their appropriate statutory powers,
which include:


Requiring the authority to respond publicly to a written recommendation;
Recommending that the Secretary of State should give a direction under
Section 15 of the Local Government Act 1999.
The Audit Commission will issue guidance to councils and auditors on how these
matters will be dealt with.
Sub-contractors
17. This Code sets out procedures for handling matters between the local authority
and a primary contractor. Where the primary contractor to provide services to the
local authority transfers staff originally in the employ of the local authority to a
sub-contractor in consequence of the terms of the primary contractor’s
obligations to the local authority, the primary contractor will be responsible for the
observance of this Code by the sub-contractor.
Review of this Code
18. The Government will monitor the operation of this Code and consult with
representatives of local government, trade unions, contractors and the Audit
Commission to assist in this process.
24
APPENDIX 4
Provision of Information by Luton Borough Council
to Bidders
The detailed approach taken on workforce matters may vary from contract to
contract depending on the service to be delivered, including the size, type and
duration of the contract and the nature of the intended contractual relationship. It will
be made clear to potential service providers at the outset what categories of
information and general standards will be sought.
Accurate and timely information will be made available to bidders to enable them to
take account of their prospective TUPE liabilities when preparing their tender.
1
Workforce Information to be provided during the Bidding Process
1.1
The following information must be provided where council staff is subject to
TUPE. Where a tender will result in staff being transferred (under TUPE) from
one external employer to another, the Council must make best endeavours to
obtain this information from the incumbent contractor and provide it in the
invitation to tender: 







1.2
The potential number of staff who may be transferred (but with no
obligation to identify individuals by name)
The age, salary, length of service, hours of work, holiday entitlement,
overtime hours and enhancement rates and any other factors affecting
their redundancy entitlement and any outstanding claims arising from
employment.
The number of employees who are (and the number who are entitled to
be) members of the LGPS
The general terms and conditions applicable to those employees, including
probationary periods, retirement age, periods of notice, current pay
agreements, working hours, annual leave, special and discretionary leave,
sick leave, maternity and parental leave, relocation schemes, car leasing
schemes, occupational welfare, facility time arrangements and any other
additional employment benefits whether or not stated to be a contractual
entitlement.
Relevant collective agreements and personnel policies
Details of the Local Government Pension Scheme
Details of any future promises or pay awards not yet implemented.
Details of any individuals carrying out work for the organisation who are
treated as casuals or freelance contractors (but with no obligation to
identify individuals by name).
As a matter of good practice, it is recommended that the letting authority
should also consider providing the following information: 


Appropriate extracts from the DETR circular 10/99
Cabinet Office Statement of Practice on Staff Transfers
A Guide to the LGPS (member’s booklet)
25







2
A pro-forma list of the employer discretions under the LGPS regulations
and the current policies under the Local Government (Early Termination of
Employment)(Discretionary Compensation) (England and Wales)
Regulations 2000 [SI 2000/1410]
A draft admission agreement
The actuarial note on admission agreements
A document akin to the “Actuary’s letter”
Guidance Note of January 2000 from the Local Government Pensions
Division of the DETR
Guidance on the Franklin and others v PPS Public Services Ltd case
A copy of the Government Code of practice on workforce matters in local
authority service contracts
Workforce Information to be provided at the Award of the Contract
The following information must be provided (either by the Council or the
current contractor) at the award of the contract to the successful bidder for
each employee to be transferred: -
2.1
Personal details







2.2
Name (surname, forename, title and initials)
Date of Birth
Home address
Job Title
Work Location
National Insurance Number
Hours of work
Pay










Annual salary and grading structure
Shifts, unsociable hours or other premium rates of pay
Overtime history for the preceding 12 month period
Allowances and bonuses for the preceding 12 month period
Bank/building society account details for payroll purposes
Outstanding loan/advances on salary or debts
NI contribution rate
Cumulative pay for tax and pension purposes
Any other voluntary deductions from pay
Cumulative tax paid
26
APPENDIX 5
Provision of Information from Bidders on their
Intentions for the Workforce
Luton Borough Council will have provided information (as set out in APPENDIX 3) on
the terms and conditions and collective agreements applicable to the transferring
employees. Bidders will need to provide detailed information about their intentions
for the transferring workforce, demonstrate that they understand the terms and
conditions applicable to these employees and explain how their technical proposals
may affect the workforce.
The bidders should also highlight any proposals they consider need to be negotiated
with the trade unions or employee representatives and detailed information on any
possible redundancies to be made on economic, technical or organisational reasons.
The bidders will also be asked either at the expressions of interest stage, or at the
tendering stage to provide positive statements of intentions to abide by the
Government Code, and a general statement on their obligations under TUPE
concerning the effect of a transfer on contracts of employment.
This information will be used during the evaluation process.
1
Information on Key Terms and Conditions of Employment
1.1
The main terms and conditions of service on which tenderers will be required
to provide factual statements are as follows:









Pay and allowances
Hours of work including any flexible working hours arrangements.
Leave
Sick pay
Maternity leave
Notice periods
Probation –confirmation that those staff under probation on day of transfer
period of probation will be unaffected.
TU recognition
Details of existing collective agreements made with the trade unions
including collective agreements presumed to be unenforceable in specified
circumstances. (Reg. 6 TUPE 1981)
2
Information on Other Terms and Conditions and Workforce Matters
2.1
Bidders should provide information relating to the headings listed below: -
2.2.1 Pensions
Where the bidder proposes to offer a pension scheme with broadly
comparable benefits to the Local Government Pension Scheme (LGPS) an
appropriate certificate of broad comparability will be required. These may be
27
obtained from the Government’s Actuary’s department or the Pension Fund’s
Actuary. The bidder should indicate whether a certificate has been obtained
or, if not, whether the bidder intends to obtain a certificate.
Information regarding the bidders’ intentions to seek Admitted Body Status to
the LGPS is also required. An Admission Agreement with an external
provider must be completed well before the LGPS members are
transferred to the external provider to ensure there is no break in the
continuity of membership for the staff. Until the Council has received a
copy of this agreement any contract with the provider must be regarded
as merely provisional. Council officers have a duty to ensure that this
process is followed in full.
An external provider seeking Admitted Body Status will be required to provide
an indemnity or bond in respect of the agreement in an approved form and
with an authorised insurer or a relevant institution.
2.2.2 Medical Retirement
Proposals for medical retirement pensions and death in service benefits
comparable to those available under the LGPS. This will be subject to
evaluation as part of the pensions package.
2.2.3 Redundancy
Proposals for redundancy selection criteria and redundancy compensation. In
particular the Council would be interested to know the bidders’ views on
calculating redundancy payments on an actual week’s pay rather than the
statutory week’s pay limit of £250 per week (current figure at June 2000)
2.2.4 Illness/Injury at Work



Details of employer’s liability insurers and insurance
Details of claims procedures, compensation package
Compensation Arrangements
2.2.5 Discipline/Capability/Management of Sickness Absence and Grievance

Details of procedures
2.2.6 Performance and Appraisal


Process of conducting staff performance appraisals
Intentions or status with regard to Investors in People
2.2.7 Occupational Health and Welfare

Details of arrangements
28
2.2.8 Equal Opportunities

Information on relevant employment policies and practices
2.2.9 Training and Development




Proposals for supporting the attainment of relevant professional
qualifications by employees and continuous professional development.
Training plan for service delivery within the specified contract area.
Investors in People status and intentions
Policy on equalities in training and development
3
Impact on the Workforce of Bidders’ Technical Proposals
3.1
The impact of the proposals should be explained under the following
headings:








Management and supervisory structures
Changes to working practices
Technical considerations (i.e. new equipment)
Relocation of functions
Proposals for recruitment or redundancy within the contract area
Proposals to change (if legally possible) by negotiation existing terms and
conditions of service or collective agreements
How training needs will be identified and met
How health and safety and equal opportunities issues will be identified and
addressed.
29
APPENDIX 6
Bidders’ Past Performance on Workforce Matters
It is important to focus on positive aspects of bidders’ track records, as well as
possible weaknesses. Accreditation under Investors in People provides a useful
indication of competence in personnel management and commitment to developing
staff through training. Bidders may also wish to provide statements from their
recognised trade unions. It is recognised that small businesses and new entrants to
the market may not have the capacity or experience to respond to detailed enquiries
but may nevertheless be able to make attractive bids.
Information will be sought under the following headings: 1
Court or Tribunal Proceedings
Details of any court or tribunal proceedings in respect of employment matters
(not limited to those arising from TUPE or the Government Code) that the
bidder has been involved in over the last 3 years (including any currently in
action).




2
Number of cases/proceedings received
Cause of action
Number of employees covered by the proceedings
Outcome of the proceedings (i.e. settled before hearing, tribunal decisions)
TUPE Transfers (to be sought when more than five staff are likely to be
transferred)
Details of transfers of staff to the bidder under TUPE during the last three
years: 




Numbers of staff transferred
Date of transfer
From whom staff were transferred
Reason for transfer
Numbers made redundant of those transferred for economic, technical or
organisational (ETO) reasons.
30
APPENDIX 7
1
Post Transfer Reporting on Workforce Matters
Reporting
Successful contractors are to provide designated officers, as part of the
normal reporting regime of the contract with the following information, on a
regular basis depending on the more general monitoring arrangements for the
contract. The first two points must be reported to the Council contract
manager as soon as either side initiates court or tribunal action: 











2
Any court action or tribunal proceeding relating to TUPE compliance or
equalities legislation
Any sex, race or disability discrimination or unfair dismissal proceedings
Employment terms and conditions for new joiners working alongside
transferred staff
Proposed, agreed or imposed changes to terms and conditions of service
in respect of employees transferred to the contractor under TUPE
Disputes relating to TUPE compliance or equalities legislation which are
regarded as unresolved by a recognised trade union
Completed court action or tribunal proceedings relating to TUPE
compliance or equalities legislation
Out of court settlements relating to TUPE compliance or equalities
legislation.
Details of industrial disputes
Turnover rates
Management information on training and development
Sickness Absence Statistics (including separate identification of absence
related to industrial injury)
Management information on health and safety matters i.e. accidents at
work
Admission Agreement


Where the contractor obtains an Admission Agreement it will be necessary
to periodically review that the sum of the bond or indemnity still covers the
level of risk exposure which would arise on premature termination of the
contract,
The Administering Authority and the Council should agree with the
contractor how periodic reviews will be undertaken to ensure that all the
contractor’s employees who are members of the LGPS are employed in
connection with the delivery of the outsourced function. (The Regulations
allow the parties to the Agreement to agree what constitutes “employed in
connection with”.)
31
3
Corporate Health Performance Indicators
The contractor will be required to provide the following information, for the
workforce engaged to deliver the outsourced function, on an annual basis
from the start of the contract:







4
The percentage of senior management posts filled by women
The number of working days/shifts lost to sickness absence
Voluntary leavers as a percentage of staff in post
Early retirements (excluding ill-health retirements) as a percentage of the
total workforce
Ill-health retirements as a percentage of the total workforce
The number of staff declaring that they meet the Disability Discrimination
Act disability definition
The number of minority of ethnic community staff employed.
Best Value Reviews
The contractor will be required to participate fully in Best Value reviews of the
service.
32
APPENDIX 8
Useful Information
Council Contacts
Workforce Issues
Human Resources
Contact Hilary Beaumont
Equalities issues
Equalities Implementation Officers
Contact Val Grant
Service and Supply contract issues
Procurement Team
Contact Chris Addey
Health and Safety issues
Health and Safety Team
Contact Caron Rees
Stakeholder Involvement issues
Consultation
Contact Nicola Reeve
Legal issues
Legal Services
Contact Mary Cormack
Pension information
Payroll and Pensions
Contact Angela Claridge
Useful Websites and links
www.cre.org - Commission for Racial Equality
www.info4local.gov.uk - gateway for local authorities to get access to localgovernment-related information that is published on the websites of central
government departments and agencies
www.cips.org - Chartered Institute of Purchasing and Supply
www.ogc.gov.uk -The Office of Government Commerce
www.gendertrust.org.uk - Gender Trust website. Offers information and support
transsexuals, as well as management guidelines for the employment of transsexuals.
www.lg-employers.gov.uk/equal-pol-gen.html - Employers' Organisation for Local
Government website. A summary of the Equality Standard for local government is
available on this site. The standard was developed jointly with the Equal
Opportunities Commission, the Commission for Racial Equality and the Disability
Rights Commission.
www.equalitydirect.org.uk - Equality Direct website offering advice on a wide range
33
of equality issues.
www.opportunitynow.or.uk - Opportunity Now. A Business in the Community
programme Working with employers to realise the full potential of women in the
workforce
www.womenandequalityunit.gov.uk - Women and Equality Unit website. This is part
of the Cabinet office
www.fawcettsociety.org.uk - Fawcett Society website. This is a national voluntary
organisation working to create greater equality for women.
www.rnib.org.uk - Royal National Institute for the Blind
www.rnid.org.uk, - Royal National Institute for Deaf People
34
APPENDIX 9 - Contract officer checklist
Who are your stakeholders? (end users, clients, professionals, families of
clients, others affected (e.g. householders along a street), taxpayers,
neighbourhood groups, local councillors, the whole community of citizens,
etc?)
Has a Best Value review been carried and what was the outcome? Were all
relevant stakeholders consulted?
Who are your key beneficiaries (which stakeholders will benefit from the
contract)?
In the views of the city, central government and the public, are your key
beneficiaries vulnerable people?
If so check their needs are put first; consult all stakeholders about workforce
matters and equalities, but ensure vulnerable beneficiaries/end-users do not
lose out to more vocal (but less affected) groups.
If not, consider with the beneficiaries/end users first, and other stakeholders
second, their preferred trade-off between workforce matters and equalities
issues and functionality.
Consider with stakeholders workforce matters and equalities issues in all their
forms.
Be clear which approaches to workforce matters and equalities are valued by
stakeholders above others.
Contact HR about possible TUPE implications and workforce matters
Who (if any one) will lose out through the contract? What impact does this
have on workforce matters and equalities?
Does the specification accurately reflect the stakeholder view of the
appropriate trade off between workforce matters and equalities issues and
functionality?
Do the evaluation criteria accurately reflect the stakeholder view of the
35
appropriate trade off between workforce matters and equalities issues and
functionality?
Is the specification written so that it can be monitored?
Who will monitor it?
How much will that cost?
How many companies can meet your specification? (be careful not to restrict
your market too much)
36