New Towns Act 1981

54 Protection of employees

(1) The Secretary of State shall make regulations containing such provisions as appear to him to be appropriate for the protection of the interests of any person who, on or after the approval or, as the case may be, making of a transfer scheme is in any employment with the new town corporation or district council concerned (the old employment) and is affected by the scheme.

(2) As regards a person who as a result of a transfer scheme is, after the scheme comes into force, in new employment, that is, employment (whether with another of the parties to the scheme or the same employer) which is different from his old employment, regulations under this section shall include provision—

(a) securing that, so long as he continues in the new employment and until he is served with a statement in writing referring to the regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable, taken as a whole, than those which he enjoyed immediately before the termination of the old employment;

(b) securing that the said new terms and conditions are such that—

(i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the termination of the old employment, the scale of his salary or remuneration, and

(ii) the other terms and conditions of his employment, are not less favourable, taken together, than those which he enjoyed immediately before the termination of the old employment.

(3) Regulations under this section may include provision for the determination of questions arising under the regulations.

(4) The Secretary of State shall make regulations under section 24 of the [1972 c. 11.] Superannuation Act 1972 (compensation for loss of office, etc., for persons in local government service, etc.) with respect to all persons to whom subsection (1) above applies and who suffer loss of employment, or loss or diminution of emoluments, as a result of a transfer scheme.

(5) For the purposes of Schedule 13 to the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (as it applies for the purposes of computing an employee's period and continuity of employment for the purposes of that Act and any other enactment) in its application to a person who as a result of a transfer scheme is, after the scheme comes into force, in new employment with a different employer—

(a) the period of his employment in the old employment shall count as a period of employment in the new employment; and

(b) the change of employment shall not break the continuity of the period of employment.

(6) For the purposes of section 94 of the Employment Protection (Consolidation) Act 1978 (change of ownership of business), in its application to such a person, the transfer of any land by a transfer scheme or the inclusion in such a scheme of management arrangements for any land shall (if it would not otherwise be so treated) be treated as a change occurring in the ownership of a business.