SCHEDULES
SCHEDULE 1THE FISHERIES CONSERVANCY BOARD FOR NORTHERN IRELAND
PART 1TRANSFER OF ASSETS, LIABILITIES, STAFF, ETC.
Transferring employees
3
1
This paragraph applies to persons who immediately before the appointed day are employed by the Board.
2
The Department shall make a scheme providing for the transfer as from the appointed day of persons to whom this paragraph applies to the employment of the Department.
3
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) apply to a transfer effected by the scheme whether or not the transfer would, apart from this paragraph, be a relevant transfer for the purposes of those regulations.
4
The scheme shall—
a
identify 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 that transfer.
5
Procedures under sub-paragraph (4)(c) must involve consideration of grievances by a person other than—
a
a member, or member of staff, of the Board; or
b
a member of the Northern Ireland civil service.
6
The scheme may include supplementary, incidental, transitional and consequential provision.
7
Before making the scheme the Department shall consult—
a
in the case of a scheme which identifies transferring employees by name, those employees; and
b
in the case of a scheme which identifies transferring employees in any other way, such persons as appear to the Department to be representative of transferring employees.
8
For the purposes of this paragraph—
a
“pension protection” is secured for a transferring employee if after the change of employer effected by the scheme the employee has, as a member of the Northern Ireland civil service, rights to acquire pension benefits and those rights are the same as or (taken as a whole) no less favourable than those that the transferring employee had as an employee of the Board;
b
“the scheme” means the scheme made under this paragraph; and
c
“transferring employee” means an employee of the Board who is transferred to the employment of the Department by the scheme.