The Health Research Authority (Transfer of Staff, Property and Liabilities) and Care Act 2014 (Consequential Amendments) Order 2014

Transfer of staff

2.—(1) This paragraph applies in relation to any person who—

(a) immediately before the transfer date is employed by the Authority; and

(b) has, before the transfer date, been notified in writing by the Authority that they are to be transferred to the HRA(1) on that date.

(2) Any person to whom paragraph (1) applies is, on the transfer date, to be transferred to the employment of the HRA.

(3) The contract of employment of a person whose employment has transferred to the HRA under paragraph (2)—

(a) is not terminated by the transfer; and

(b) has effect from the transfer date as if originally made between that person and the HRA.

(4) Without prejudice to paragraph (3)—

(a) all the rights, powers, duties and liabilities of the Authority under, or in connection with, its contract of employment with a person transferred under paragraph (2), are to transfer to the HRA on the transfer date; and

(b) any act or omission before the transfer date of, or in relation to, the Authority, in respect of that person or that person’s contract of employment, is deemed to have been an act or omission of, or in relation to, the HRA.

(5) Paragraphs (2) to (4) do not operate to transfer the contract of employment of a person to whom paragraph (1) applies, or any rights, powers, duties and liabilities under, or in connection with, that contract, if before the transfer date that person informs the HRA or the Authority that they object to becoming employed by the HRA.

(6) Where a person to whom paragraph (1) applies has objected to the transfer of that person’s contract of employment to the HRA as described in paragraph (5), the transfer operates so as to terminate that person’s contract of employment with the Authority.

(7) Subject to paragraph (8), a person whose contract of employment is terminated in accordance with paragraph (6) is not to be treated, for any purpose, as having been dismissed by the Authority.

(8) Where the transfer involves or would involve a substantial change in the working conditions to the material detriment of a person whose employment is or would have transferred under paragraph (2) that person may treat the contract of employment as having been terminated, and that person shall be treated for any purpose as having been dismissed by the employer.

(9) No damages shall be payable by an employer as a result of a dismissal falling within paragraph (8) in respect of any failure by the employer to pay wages to a person in respect of a notice period which the person has failed to work.

(10) Paragraphs (2), (3) and (5) to (8) are without prejudice to any right of a person arising apart from this article to terminate that person’s contract of employment without notice in acceptance of a repudiatory breach of contract by the employer.

(1)

Section 109(1) of the Act establishes a body corporate known as the Health Research Authority (“the HRA”).