Student Support Act 2011

11.

Employee or fixed term employee of appointed or transferring awarding authority.

11.— (1) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in section 10(2)(g) shall not, on the making of an order under section 9(1) , be brought to less beneficial conditions of remuneration than the conditions of remuneration to which he or she was subject immediately before the coming into operation of this section.

(2) The previous service of a person referred to in section 10(2)(g) shall be reckonable for the purposes of, but subject to any exceptions or exclusions in the following enactments:

( a) the Redundancy Payments Acts 1967 to 2007;

( 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 Terms of Employment (Information) Acts 1994 and 2001;

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

( g) the Unfair Dismissals Acts 1977 to 2007;

( h) the Maternity Protection Acts 1994 and 2004;

( i) the Parental Leave Acts 1998 and 2006;

( j) the Adoptive Leave Acts 1995 and 2005;

( k) the Carer’s Leave Act 2001.

(3) Any superannuation benefits awarded to or in respect of a person referred to in section 10(2)(g) and the terms relating to those benefits shall be no less favourable than those applicable to or in respect of that person immediately before the making of an order under section 9(1) .

(4) The pension payments and other superannuation liabilities of the transferring awarding authority in relation to a person referred to in section 10(2)(g) who is given a position in the appointed awarding authority under an order under section 9(1) become, on the making of the order, the liabilities of the appointed awarding authority.

(5) In this section “recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.