Police and Justice Act 2006

Effect of transfer of employees U.K.

43 (1) This paragraph applies if a scheme under paragraph 38 provides for the transfer of rights and liabilities under a contract of employment. U.K.

(2) The contract—

(a) is not terminated by the transfer, and

(b) has effect from the appointed time as if made between the employee and the Agency.

(3) The rights, powers, duties and liabilities of the old employer under or in connection with the contract are (by virtue of paragraph 42(1)) transferred to the Agency at the appointed time.

(4) Anything done before the appointed time by or in relation to the old employer in respect of the contract or the employee is to be treated from that time as having been done by or in relation to the Agency.

(5) Sub-paragraphs (2) to (4) have effect subject to sub-paragraph (6).

(6) If the employee informs the old employer or the Agency that he objects to the transfer—

(a) the rights, powers, duties and liabilities under or in connection with the contract are not transferred by virtue of the scheme, and

(b) the contract is terminated immediately before the appointed time, but the employee is not to be treated, for any purpose, as having been dismissed.

(7) In this paragraph “the appointed time” means the time appointed by or under the scheme for the transfer of rights and liabilities under the contract.

(8) Nothing in this Part of this Schedule affects any right the employee 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

I1 Sch. 1 para. 43 in force at 1.4.2007 by S.I. 2007/709, art. 3(a) (with arts. 6, 7)