Health Act 2007

90.

Transfer of employees of Executive to Authority.

90.— (1) The chief executive officer of the Executive, in consultation with the Authority, may designate employees of the Executive for transfer to the Authority.

(2) Any employee of the Executive transferred to the Authority under this section 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 date of his or her transfer to the Authority.

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

(5) The previous service of a person transferred 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.