Employment Act 1989

Transfer of staff employed in Skills Training Agency E+W+S

26 Transfer of staff employed in Skills Training Agency. E+W+S

(1) If the Secretary of State makes arrangements—

(a) for any designated undertaking to be carried on by some other person as from a particular date, and

(b) for that person to become the employer of the persons who, immediately before that date, are employed in the civil service of the State in that undertaking,

this section shall have effect in relation to those employees.

(2) In this section—

• “designated undertaking” means such activities as the Secretary of State may by order designate for the purposes of this section, being—

(a) all or any of the activities for the time being carried on at or from any Skillcentre specified in the order, or

(b) all or any of the activities so carried on at or from any two or more Skillcentres so specified, or

(c) any other activities for the time being carried on by the Skills Training Agency;

• “the new employer” means the person referred to in subsection (1)(a);

• “the relevant employees” means the employees referred to in subsection (1)(b); and

• “the specified date” means the date referred to in subsection (1)(a).

(3) The M1 Transfer of Undertakings (Protection of Employment) Regulations 1981 shall apply in relation to the relevant employees in accordance with subsections (4) and (5).

(4) For the purposes of the application of those Regulations in relation to any of those employees, the designated undertaking referred to in subsection (1)(a) shall (whether or not it would otherwise be so regarded) be regarded—

(a) as an undertaking within the meaning of those Regulations which is transferred from the Secretary of State to the new employer on the specified date, and

(b) as being so transferred by a transfer to which those Regulations apply and which is completed on that date.

(5) Those Regulations shall apply in relation to any of the relevant employees as if, as respects any time before the specified date—

(a) any reference to a person’s contract of employment included a reference to his employment in the civil service of the State or to the terms of that employment, as the context may require, and

(b) any reference to the dismissal of a person included a reference to the termination of his employment in that service.

(6) Where any person is, in pursuance of any arrangements falling within subsection (1), to cease to be employed in the civil service of the State and to become employed by the new employer, none of the agreed redundancy procedures applicable to persons employed in that service shall apply to him.

(7) Where, in pursuance of any such arrangements, a person ceases to be employed in the civil service of the State and becomes employed by the new employer, he shall not, on ceasing to be employed in that service, be treated for the purposes of any scheme under section 1 of the M2 Superannuation Act 1972 as having been retired on redundancy.

(8) A certificate issued by the Secretary of State to the effect that a person was, immediately before a particular date, employed in the civil service of the State in a designated undertaking shall be conclusive evidence of the facts stated in the certificate.

Marginal Citations

M1 S.I. 1981/1794.

M2 1972 c. 11.