The NHS Commissioning Board Authority (Abolition and Transfer of Staff, Property and Liabilities) and the Health and Social Care Act 2012 (Consequential Amendments) Order 2012

Transfer of staff to the Board

4.—(1) This paragraph applies to any person who—

(a) immediately before the transfer date is employed by the Authority; and

(b) has been notified in writing by the Authority prior to the transfer date that they are to be transferred to the Board.

(2) Any person to whom paragraph (1) applies is, on the transfer date, to be transferred to the employment of the Board.

(3) The contract of employment of a person whose employment has transferred to the Board under paragraph (2)—

(a) is not terminated by that transfer; and

(b) has effect from the transfer date as if originally made between that person and the Board.

(4) Without prejudice to paragraph (3)—

(a) all the rights, powers, duties and liabilities of the Authority under, or in connection with, the contract of employment of any person whose employment transferred to the Board on the transfer date under paragraph (2), are to transfer to the Board; and

(b) any act or omission before the transfer date by, or in relation to, the Authority, in respect of that person or that person’s contract of employment, is deemed to have been an act or omission of, or in relation to, the Board.

(5) Paragraphs (2) to (4) do not have effect to transfer the contract of employment of a person to whom paragraph (1) applies, or any rights, powers, duties and liabilities under, or in connection with, that contract, if, before the transfer date, that person informs the Authority that they object to becoming employed by the Board.

(6) Where a person to whom paragraph (1) applies has objected to the transfer of that person’s contract of employment to the Board as described in paragraph (5), the transfer operates so as to terminate that person’s contract of employment with the Authority.

(7) Subject to paragraph (8), a person whose contract of employment is terminated in accordance with paragraph (6) is not to be treated, for any purpose, as having been dismissed by the Authority.

(8) Where the transfer involves or would involve a substantial change in the working conditions to the material detriment of a person whose employment is or would have transferred under paragraph (2), that person may treat the contract of employment as having been terminated, and that person is to be treated for any purpose as having been dismissed.

(9) No damages are to be payable by the Authority or the Board as a result of a dismissal falling within paragraph (8) in respect of any failure by the Authority or the Board to pay wages to a person in respect of a notice period which the person has failed to work.

(10) Paragraphs (2), (3) and (5) to (8) are without prejudice to any right of a person arising apart from this article to terminate that person’s contract of employment without notice in acceptance of a repudiatory breach of contract by the employer.