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The protection for “vulnerable employees” under the Employment Relations Act 2000 (Act) will be extended from 1 July 2021 to include employees working in security services.

In short, this means that in a business restructuring situation (where an employer is selling or transferring a business which includes security services, or is planning to outsource or bring security services inhouse) security services employees who are affected will have the right to “follow the work”, transferring employment to the new employer/provider, on the same terms and conditions.

Security services includes roles responsible for:

• guarding real or personal property belonging to another person;
• monitoring in real time, from any part of a premises, images from a camera or similar device on the same premises;
• services provided by a crowd controller employee;
• escort duty and courtroom custodial duty;
• mobile security patrols; and
• collecting cash from any premises.

The definition excludes roles such as private investigators, security consultants, personal bodyguards or repossession employees.

Message for Employers

If you are buying or selling a business or planning to outsource functions in your business and you employ security services employees, you need to be aware of your additional obligations under the Act.  Please contact us for help with your restructure processes.

Disclaimer: We remind you that while this article provides commentary on employment law and health and safety topics, it should not be used as a substitute for legal or professional advice for specific situations. Please seek legal advice from your lawyer for any questions specific to your workplace.