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

Supplementary provisions as to transfer of staff

12.—(1) In the case of a person who falls within Article 11(1)(b), a scheme under that Article may provide that, with effect from the HSS trust’s operational date, his contract of employment (in this Article referred to as “his original contract”) shall be treated in accordance with the scheme as divided so as to constitute—

(a) a contract of employment with the HSS trust; and

(b) a contract of employment with the relevant body by which he was employed before that date.

(2) Where a scheme makes provision as mentioned in paragraph (1),—

(a) the scheme shall secure that the benefits to the employee under the two contracts referred to in that paragraph, when taken together, are not less favourable than the benefits under his original contract;

(b) Article 11 shall apply in relation to the contract referred to in paragraph (1)(a) as if it were a contract transferred under that Article from the relevant body mentioned in paragraph (1)(b) to the HSS trust;

(c) so far as necessary to preserve any rights and obligations, the contract referred to in paragraph (1)(b) shall be regarded as a continuation of the employee’s original contract; and

(d) for the purposes of the statutory provisions listed in paragraph (3), the number of hours normally worked, or, as the case may be, the hours for which the employee is employed in any week under either of those contracts shall be taken to be the total of the hours normally worked or, as the case may be, for which he is employed under the two contracts taken together.

(3) The statutory provisions referred to in paragraph (2)(d) are—

(a) section 4(9) to (11A) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965(1);

(b) Schedule 1 to that Act as it applies for the purposes of that Act and of any other statutory provision; and

(c) Article 49(5) to (8) of the Industrial Relations (No. 2) (Northern Ireland) Order 1976(2).

(4) Where, as a result of the provisions of Article 11, by virtue of his employment during any period after the operational date of the HSS trust,—

(a) an employee has contractual rights against an HSS trust to benefits in the event of his redundancy, and

(b) he also has statutory rights against the trust under Parts II to IV of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (redundancy payments),

any benefits provided to him by virtue of the contractual rights referred to in sub-paragraph (a) shall be taken as satisfying his entitlement to benefits under the said Parts II to IV.

(1)

1965 c. 19 (N.I.)

(2)

1976 NI 28