The Devon County Council (City of Plymouth and Borough of Torbay) (Staff Transfer) Order 1998

Transfer of Staff

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

(a) who immediately before 1st April 1998 (“the reorganisation date”) is employed by the Devon County Council;

(b) whose employment would continue but for the transfer of functions to the Councils of the City of Plymouth and the Borough of Torbay;

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

(d) whose name is not mentioned in the Schedule to this Order.

(2) The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect in the case of an employee whose name is mentioned in, or who falls within a class or description of employees mentioned in any section of Part I or Part II of the designated list, as if originally made between that employee and the city or borough council mentioned at the head of that section.

(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.