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The Health and Personal Social Services(Northern Ireland) Order 1991

Status:

This is the original version (as it was originally made).

Transfer of staff to HSS trusts

11.—(1) Subject to paragraph (5), this Article applies to any person who, immediately before an HSS trust’s operational date—

(a)is employed by a relevant body to work solely at, or for the purposes of, a hospital or other establishment or facility which is to become the responsibility of the trust; or

(b)is employed by a relevant body to work at, or for the purposes of, such a hospital, establishment or facility and is designated for the purposes of this Article by a scheme made by the relevant body specified as mentioned in paragraph 3(1)(f) of Schedule 3.

(2) A scheme under this Article shall not have effect unless approved by the Department.

(3) Subject to Article 12, the contract of employment between a person to whom this Article applies and the relevant body by which he is employed shall have effect from the operational date as if originally made between him and the HSS trust.

(4) Without prejudice to paragraph (3)—

(a)all the relevant body’s rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies shall by virtue of this Article be transferred to the HSS trust on its operational date; and

(b)anything done before that date by or in relation to the relevant body in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the HSS trust.

(5) In any case where—

(a)an order under Article 10(1) provides for the establishment of an HSS trust with effect from a date earlier than the operational date of the trust, and

(b)on or after that earlier date but before its operational date the HSS trust makes an offer of employment by the trust to a person who at that time is employed by a relevant body to work (whether solely or otherwise) at, or for the purposes of, the hospital or other establishment or facility which is to become the responsibility of the trust, and

(c)as a result of the acceptance of the offer, the person to whom it was made becomes an employee of the HSS trust, paragraphs (3) and (4) shall have effect in relation to that person’s contract of employment as if he were a person to whom this Article applies and any reference in those paragraphs to the operational date of the trust were a reference to the date on which he takes up employment with the trust.

(6) Paragraphs (3) and (4) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only of the change in employer effected by this Article.

(7) A scheme under this Article may designate a person either individually or as a member of a class or description of employees.

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