High Speed Rail (London - West Midlands) Act 2017

Transfer of employees and continuity of employment U.K.

3 (1) This paragraph applies where rights, powers, duties and liabilities relating to a person's contract of employment are transferred in accordance with a transfer scheme. U.K.

(2) The transfer does not break the continuity of the person's employment, and accordingly—

(a) the person is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (redundancy) as having been dismissed by virtue of the transfer, and

(b) the person's period of employment with the transferor counts, for the purposes of that Act, as a period of employment with the transferee.

4 (1) This paragraph applies where— U.K.

(a) a transfer scheme provides for the transfer of rights, powers, duties and liabilities relating to a person's contract of employment, but

(b) before the transfer takes effect, the person informs the transferor or transferee that the person objects to the transfer.

(2) Those rights, powers, duties and liabilities are not transferred to the transferee.

(3) The person's contract of employment is terminated immediately before the day on which the transfer would have occurred.

(4) The person is not, for any purpose, to be regarded as having been dismissed.

(5) Nothing in this paragraph affects the person's right to terminate the contract of employment if, apart from the change of employer, a substantial change is made to the person's detriment in his or her working conditions.

5 (1) If a transfer scheme provides for the transfer of rights, powers, duties and liabilities relating to a person's contract of employment, it may include provision with respect to the person's eligibility to become a member of a pension scheme by virtue of employment with the transferee. U.K.

(2) The transfer scheme may include provision with respect to rights of, or rights or liabilities in respect of, the person under—

(a) a pension scheme of which the person may become a member by virtue of employment with the transferee, or

(b) a pension scheme of which the person is a member by virtue of employment immediately before the transfer.

6 U.K. Where a person holds employment in the civil service of the State on terms which do not constitute a contract of employment—

(a) the person is to be treated for the purposes of this Schedule as employed under a contract of employment,

(b) the terms of the employment in the civil service of the State are to be treated for those purposes as the terms of that contract, and

(c) the reference in paragraph 4 to dismissal is to be read as a reference to termination of the employment in the civil service of the State.