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Changes over time for: Transfer of staff
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 01/01/2006.
Changes to legislation:
The Colleges of Education (Northern Ireland) Order 2005, Transfer of staff is up to date with all changes known to be in force on or before 30 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Transfer of staffN.I.
3.—(1) On the transfer date each relevant employee transfers to and becomes a member of the staff of the governing body.N.I.
(2) The contract of employment of a relevant employee transferred under this paragraph—
(a)is not terminated by the transfer;
(b)has effect from the transfer date as if originally made between the employee and the governing body.
(3) Accordingly—
(a)all rights, powers, duties and liabilities of a relevant department under or in connection with the contract of employment are transferred to the governing body on the transfer date; and
(b)anything done before that date by or in relation to a relevant department in respect of that contract or the relevant employee is to be treated as from that date as having been done by or in relation to the governing body.
(4) But if a relevant employee informs a relevant department before the transfer date that he objects to the transfer of his contract of employment under this paragraph—
(a)sub-paragraphs (1) to (3) do not apply in relation to him; and
(b)the contract of employment is terminated immediately before the transfer day, but the relevant employee is not to be treated, for any purpose, as having been dismissed by a relevant department.
(5) Sub-paragraph (4) does not affect any right of a relevant employee 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.
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