(1)The provision that may be made by transfer instrument includes provision for or in connection with the transfer of—
(a)rights and liabilities under contracts of employment; or
(b)members of police forces and other persons in relation to whom paragraph (a) above does not apply.
(2)Subsections (3) to (5) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.
(3)Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect shall be treated on and after that day as done by or in relation to the transferee.
(4)For the purposes of Part XI of the M1Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.
(5)For the purposes of that Act, the employee’s period of employment with the transferor shall count as a period of employment with the transferee, and the change of employment shall not break the continuity of the period of employment.
(6)In this section—
(a)any reference to anything made or done by or in relation to the transferor includes a reference to anything which is treated by virtue of any enactment as having been made or done by or in relation to the transferor; and
(b)any reference to an employee’s period of employment with the transferor shall be construed accordingly.
(7)In the application of this section to a person employed in the civil service of the State—
(a)any reference to employment includes a reference to employment in that service;
(b)any reference to a contract of employment includes a reference to the terms of that employment; and
(c)any reference to dismissal includes a reference to the termination of that employment.
(8)Where a transfer instrument makes provision for or in connection with a transfer falling within subsection (1)(b) above, the provision that may be made includes provision for or in connection with applying subsections (3) to (7) above (with or without modifications) in relation to or otherwise in connection with the transfer.
(9)In this section “transfer instrument” means—
(a)an order under section 408 above; or
(b)a scheme under section 409 above.
Commencement Information
I1S. 410 wholly in force at 12.1.2000; by virtue of s. 425(2) it is provided that this Act comes into force at Royal Assent in regards to any power of a Minister of the Crown to make regulations or an order; s. 410 in force at 12.1.2000 by S.I. 1999/3434, art. 2
Marginal Citations