Residential Institutions Statutory Fund Act 2012

36.

Transfer of employees.

36.— (1) Each person, who immediately before the commencement of this Part, was an employee of the dissolved body is, on that commencement, transferred to and becomes an employee of the Board.

(2) Except in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person transferred under this section shall not, on the commencement of this Part, be brought to less beneficial conditions of remuneration than the conditions of remuneration to which the person was subject immediately before the commencement of this Part while in the employment of the dissolved body.

(3) 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 2011,

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

( c) the Unfair Dismissals Acts 1977 to 2007,

( d) the Terms of Employment (Information) Acts 1994 and 2001,

( e) the Maternity Protection Acts 1994 and 2004,

( f) the Adoptive Leave Acts 1995 and 2005,

( g) the Organisation of Working Time Act 1997,

( h) the Parental Leave Acts 1998 and 2006,

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

( j) the Carer’s Leave Act 2001, and

( k) the Protection of Employees (Fixed-Term Work) Act 2003.

(4) ( a) The Board may, subject to subsection (2) and following consultation with any recognised trade union or staff association concerned, redistribute or rearrange the duties performed by members of the staff of the Board who are employed in a particular grade or class of employment and every such member or person shall be bound to perform the duties allotted to him or her in any distribution or rearrangement.

( b) A redistribution or rearrangement referred to in paragraph (a) shall not be taken to be a removal from or abolition of office for the purposes of any scheme or enactment relating to superannuation or compensation for loss of office.

(5) In this section—

“consultation” has the meaning assigned to it by section 1 of the Employees (Provision of Information and Consultation) Act 2006;

“previous service” means service before the commencement of this Part with the dissolved body;

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