London Passenger Transport Act 1933

73 Transfer and compensation rights of officers and servants solely or mainly occupied in transferred undertakings. U.K.

(1) The provisions of this section shall apply in relation to any person who—

(a) was on the twelfth day of March, nineteen hundred and thirty-one, an officer or servant of a local authority, company or person specified in the Second Schedule to this Act; and

(b) either (i) was on the said date occupied in or in connection with the undertaking or, as the case may be, the part of the undertaking tranferred by this Act from that authority, company or person to [F1 the Executive]; or (ii) between the said date and the appointed day became so occupied on being transferred by his employers from other duties, such transfer being reasonably necessary in the ordinary course of the management of their business; and

(c) was immediately before the appointed day an officer or servant of that authority, company or person, and solely or mainly so occupied as aforesaid.

Any such person as aforesaid is in this section referred to as an “existing officer” or “existing servant”.

(2) Subject to the provisions of this Act, every existing officer or servant shall, as from the appointed day, be transferred to and become an officer or servant of [F1 the Executive] and if any question arises as to whether any person is so transferred, that question shall be determined by an arbitrator who shall be appointed by the Lord Chancellor in accordance with the provisions hereafter in this Part of this Act contained and is hereafter in this Part of this Act referred to as the “standing arbitrator”.

(3) No existing officer or servant so transferred shall, without his consent, be by reason of such transfer in any worse position in respect to the conditions of his service as a whole as compared with the conditions of service formerly obtaining with respect to him and, in determining whether an officer or servant is, or is not, in a worse position, regard shall be had to all relevant considerations, including tenure of office, remuneration, gratuities, pension, superannuation, sick fund and any other benefits or allowances, whether provided for himself or for his widow, family or representatives and whether obtaining legally or by customary practice of the authority, company or person under whom he held his office or employment.

(4) If any question arises as to whether the provisions of the last preceding subsection have been complied with, that question shall be referred to the standing arbitrator, and if the arbitrator is of opinion that those provisions have not been complied with and that the officer or servant in question has thereby suffered any loss or injury, not being a direct pecuniary loss in respect of which he is entitled to compensation under the provisions hereafter in this section contained, the arbitrator shall award to him such sum to be paid by [F1 the Executive] as he considers sufficient to compensate him for that loss or injury.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(6) [F1 The Executive] may abolish the office or post of any existing officer or servant, and any existing officer or servant required to perform duties which are not analogous to, or are an unreasonable addition to, those which as an officer or servant of the authority, company, or person from whom he is transferred he was required to perform, may relinquish his office or post; and every existing officer or servant who suffers any direct pecuniary loss in consequence of this Act by reason of such abolition or relinquishment of his office or post or otherwise and for whose compensation for that loss provision is not made by any other enactment for the time being in force, shall be entitled to receive from [F1 the Executive] in respect of that loss compensation to be determined in accordance with the provisions of the Fourteenth Schedule to this Act.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 if at any time the services of any existing officer or servant are dispensed with by [F1 the Executive] upon the abandonment, in whole or in part, of a tramway on or in connection with which he was employed by [F1 the Executive], that officer or servant shall, unless the contrary is proved, be deemed for the purposes of the last preceding subsection to have suffered a direct pecuniary loss in consequence of this Act.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(9) No existing officer or servant who is transferred to [F1 the Executive] shall be prejudiced in regard to the office or post to be assigned to him by [F1 the Executive] by reason of the appointed day in relation to the undertaking from which he was transferred being later than the appointed day in relation to any other transferred undertaking.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(11) In this part of this Act the expression “officer” includes a managing director.

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(13) Notwithstanding anything in subsection (1) of this section any person who—

(a) was on the twelfth day of March, nineteen hundred and thirty-one, occupied as an officer or servant in, or in connection with, an undertaking or, as the case may be, a part of an undertaking which has since that date been acquired by, or absorbed in, the undertaking of an authority, company or person specified in the Second Schedule to this Act; and

(b) as a consequence of such acquisition or absorption became an officer or servant of that authority, company or person occupied in, or in connection with, the undertaking or, as the case may be, the part of the undertaking transferred by this Act from that authority, company or person to [F1 the Executive]; and

(c) was immediately before the appointed day an officer or servant of that authority, company or person and solely or mainly so occupied as aforesaid;

shall be deemed to be an existing officer or servant and accordingly the provisions of this section shall apply in relation to him as they apply in relation to such a person as is mentioned in subsection (1) of this section.

Textual Amendments

F1 Words substituted by virtue of Transport Act 1962 (c. 46), Sch. 2 Pt. I and Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)(g)

F2 S. 73(5)(8)(10)(12) repealed by Statute Law Revision Act 1960 (c. 56)

F3 Words repealed by Statute Law Revision Act 1960 (c. 56)