The Edinburgh College of Art (Transfer) (Scotland) Order 2011

Transfer of staff

9.—(1) All employees of the transferor are transferred to the transferee and their contracts of employment shall have effect as if originally made between that person and the transferee.

(2) In particular—

(a) all the rights, powers, duties and liabilities of the transferor under or in connection with a contract to which paragraph (1) applies are transferred to the transferee; and

(b) anything done before the transfer by or in relation to the transferor in respect of that contract or the employee shall be deemed to have been done by or in relation to the transferee.

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

(4) Paragraphs (1) and (2) apply to a person who has entered into a contract of employment with the transferor which is to come into effect after the coming into force of this article; and who would, if the contract had come into effect before that date, have been an employee to whom those paragraphs would have applied.