National Health Service Act 2006 : Chapter 41.

  • Great Britain.
Date:
[2006], ©2006
Catalogue details

Licence: Open Government Licence

Credit: National Health Service Act 2006 : Chapter 41. Source: Wellcome Collection.

    264/278 (page 246)
    Schedule 17 — Exempt information relating to health services Part 3 — Interpretation by the body or by any person who holds any such office or is an employee of the body. SCHEDULE 18 Section 75 SECTION 75 ARRANGEMENTS: TRANSFER OF STAFF Application of Schedule 1 This Schedule applies where, under any arrangements under regulations under section 75, any functions of a body (“the transferor”) will be exercised by another body (“the transferee”). Orders transferring staff 2 (1) The Secretary of State may by order transfer to the transferee any specified description of employees of the transferor. (2) An order may be made under this paragraph only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred. Effect of order on contracts of employment 3 (1) The contract of employment of an employee transferred by an order under paragraph 2— (a) is not terminated by the transfer, and (b) has effect from the date of the transfer as if originally made between the employee and the transferee. (2) In particular — (a) all the rights, powers, duties and liabilities of the transferor under or in connection with the employee’s contract of employment are by virtue of this sub-paragraph transferred to the transferee, and (b) anything done before the date of the transfer by or in relation to the transferor in respect of the employee or his contract of employment is deemed from that date to have been done by or in relation to the transferee. (3) Sub-paragraphs (1) and (2) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the transferor or the transferee that he objects to the transfer. (4 ~_— Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the transferor is terminated immediately before the date on which the transfer would occur; but he must not be treated, for any purpose, as having been dismissed by that body. (5 ~— This paragraph does not affect any right of an employee transferred by an order under paragraph 2 to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right arises by reason only that, under this paragraph, the identity