9Transfer of employees otherwise than under transfer schemeU.K.
(1)This section applies if an agreement between companies within subsection (3) provides for the transfer from one to the other of rights and liabilities under contracts of employment.
(2)This section also applies if—
(a)employees of a company within subsection (3) (“company A”) are provided to another company within that subsection (“company B”),
(b)an agreement between the companies provides for the employees to cease to be provided to company B, and
(c)company B intends to employ the employees.
(3)A company is within this subsection if—
(a)it is the original holding company or a subsidiary of that company, and
(b)it is wholly owned by the Crown.
(4)At any time before the agreement comes into force, the Secretary of State may—
(a)in a case within subsection (1), designate any contract of employment the rights and liabilities under which are to be transferred under the agreement, and
(b)in a case within subsection (2), designate any employee of company A who is provided as mentioned in subsection (2)(a).
(5)The designation may specify or describe the contracts of employment or employees.
(6)On the coming into force of the agreement, the Transfer of Undertakings (Protection of Employment) Regulations 2006 apply in relation to—
(a)the transfer of designated contracts of employment, and
(b)the cessation of the provision of designated employees to company B,
whether or not the agreement would otherwise be regarded for the purposes of those regulations as giving rise to a relevant transfer.
(7)Where by virtue of the agreement a designated employee of a company within subsection (3) (“the transferor”) becomes an employee of another company within that subsection (“the transferee”)—
(a)a period of employment with the transferor is to be treated as a period of employment with the transferee, and
(b)the transfer to the transferee is not to be treated as a break in service.
Commencement Information
I1S. 9 in force at 1.10.2011 by S.I. 2011/2329, art. 3