Health Act 2007

88.

Transfer of employees of specified bodies to Authority.

88.— (1) In this section and section 90

“previous service” means service with a specified body before the applicable transfer day;

“recognised trade union or association of employees” means—

( a) a trade union, or

( b) an association of employees,

recognised by the Authority for the purposes of negotiations that are concerned with the terms and conditions of employment;

“terms and conditions of employment” includes terms and conditions in respect of tenure of office, remuneration and related matters.

(2) On the establishment day each person who, immediately before that day, was an employee of a specified body—

( a) is transferred to the Authority, and

( b) becomes an employee of the Authority.

(3) Except in accordance with a collective agreement negotiated with a recognised trade union or association of employees, a person transferred under this section is entitled while in the employment of the Authority to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the establishment day.

(4) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the establishment day are varied by the Authority after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, the terms and conditions continue to apply to the person in the employment of the Authority.

(5) The previous service of a person transferred to the Authority under this section is to be counted as service for the purposes of, but subject to, any exceptions or exclusions in the following Acts:

( a) the Redundancy Payments Acts 1967 to 2003;

( b) the Protection of Employees (Part-Time Work) Act 2001;

( c) the Protection of Employees (Fixed-Term Work) Act 2003;

( d) the Organisation of Working Time Act 1997;

( e) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

( f) the Unfair Dismissals Acts 1977 to 2005;

( g) the Maternity Protection Act 1994;

( h) the Parental Leave Acts 1998 and 2006;

( i) the Adoptive Leave Acts 1995 and 2005;

( j) the Carer’s Leave Act 2001.