Protection of officers transferred
13.—(1) Every officer transferred by or under articles 5 to 8, 12 or 21 to the employment of any authority shall, so long as he continues in that employment by virtue of the transfer and until he is served with a statement in writing of new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those he enjoyed immediately before 1st April 1965. The said new terms and conditions shall be such that—
(a)so long as the officer is engaged in duties reasonably comparable to those in which he was engaged immediately before 1st April 1965, the scale of his salary or remuneration, and
(b)the other terms and conditions of his employment,
are not less favourable than those he enjoyed immediately before 1st April 1965, and any question whether duties are reasonably comparable as aforesaid shall be determined by a referee or board of referees appointed by the Minister of Labour after consultation with the Lord Chancellor. The statement of new terms and conditions of employment shall contain information that any question shall be so determined and as to the person and address to whom any question should be referred.
(2) A statement of new terms and conditions of employment shall not be served—
(a)in the case of any officer who has appealed on grounds of hardship to an appeal committee established by the staff commission established under section 85(5) of the Act or of any officer in respect of whom a question has been referred under article 12—
(i)if an appeal on grounds of hardship is allowed, until— an alternative transfer has been arranged
if no alternative transfer is arranged, the expiration of 3 months from the decision of the committee or 30th September 1965, whichever is the later;
(ii)in any other case, until the decision on the appeal or question has been notified;
(b)in the case of an officer to whom article 10(2)(a) applies, unless such officer otherwise agrees, until he has been occupying the different place, situation or employment therein referred to for one month.
(3) Subject to paragraph (2), a statement of new terms and conditions of employment may be served before 1st April 1965.
(4) If after service of a statement of new terms and conditions of employment upon him (whether before 1st April 1965 or otherwise) an officer appeals on grounds of hardship as aforesaid or a question is referred in respect of him under article 12, the statement shall cease to have effect, paragraph (1) shall have effect as if the statement had not been served, and a new statement shall be served only in accordance with paragraph (2)(a).
(5) In this article, “terms and conditions of employment”
(6) A written statement given in accordance with section 4(1) of the Contracts of Employment Act 1963shall not be regarded as a statement of new terms and conditions of employment for the purposes of this article unless the statement so indicates.