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Police (Northern Ireland) Order 1987

Status:

This is the original version (as it was originally made).

Transfer of staff

16.—(1) On the appointed day there shall be transferred to the employment of the Commission all officers and servants who immediately before that day were employed by the Board.

(2) A person transferred under sub-paragraph (1) shall, so long as he continues in the employment of the Commission and until he is served with a statement in writing by the Commission setting out his new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those he enjoyed immediately before the appointed day.

(3) The new terms and conditions referred to in sub-paragraph (2) shall be such that—

(a)as long as a person transferred under paragraph (1) is engaged in duties reasonably comparable to those in which he was engaged immediately before the appointed day, the scale of his salary or remuneration; and

(b)the other terms and conditions of his employment; are taken as a whole not less favourable than those he enjoyed immediately before the appointed day.

(4) A written statement given in accordance with section 4 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland)[1965 c. 19] 1965 shall not be regarded as a statement of new terms and conditions of employment for the purposes of sub-paragraph (2) unless the statement so indicates.

(5) A person transferred under sub-paragraph (1) shall not be taken to have been dismissed from his employment by the Board by reason of redundancy and, for the purposes of the Contracts of Employment and Redundancy Payments Act (Northern Ireland)[1965 c. 19 (N.I.)] 1965 and the Industrial Relations (Northern Ireland) Orders 1976 to 1982, his period of employment by the Board shall count as a period of employment by the Commission and the transfer shall not break the continuity of the period of employment.

(6) Any question arising in relation to a person as to—

(a)whether he was employed as mentioned in sub-paragraph (1);

(b)whether he is engaged in duties reasonably comparable to those in which he was engaged immediately before the appointed day; or

(c)whether his terms and conditions of employment taken as a whole are less favourable than those he enjoyed immediately before that day, shall, if not otherwise determined, be referred for determination by an industrial tribunal whose decision shall be final.

(7) The Secretary of State may make regulations providing for the payment by the Commission, on such terms and subject to such conditions as may be specified in the regulations, of compensation to, or in respect of, any person transferred under sub-paragraph (1) who suffers subsequent to his transfer loss of employment or loss or diminution of emoluments (including superannuation rights) which is attributable to any provision of this Order or who on grounds which the Secretary of State considers reasonable is unable or unwilling to accept employment with the Commission.

(8) Regulations under sub-paragraph (7) may include provision—

(a)as to the manner in which, the time within which and the person to whom any claim for compensation is to be made;

(b)for the determination by an industrial tribunal of questions arising under the regulations.

(9) Regulations under sub-paragraph (7) have effect from a date earlier than that on which the regulations are made but not so as to place any person in a worse position than he would have been in if the regulations had effect only from the date jof the making thereof.

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