The Robert Gordon University (Transfer and Closure) (Scotland) Order 2006

Transfer of staff

6.—(1) Where a person is employed immediately before 4th October 2006 by the governing body or University, that person’s contract of employment shall have effect on or after 4th October 2006 as if originally made between that person and the new institution.

(2) Without prejudice to paragraph (1) above–

(a) all the rights, powers, duties and liabilities of the governing body and University under or in connection with a contract to which that paragraph applies, shall by virtue of this paragraph be transferred to the new institution on 4th October 2006; and

(b) anything done before that date by or in relation to the governing body or University in respect of that contract or the employee shall be deemed on or after that date to have been done by or in relation to the new institution.

(3) Paragraphs (1) and (2) above are without prejudice to any right of an employee to terminate that employee’s contract of employment if the terms and conditions of that employment are changed substantially to the employee’s detriment, but such change shall not be taken to have occurred as a reason only of the fact that the employer is changed by virtue of this article.

(4) Where a person–

(a) has, prior to 4th October 2006, entered into a contract of employment with the governing body or University which is to come into effect on or after that date; and

(b) would, if the contract had come into effect before that date, have been an employee to whom the provisions of this article would have applied,

that person shall be treated for the purposes of this article as such an employee.