3.—(1) A protected person shall, 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 the relevant date.
(2) Any new terms and conditions of employment contained in such a statement as aforesaid shall be such that—
(a)so long as the person is engaged in duties reasonably comparable to those in which he was engaged immediately before the relevant date, 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 the relevant date.
(3) For the purposes of this Article any question as to comparability of duties shall be determined by a tribunal and for the purposes hereof a person or persons may be appointed to sit with the tribunal as assessor or assessors.
(4) A written statement given in accordance with section 4(1) of the Contracts of Employment Act 1963 shall not be regarded as a statement of new terms and conditions of employment for the purposes of this Article unless the statement so indicates; and such a statement for the purposes of this Article shall draw the attention of the person concerned to his right to have any question as to comparability of duties determined in accordance with the preceding paragraph and give him the address to which the reference of any such question for determination should be sent.
(5) For the purposes of this Article any reference to terms and conditions of employment includes a reference to any restriction, arising under any Act or any instrument made under any Act, on the termination of the employment of any person.