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The Education (New Schools) (England) Regulations 1999

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Rights and liabilities under contract of employment

43.  Without prejudice to the generality of regulation 42, where that regulation effects a transfer of rights and liabilities under a contract of employment—

(a)the contract shall have effect from the incorporation date as if originally made between the employee and the incorporated governing body, and

(b)without prejudice to sub-paragraph (a) above, anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the incorporated governing body,

but no right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions shall arise by reason only of the change of employer effected by that regulation.

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