Paragraph 1 – Staff of the Board
422.The Welsh Ministers have the power make an order transferring the Board’s staff to the Commissioner or the Welsh Assembly Government. For the purposes of paragraph 1, subparagraph (9) uses the term “transferee” to refer to the employer to whom the Board staff member will or would be transferred.
423.Where staff are transferred by order made by the Welsh Ministers under subparagraph (1), subparagraphs (2) to (9) make provision about the effect of the transfer upon the employment contracts of transferring staff.
424.The employment contracts of staff that transfer to the transferee as a result of an order made in accordance with this paragraph will not be terminated by the transfer and will have effect from the date of transfer as if originally made between the transferred member of staff and the transferee. All rights, powers, duties and liabilities of the Board in relation to the transferred staff member’s contract of employment will transfer to the transferee on the date of transfer. Similarly, anything done before the date of transfer by or in relation to the Board in respect of the transferring member of staff or their contract of employment will be treated from the date of transfer as having been done by or in relation to the transferee.
425.A transferring person’s period of employment with the Board immediately prior to the transfer date will count as a period of employment as a member of staff of the transferee. In addition, for the purposes of section 218(3) of the Employment Rights Act 1996, the transferring person’s period of employment with the Board immediately prior to the transfer date will be treated as continuous employment as a member of staff of the transferee.
426.A contract of employment of a member of the Board’s staff is not transferred under this paragraph if the employee objects to the transfer. That staff member’s contract of employment will be terminated immediately before the date that the transfer to the transferee would occur but the employee whose contract is terminated is not treated for any purpose as having been dismissed by the Board.
