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Children’s Hearings (Scotland) Act 2011

Effect on existing contracts of employment

404.Paragraph 4 makes a number of provisions concerning employees of SCRA or local authorities who are subject to a staff transfer order. Paragraphs 4(2) to 4(4) establish that contract rights and obligations transfer from the former employer to CHS on the transfer day. Paragraph 4(5) provides that employed staff may object in advance to their contract being transferred to CHS, in which case their contract is terminated at the end of the day before the intended transfer day. This termination will not be treated as dismissal. Paragraph 4(7) provides that an employee may terminate their contract of employment by virtue of the staff transfer if they can show that the change of employer was both significant and detrimental.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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