Health Act 2007

89.

Transfer of staff of Minister to Authority.

89.— (1) In this section “recognised trade union or staff association” means one recognised by the Minister for the purposes of negotiations about either or both of the following:

( a) the transfer of staff to the Authority;

( b) the remuneration, conditions of employment or working conditions of staff.

(2) On the establishment day, every person who immediately before that day was an officer of the Minister and who is designated by the Minister for the purpose of this section—

( a) is transferred to the Authority, and

( b) becomes an employee of the Authority.

(3) Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who is transferred in accordance with subsection (2) to the staff of the Authority shall not, while in the service of the Authority—

( a) receive a lesser scale of pay than the scale of pay to which he or she was entitled, or

( b) be made subject to less beneficial terms and conditions of service, including but not limited to those relating to terms of office, than the terms and conditions of service to which he or she was subject immediately before the transfer.

(4) In relation to persons transferred in accordance with subsection (2) to become an employee of the Authority, previous service in the civil service shall be reckonable for the purposes of, but subject to any exceptions or exclusions in the—

( a) Redundancy Payments Acts 1967 to 2003,

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

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

( d) Organisation of Working Time Act 1997,

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

( f) Unfair Dismissals Acts 1977 to 2005,

( g) Maternity Protection Act 1994,

( h) Parental Leave Acts 1998 and 2006,

( i) Adoptive Leave Acts 1995 and 2005, and

( j) Carer’s Leave Act 2001.