The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007

Dismissal because of transfer of contract of employment

12.—(1) Where any employee of the Assembly or the Assembly Commission is dismissed by the Assembly or by the Assembly Commission (as the case may be), he shall be treated for the purpose of Part X of the 1996 Act (unfair dismissal) as unfairly dismissed if the sole or principal reason for his dismissal is—

(a) the transfer itself; or

(b) a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce.

(2) This paragraph applies where the sole or principal reason for the dismissal is a reason connected with the transfer that is an economic, technical or organisational reason entailing changes in the workforce of either the Assembly or the Assembly Commission (as the case may be) before or after the transfer of his contract of employment under article 4 .

(3) Where paragraph (2) applies—

(a) paragraph (1) shall not apply;

(b) without prejudice to the application of section 98(4) of the 1996 Act (test for fair dismissal), the dismissal shall, for the purposes of sections 98(1) and 135 of that Act (reason for dismissal), be regarded as having been for redundancy where section 98(2)(c) of that Act applies, or otherwise for a substantial reason of a kind such as to justify dismissal of an employee holding the position that the employee held.

(4) The provisions of this article apply irrespective of whether the employee in question is a listed relevant employee.

(5) Paragraph (1) shall not apply in relation to a dismissal of an employee if the application of section 94 of the 1996 Act to the dismissal of the employee is excluded by or under any provision of the 1996 Act, the 1996 Tribunals Act or the 1992 Act.