Education (Scotland) Act 2025

Transfer of staff

2 (1) With effect from the transfer date, any person who, immediately before that date, was employed by the Scottish Qualifications Authority, is transferred into the employment of Qualifications Scotland.

(2) The contract of employment of a person transferred by virtue of sub-paragraph (1)—

(a) is not terminated by the transfer, and

(b) has effect from the transfer date as if originally made between the person and Qualifications Scotland.

(3) Without prejudice to sub-paragraph (2), where a person is transferred by virtue of sub-paragraph (1)—

(a) all the rights, powers, duties and liabilities of the Scottish Qualifications Authority under or in connection with the person’s contract of employment are transferred to Qualifications Scotland on the transfer date, and

(b) anything done before that date by or in relation to the Scottish Qualifications Authority in respect of the person or the contract is to be treated from that date as having been done by or in relation to Qualifications Scotland.

(4) If, before the transfer date, the person informs the Scottish Qualifications Authority that the person does not wish to become an employee of Qualifications Scotland—

(a) sub-paragraphs (1) to (3) do not apply to the person, and

(b) the person’s contract of employment is terminated on the day before the transfer date.

(5) A person is not to be treated for any purpose as being dismissed by reason of the operation of any provision of this paragraph in relation to the person.

(6) Nothing in this paragraph affects any right of a person so transferred to terminate the person’s contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person.

(7) No such right arises by reason only that, by virtue of this paragraph, the identity of the person’s employer changes.