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<p /> <p /> <p>DWP has considered whether the creation of SFIS falls within the TUPE
definitions. The regulations state “…the transfer of administrative functions between
public administrative authorities is not a relevant transfer” (for the purpose of
TUPE). After careful consideration, DWP has concluded that benefit fraud investigations
fall within this category, and as such, TUPE would not apply.</p><p>DWP has however,
made clear that the success of SFIS is a priority and we intend to transfer staff
currently working on fraud investigations from Local Authorities. To effect those
transfers, DWP will apply the approach set out in the Cabinet Office Statement of
Practice for Staff Transfers in the Public Sector (COSOP) and staff will transfer
under a Statutory Transfer Scheme (STS) as provided for under Section 38 of the Employment
Relations Act 1999. In line with COSOP, the terms and conditions for transferring
staff will be protected.</p>
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