The Local Government Changes for England (Staff) Regulations 1995

Transfers of Staff

4.—(1) This regulation applies to any person (“a designated employee”) who—

(a) immediately before the reorganisation date is employed by an abolished authority or a transferor authority;

(b) whose employment would continue—

(i) in the case of an abolished authority, but for the winding up and dissolution of that authority,

(ii) in the case of a transferor authority, but for the transfer of local government functions from that authority to a unitary authority; and

(c) whose employment is transferred by an order made under the 1992 Act for the transfer of staff from that authority to a principal council (“the new employer”) specified in the order.

(2) The contract of employment between a designated employee and an abolished authority or a transferor authority shall have effect on the reorganisation date as if originally made between him and the new employer specified in the order.

(3) Without prejudice to paragraph (2)—

(a) on the reorganisation date all the rights, powers, duties and liabilities of the abolished authority or the transferor authority under, or in connection with, that authority’s contract of employment with a designated employee shall by virtue of this regulation be transferred to the new employer; and

(b) anything done by or in relation to the abolished authority or the transferor authority before the reorganisation date with respect to the designated employee or his contract of employment shall be deemed after that date to have been done by or in relation to the new employer.

(4) Neither this regulation nor any order for the transfer of staff made under the 1992 Act shall operate to transfer the contract of employment of a designated employee and the rights, powers, duties and liabilities under, or in connection with it, if before the reorganisation date that employee informs the abolished authority or the transferor authority that he objects to becoming employed by the new employer.

(5) Where a designated employee so objects, his employment with the abolished or transferor authority shall be treated as having terminated on the reorganisation date, but he shall not be treated for any purpose as having been dismissed by that authority.

(6) Nothing in this regulation affects any right of a designated employee to terminate his contract of employment if a substantial change is made in his working conditions, to his detriment, but no such right shall arise by reason only of the change of employer effected by an order for the transfer of staff made under the 1992 Act.