Police (Northern Ireland) Act 2000

Transfer of employed staff N.I.

4 (1) Subject to sub-paragraphs (2) and (3), this paragraph applies to a person who immediately before the transfer date is employed by the Authority. N.I.

(2) This paragraph does not apply to a person if his contract of employment terminates on the day immediately before the transfer date.

(3) Where a person—

(a) has, prior to the transfer date, entered into a contract of employment with the Authority which is to come into effect on or after that date, and

(b) would, if the contract had come into effect before that date, have been a person to whom this paragraph applies,

he shall be treated as if he were a person to whom this paragraph applies.

(4) A contract of employment between a person to whom this paragraph applies and the Authority shall have effect from the transfer date as if originally made between that person and the Board.

(5) Without prejudice to sub-paragraph (4)—

(a) all the Authority’s rights, powers, duties and liabilities under or in connection with the contract shall by virtue of this paragraph be transferred to the Board on the transfer date; and

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

(6) Sub-paragraphs (4) and (5) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the Authority that he objects to the transfer.

(7) Where an employee objects as mentioned in sub-paragraph (6), his contract of employment with the Authority is terminated immediately before the transfer date, but he shall not be treated, for any purpose, as having been dismissed by the Authority.

(8) A person transferred to the employment of the Board under this paragraph shall be treated—

(a) as a member of the police support staff employed under section 4(3), if immediately before the transfer date he was a member of the police service staff of the Authority;

(b) as a member of the staff of the Board appointed under paragraph 13(1) of Schedule 1 in any other case.

(9) This paragraph does not prejudice any right of the 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 of employer effected by this paragraph unless the employee shows that, in all the circumstances, the change is a significant change and to his detriment.