11(1)In this and the following paragraph “present employee” means a person who immediately before the repeal date is employed by the Board or the Community Relations Commission.
(2)This sub-paragraph applies to any present employee—
(a)who is employed by the Commission as from the repeal date; or
(b)who was offered employment with the Commission as from that date on terms which, taken as a whole, are not less favourable than those on which he was employed at the time of the offer, but unreasonably refused the offer.
(3)For the purposes of [F1Part VI of the M1Employment Protection (Consolidation) Act 1978]and any scheme under section 1 of the M2Superannuation Act 1972 a present employee to whom sub-paragraph (2) above applies shall not be treated as having been dismissed by reason of, or retired on, redundancy on his ceasing to be employed by the Board or the Community Relations Commission (as the case may be).
(4)For the purposes of—
[F2(a)the M3Employment Protection (Consolidation) Act 1978 except Part VI of that Act;]
(c)the M4Employment Protection Act 1975; and
(d)any scheme under section 1 of the M5Superannuation Act 1972,
there shall be deemed to have been no break at the repeal date in the employment of a present employee who as from that date is employed by the Commission.
(5)Any liability to pay a redundancy payment under the M6Redundancy Payments Act 1965 to an employee of the Community Relations Commission which arises on the repeal date and which, if it had so arisen without that Commission ceasing to exist, would have arisen as a liability of that Commission, shall instead be a liability of the Secretary of State.
Textual Amendments
F1Words inserted by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 25(1)(4)(a)
F2Para. 11(4)(a) substituted for para. 11(4) (a)(b) by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 16 para. 25(1)(4)(b)
Marginal Citations