Provision in relation to employees transferred
6.—(1) Upon the transfer of the employment of an employee in accordance with article 4(3) or article 5(3)–
(a)a contract of employment shall not be terminated by the transfer but shall have effect as if originally made between the employee transferred and the Health Board to which the employment of the employee is transferred;
(b)all of the rights, powers, duties and liabilities of Argyll and Clyde Health Board under or in connection with a contract of employment shall transfer to the Health Board to which the employment of the employee is transferred; and
(c)anything done before the transfer by or in relation to Argyll and Clyde Health Board in respect of any contract of employment or an employee shall be deemed to have been done by or in relation to the Health Board to which the employment of the employee is transferred.
(2) The provisions of this Part are without prejudice to any right of any employee whose employment is transferred in accordance with article 4(3) or article 5(3) to terminate that employee’s contract of employment if a substantial change is made to that employee’s detriment in that employee’s terms and conditions; but no such right shall arise by reason only of the change in employer effected by article 4(3) or article 5(3).
(3) Where at the time of transfer in accordance with article 4(3)or article 5(3) there exists–
(a)a collective agreement made by or on behalf of Argyll and Clyde Health Board with a trade union recognised by Argyll and Clyde Health Board in respect of an employee whose contract is transferred; or
(b)a workforce agreement between Argyll and Clyde Health Board and workers employed by Argyll and Clyde Health Board in respect of an employee whose contract is transferred,
then, without prejudice to any rule of law as to the enforceability of such agreements, that agreement in its application to that employee shall, after the transfer, have effect as if made by or on behalf of the Health Board to which the employment of the employee is transferred, and anything done under or in connection with it by or in relation to Argyll and Clyde Health Board before the transfer, shall, after the transfer, be deemed to have been done by or in relation to the Health Board to which the employment of the employee is transferred.
(4) In this article–
“collective agreement” has the meaning given to it in section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992(1); and
“workforce agreement” has the meaning given to it in regulation 2 of the Working Time Regulations 1998(2).
S.I. 1998/1833.