3E+WThe transfer by paragraph 2 of the rights and liabilities relating to an individual’s contract of employment does not break the continuity of his employment, and, accordingly—
(a)he is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) as having been dismissed by virtue of the transfer, and
(b)his period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act.
Commencement Information
I1Sch. 8 para. 3 in force at 11.3.2004 by S.I. 2004/759, art. 5(1)(a)
4(1)Paragraph 2 does not operate to transfer the rights and liabilities under an individual’s contract of employment if, before the transfer takes effect, he informs the transferor or transferee that he objects to the transfer.E+W
(2)Where an individual does inform the transferor or transferee as specified in sub-paragraph (1), his contract of employment with the transferor is terminated immediately before the date on which the transfer would occur; but he shall not, for any purpose, be regarded as having been dismissed by the transferor.
(3)This paragraph is without prejudice to any right of an individual employed by a transferor to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.
Commencement Information
I2Sch. 8 para. 4 in force at 11.3.2004 by S.I. 2004/759, art. 5(1)(a)
5E+WFor the purposes of this Schedule, where a person holds any office or employment under the Crown on terms which do not constitute a contract of employment between that person and the Crown—
(a)he shall be regarded as employed by the Crown by virtue of a contract of employment;
(b)the terms of his employment shall be regarded as constituting the terms of that contract; and
(c)in relation to such a person, the reference in paragraph 4(2) to dismissal by the transferor is to termination of his employment by the Crown.
Commencement Information
I3Sch. 8 para. 5 in force at 11.3.2004 by S.I. 2004/759, art. 5(1)(a)