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SCHEDULES

SCHEDULE 12U.K.Aviation security: further provision about transfer schemes

EmploymentU.K.

2(1)This paragraph has effect where rights, powers, duties and liabilities relating to an individual's contract of employment are transferred in accordance with a transfer scheme.U.K.

(2)The transfer does not break the continuity of the individual's employment and accordingly—

(a)the individual is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (redundancy) as having been dismissed by virtue of the transfer, and

(b)the individual's period of employment in the civil service of the Crown counts as a period of employment with the CAA for the purposes of that Act.

Commencement Information

I1Sch. 12 para. 2 in force at 11.3.2014 by S.I. 2014/262, art. 2

3(1)This paragraph has effect where—U.K.

(a)a transfer scheme contains provision for the transfer of rights, powers, duties and liabilities relating to an individual's contract of employment, but

(b)before the transfer takes effect, the individual informs the Secretary of State or the CAA that the individual objects to the transfer.

(2)Those rights, powers, duties and liabilities are not transferred under the transfer scheme.

(3)The individual's contract of employment is terminated immediately before the day on which the transfer would occur.

(4)The individual is not, for any purpose, to be regarded as having been dismissed.

(5)Nothing in this paragraph affects the individual's right to terminate the contract of employment if, apart from the change of employer, a substantial change is made to the individual's detriment in the individual's working conditions.

Commencement Information

I2Sch. 12 para. 3 in force at 11.3.2014 by S.I. 2014/262, art. 2

4(1)If a transfer scheme contains provision for the transfer of rights, powers, duties and liabilities relating to an individual's contract of employment, it may include provision with respect to the individual's eligibility to become a member of a pension scheme by virtue of employment with the CAA.U.K.

(2)The transfer scheme may include provision with respect to rights of, or rights or liabilities in respect of, the individual under—

(a)a pension scheme of which the individual may become a member by virtue of employment with the CAA, or

(b)a pension scheme of which the individual is a member by virtue of employment immediately before the transfer.

(3)In this paragraph “pension scheme” includes a scheme made under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc).

Commencement Information

I3Sch. 12 para. 4 in force at 11.3.2014 by S.I. 2014/262, art. 2