4(1)This paragraph applies if rights and liabilities under a contract of employment are transferred by virtue of a scheme.E+W
(2)The contract of employment—
(a)is not terminated by the transfer, and
(b)has effect from the transfer date as if made between the employee and the transferee.
(3)The rights, powers, duties and liabilities of the transferor under or in connection with the contract are transferred to the transferee on the transfer date.
(4)Anything done before the transfer date by or in relation to the transferor in respect of the contract or the employee is to be treated from that date as having been done by or in relation to the transferee.
(5)This paragraph is subject to paragraph 5.
Commencement Information
I1Sch. 3 para. 4 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)
5(1)Rights and liabilities under a contract of employment are not transferred under this Schedule if the employee informs the transferor or transferee that he objects to the transfer.E+W
(2)If the employee informs the transferor or transferee that he objects—
(a)his contract of employment is terminated immediately before the transfer date, but
(b)he is not to be treated, for any purpose, as having been dismissed by the transferor.
Commencement Information
I2Sch. 3 para. 5 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)
6E+WNothing in this Schedule affects any right a person has to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.
Commencement Information
I3Sch. 3 para. 6 in force at 1.10.2006 by S.I. 2006/2541, art. 2 (with Sch.)