National Health Service Act 1977

[F1 Part V E+W+S Transfer of staff

Textual Amendments

F1 Sch. 5A inserted (8.9.1999, 4.1.2000 and 1.4.2000 for specified purposes for E., and otherwise prosp.) by 1999 c. 8, s. 2(2), Sch. 1; S.I. 1999/2342, art. 2(2)(b)(3)(a)(4)(a), Schs. 1, 2, 3

23 (1) The Secretary of State may by order transfer to a Primary Care Trust any specified description of employees to which this paragraph applies. E+W+S

(2) This paragraph applies to employees of—

[F2 (a) a Strategic Health Authority,]

(b) an NHS trust,

(c) a Primary Care Trust.

(3) An order may be made under this paragraph only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred.

Textual Amendments

F2 Sch. 5A Pt. 5 para. 23(2)(a) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 1(3), 42(3), Sch. 1 Pt. 1 para. 35(5); S.I. 2002/2478, art. 3(1)(c)

24 (1) The contract of employment of an employee transferred under paragraph 23 above— E+W+S

(a) is not terminated by the transfer, and

(b) has effect from the date of the transfer as if originally made between the employee and the Primary Care Trust to which he is transferred.

(2) Without prejudice to sub-paragraph (1) above—

(a) all the rights, powers, duties and liabilities of the body from which an employee is transferred under paragraph 23 above under or in connection with his contract of employment shall by virtue of this sub-paragraph be transferred to the Primary Care Trust to which the employee is transferred under that paragraph, and

(b) anything done before the date of the transfer by or in relation to the body from which he is so transferred in respect of the employee or the contract of employment shall be deemed from that date to have been done by or in relation to the Primary Care Trust to which he is transferred.

(3) Sub-paragraphs (1) and (2) above do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the body from which they would be transferred, or the Primary Care Trust to which they would be transferred, that he objects to the transfer.

(4) Where an employee objects as mentioned in sub-paragraph (3) above his contract of employment with the body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that body.

(5) This paragraph is without prejudice to any right of an employee to which paragraph 23 above applies to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

25 (1) Where an employee is to be transferred by an order under paragraph 23 above but is to continue to be employed for certain purposes by the transferor, the order may provide that the contract of employment of the employee shall, on the date on which the employee is transferred, be divided so as to constitute two separate contracts of employment between the employee and the transferor and the employee and the Primary Care Trust in question. E+W+S

(2) Where an employee’s contract of employment is divided as provided under sub-paragraph (1) above, the order shall provide for paragraph 24 above to have effect in the case of the employee and his contract of employment subject to appropriate modifications.

26 E+W+S Where a Primary Care Trust is dissolved, an order under paragraph 20 above includes power to transfer employees of the trust and the order may make any provision in relation to the transfer of those employees which is or may be made in relation to the transfer of employees under paragraph 23 above.]