The Digital Health and Care Wales (Transfer of Staff, Property, Rights and Liabilities) Order 2021

Transfer of staff to DHCW

3.—(1) This article applies to any person who—

(a) immediately before the transfer date is employed by Velindre University NHS Trust in connection with NWIS’s functions, and

(b) has been notified in writing by Velindre University NHS Trust prior to the transfer date that they are to be transferred to DHCW.

(2) The contract of employment of any person to whom paragraph (1) applies is, on the transfer date, to be transferred to DHCW.

(3) The contract of employment of a person whose employment has transferred to DHCW under paragraph (2)—

(a) is not terminated by the transfer, and

(b) has effect from the transfer date as if originally made between that person and DHCW.

(4) Without prejudice to paragraph (3)—

(a) all the rights, powers, duties and liabilities of Velindre University NHS Trust under, or in connection with, the contract of employment of any person whose employment transferred to DHCW on the transfer date under paragraph (2), are to transfer to DHCW, and

(b) any act or omission before the transfer date by, or in relation to, Velindre University NHS Trust, in respect of that person or that person’s contract of employment, is deemed to have been an act or omission of, or in relation to, DHCW.

(5) Paragraphs (2) to (4) do not have effect to transfer the contract of employment of a person to whom paragraph (1) applies, or any rights, powers, duties and liabilities under, or in connection with, that contract, if, before the transfer date, that person informs Velindre University NHS Trust that they object to becoming employed by DHCW.

(6) Where a person to whom paragraph (1) applies has objected to the transfer of that person’s contract of employment to DHCW as described in paragraph (5), the transfer operates so as to terminate that person’s contract of employment with Velindre University NHS Trust.

(7) Subject to paragraph (8), a person whose contract of employment is terminated in accordance with paragraph (6) is not to be treated, for any purpose, as having been dismissed by their employer.

(8) Where the transfer involves or would involve a substantial change in the working conditions to the material detriment of a person whose employment is or would have been transferred under paragraph (2), that person may treat the contract of employment as having been terminated, and that person is to be treated for any purpose as having been dismissed by their employer.

(9) No damages are to be payable by an employer as a result of a dismissal falling within paragraph (8) in respect of any failure by the employer to pay wages to a person in respect of a notice period which the person has failed to work.

(10) Paragraphs (2), (3), and (5) to (8) are without prejudice to any right of a person arising apart from this article to terminate that person’s contract of employment without notice in acceptance of a repudiatory breach of contract by the employer.

(11) Records of Velindre University NHS Trust relating to the employment of those persons to whom paragraph (1) applies and whose contracts of employment are to transfer to DHCW pursuant to this article are to transfer to DHCW on the transfer date.