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SCHEDULE 1Transfer of Assets and Liabilities, etc.

River Warden’s contract of employment

2.—(1) The contract of employment between the River Warden and the Corporation shall have effect from 1st April 2007 as if originally entered into between the River Warden and the Department.

(2) Without prejudice to sub-paragraph (1)—

(a)all the rights, powers, duties and liabilities of the Corporation under or in connection with the River Warden’s contract of employment are by virtue of this paragraph transferred to the Department; and

(b)anything done before 1st April 2007 by or in relation to the Corporation in respect of that contract or the River Warden is to be treated from that date as having been done by or in relation to the Department.

(3) If the River Warden informs the Corporation before 1st April 2007 that he objects to the transfer of his contract of employment under this paragraph—

(a)sub-paragraphs (1) and (2) do not apply in relation to him; and

(b)his contract of employment is terminated immediately before that date.

(4) The River Warden is not to be treated for the purposes of the Employment Rights (Northern Ireland) Order 1996 (NI 16) as having been dismissed by the Corporation by reason of—

(a)his transfer under this paragraph; or

(b)the termination of his contract of employment under sub-paragraph (3).

(5) This paragraph does not prejudice the right of the River Warden to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the River Warden shows that in all the circumstances the change is a significant change and is to his detriment.

(6) In this paragraph “the River Warden” means the person who is employed by the Corporation under a contract of employment for the position of river warden immediately before 1st April 2007.