The East Sussex County Council (Boroughs of Brighton and Hove) (Staff Transfer) Order 1997

Transfer of staff

3.—(1) This article shall apply to any employee (a “designated employee”)—

(a) who immediately before 1st April 1997 (“the reorganisation date”) was employed either by the East Sussex County Council, or the Brighton Borough Council or the Hove Borough Council;

(b) whose employment would continue but for the transfer of functions to the Brighton and Hove Borough Council and the abolition of the Brighton and Hove Borough Councils; and

(c) whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.

(2) The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect—

(a) in the case of an employee who falls within a class or description of employees mentioned in any section of Part I of the designated list, as if originally made between that employee and the Brighton and Hove Borough Council;

(b) in the case of an employee who falls within a class or description of employees mentioned in any section of Part II of the designated list, as if originally made between that employee and the Brighton and Hove Borough Council.

(3) This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981(1).

(1)

S.I. 1981/1974 as amended by section 33 of the Trade Union Reform and Employment Rights Act 1993 c. 19.