SCHEDULES
SCHEDULE 2TRANSFER SCHEMES
Employment contract
4
1
This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.
2
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to the transfer whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of those regulations.
3
The scheme shall—
a
identify the transferring employees (whether by name or otherwise);
b
include provision securing pension protection for such employees;
c
include provision for procedures designed to resolve any grievances of such employees arising in relation to matters dealt with by the scheme; and
d
include provision for the payment of compensation by the Department to any such employee who suffers loss or detriment in consequence of the scheme.
4
Before making the scheme the Department shall consult—
a
in the case of a scheme identifying the transferring employees by name, those employees; and
b
in the case of a scheme identifying the transferring employees in any other way, such persons as appear to the Department to be representative of the transferring employees.
5
For the purposes of sub-paragraphs (3) and (4)—
a
“transferring employee” means an employee of an education and library board whose contract of employment becomes, by virtue of sub-paragraph (2), a contract of employment with the Authority;
b
“pension protection” is secured for a transferring employee (“T”) if after the change in T's employer T has, as an employee of the Authority, rights to acquire pension benefits and those rights are the same as or (taken as a whole) not less favourable than those which T had as an employee of the education and library board.
6
Procedures under sub-paragraph (3)(c) must involve consideration of grievances by a person other than—
a
a member, or member of staff, of an education and library board;
b
a member, or member of staff, of the Authority; or
c
a member of staff of the Department.