3.—(1) This article applies to any person who—
(a)immediately before the transfer date is employed by Velindre NHS Trust in connection with the functions of WEDS; and
(b)has been notified in writing by their employer prior to the transfer date that they are to be transferred to HEIW.
(2) The contract of employment of any person to whom paragraph (1) applies is, on the transfer date, to be transferred to HEIW.
(3) The contract of employment of a person whose employment has transferred to HEIW under paragraph (2)—
(a)is not terminated by the transfer; and
(b)has effect from the transfer date as if originally made between that person and HEIW.
(4) Without prejudice to paragraph (3)—
(a)all the rights, powers, duties and liabilities of Velindre NHS Trust under, or in connection with, the contract of employment of any person whose employment transferred to HEIW on the transfer date under paragraph (2), are to transfer to HEIW; and
(b)any act or omission before the transfer date by, or in relation to, Velindre NHS Trust, 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, HEIW.
(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 Velindre NHS Trust that they object to becoming employed by HEIW.
(6) Where a person to whom paragraph (1) applies has objected to the transfer of that person’s contract of employment to HEIW as described in paragraph (5), the transfer operates so as to terminate that person’s contract of employment with Velindre NHS Trust.
(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 their employer.
(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 been 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 by their employer.
(9) No damages are to be payable by an employer as a result of a dismissal falling within paragraph (8) in respect of any failure by the employer 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.
(11) Records of Velindre NHS Trust relating to the employment of those persons to whom paragraph (1) applies whose contracts of employment are to transfer to HEIW pursuant to this article are to transfer to HEIW on the transfer date.