HC Deb 04 May 1999 vol 330 c843

'.—(1) The provision that may be made by transfer instrument includes provision for or in connection with the transfer of—

  1. (a) rights and liabilities under contracts of employment; or
  2. (b) members of police forces and other persons in relation to whom paragraph (a) above does not apply.

(2) Subsections (3) to (5) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.

(3) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.

(4) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.

(5) For the purposes of that Act, the employee's period of employment with the transferor shall count as a period of employment with the transferee, and the change of employment shall not break the continuity of the period of employment.

(6) In the application of this section to a person employed in the civil service of the State—

  1. (a) any reference to employment includes a reference to employment in that service;
  2. (b) any reference to a contract of employment includes a reference to the terms of that employment; and
  3. (c) any reference to dismissal includes a reference to the termination of that employment.

(7) Where a transfer instrument makes provision for or in connection with a transfer falling within subsection (1)(b) above, the provision that may be made includes provision for or in connection with applying subsections (3) to (6) above (with or without modifications) in relation to or otherwise in connection with the transfer.

(8) In this section "transfer instrument" means—

  1. (a) an order under section (Transfers of property, rights or liabilities) above; or
  2. (b) a scheme under section (Transfer schemes) above.'.—[Mr. Dowd.]

Brought up, read the First and Second time, and added to the Bill.

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