A client charity wishes to enter a competitive tender for an existing service run by an organisation which has one member of staff with an estimated length of service of 20 -25 years and who on retirement will be the beneficiary of a Local Government Pension Scheme (LGPS) pension, for which, under the TUPE legislation, the charity would be liable if its tender were successful. The exact terms of the LGPS and the employee's length of service are not known, under data protection are confidential and will only be released to the successful bidder. The charity does not wish to fly blind into a commitment which it has no means of quantifying and so is faced with being unable to tender, since to tender and then withdraw should the commitment prove unduly onerous would involve unacceptable reputational loss. I have heard of one solution being the creation of a bond which could indemnify the charity but this seems a tortuous route for one potential employee. Has anyone any more relevant experience, please?
20th Jul 2021
Obtaining information for a tender
TUPE pension uncertainty on tendering for a contract.
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