The Health Authorities (Establishment and Abolition) (England) Order 2001

Transfer of staff

4.—(1) Subject to paragraph (2), this article applies to any person who, immediately before the material date, was employed by any of the old Authorities.

(2) This article does not apply to any person who is to be transferred on the material date to a Primary Care Trust by an order under paragraph 23(1) of Schedule 5A to the 1977 Act(1).

(3) The persons to whom this article applies shall be transferred on the material date from the old Authorities to the employment of the relevant new Authorities.

(4) The contract of employment of a person to whom this article applies is not terminated by the transfer under paragraph (3) above and has effect from the material date as if originally made between that person and the relevant new Authority.

(5) Without prejudice to paragraph (4) above—

(a) all the rights, powers, duties and liabilities of the old Authority from which an employee is transferred under paragraph (3) above under or in connection with his contract of employment shall by virtue of this paragraph be transferred to the relevant new Authority; and

(b) anything done before the material date by or in relation to the old Authority from which he is so transferred in respect of the employee or the contract of employment shall be deemed from that date to have been done by or in relation to the new Authority to which he is transferred.

(6) Paragraphs (4) and (5) above do not transfer a person’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old Authority from which they would be transferred that he objects to the transfer.

(7) Where a person objects as mentioned in paragraph (6) above, his contract of employment with the old Authority from which he would be transferred shall be terminated immediately before the material date; but he shall not be treated, for any purpose, as having been dismissed by that Authority.

(8) This article is without prejudice to any right of a person to which this article applies 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 only by reason that, under this article, the identity of his employer changes unless the person shows that, in all the circumstances, the change is a significant change and is to his detriment.

(1)

Schedule 5A was inserted by Schedule 1 to the 1999 Act.