The Equality Commission for Northern Ireland (Supplementary Provisions) (Northern Ireland) Order 1999

Transfer of employees

4.—(1) Subject to paragraphs (2) and (3), this Article applies to a person who immediately before the transfer day is employed by a dissolved body.

(2) This Article does not apply to a person if his contract of employment terminates on the day immediately before the transfer day.

(3) Where a person–

(a) has, prior to the transfer day, entered into a contract of employment with a dissolved body which is to come into effect on or after that day; and

(b) would, if the contract had come into effect before that day, have been a person to whom this Article applies, he shall be treated as if he were a person to whom this Article applies.

(4) A contract of employment between a person to whom this Article applies and a dissolved body shall have effect as from the transfer day as if originally made between that person and the Commission.

(5) Without prejudice to paragraph (4)–

(a) all the dissolved body’s rights, powers, duties and liabilities under or in connection with a contract to which that paragraph applies shall by virtue of this Article be transferred to the Commission on the transfer day; and

(b) anything done before that day by or in relation to the dissolved body in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the Commission.

(6) Paragraphs (4) and (5) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this Article.