SCHEDULE 4Provisions relating to the transfer

Contracts of employment6

1

Except where objection is made under the following paragraph, the transfer does not operate so as to terminate the contract of employment of any person employed by a dissolved body and assigned to the Agriculture and Horticulture Development Board that would otherwise be terminated by the transfer, but the contract has effect after the transfer as if originally made between the employee and the Agriculture and Horticulture Development Board.

2

In respect of a contract of employment that is transferred by this Order, any purported variation of the contract is void if the sole or principal reason for the variation is—

a

the transfer itself; or

b

a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce.

3

This does not prevent the employer and employee from agreeing a variation of that contract if the sole or principal reason for the variation is—

a

a reason connected with the transfer that is an economic, technical or organisational reason entailing changes in the workforce; or

b

a reason unconnected with the transfer.