(1)In the case of a person who falls within section 6(1)(b) above, a scheme under that section may provide that, with effect from the NHS trust’s operational date, his contract of employment (in this section referred to as “his original contract”) shall be treated in accordance with the scheme as divided so as to constitute—
(a)a contract of employment with the NHS trust; and
(b)a contract of employment with the [F1Health Authority,][F2Special Health Authority or Primary Care Trust] by whom he was employed before that date (in this section referred to as “the transferor authority”).
(2)Where a scheme makes provision as mentioned in subsection (1) above,—
(a)the scheme shall secure that the benefits to the employee under the two contracts referred to in that subsection, when taken together, are not less favourable than the benefits under his original contract;
(b)section 6 above shall apply in relation to the contract referred to in subsection (1)(a) above as if it were a contract transferred under that section from the transferor authority to the NHS trust;
(c)so far as necessary to preserve any rights and obligations, the contract referred to in subsection (1)(b) above shall be regarded as a continuation of the employee’s original contract; F3. . .
F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where, as a result of the provisions of section 6 above, by virtue of his employment during any period after the operational date of the NHS trust,—
(a)an employee has contractual rights against an NHS trust to benefits in the event of his redundancy, and
(b)he also has statutory rights against the trust under [F4Part XI of the Employment Rights Act 1996] (redundancy payments),
any benefits provided to him by virtue of the contractual rights referred to in paragraph (a) above shall be taken as satisfying his entitlement to benefits under [F4 that Part of that Act].
Textual Amendments
F1Words in s. 7(1)(b) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 71 (with Sch. 2 paras. 6, 16)
F2Words in s. 7(1)(b) substituted (4.1.2000 for E. and otherwise in force immediately before the National Health Service Act 2006 (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act))) by the Health Act 1999 (c. 8), ss. 65, 67(1), Sch. 4 paras. 74, 78; S.I. 1999/2342, art. 2(3), Sch. 2; S.I. 2006/1407, arts. 1(1), Sch. 1 Pt. 2 {para. 6(b)}
F3In s. 7(2), para. (d) and the word "and" immediately preceding it repealed (6.2.1995) by S.I. 1995/31, reg. 6, Sch.
F4Words in s. 7(3) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 45(2)