Education and Training Boards Act 2013

58.

Transfer of staff.

58.— (1) ( a) Subject to paragraph (b) every person who, immediately before the establishment day, was a member of the staff of a dissolved body shall, on the establishment day become and be a member of the staff of the relevant education and training board.

( b) Every person who, immediately before the establishment day, was a fixed-term employee of a dissolved body shall, on the establishment day, become and be a fixed-term employee of the relevant education and training board for the duration of his or her contract of employment.

(2) A person referred to in subsection (1), other than a person to whom section 24(5) of the Act of 1998 applies, may be transferred, in accordance with procedures determined from time to time by the Minister with the consent of the Minister for Public Expenditure and Reform following consultation with recognised trade unions and staff associations representing the persons concerned, to—

( a) any other education and training board, or

( b) a public service body other than an education and training board.

(3)( a) Subject to paragraph (b) a person transferred in accordance with subsection (2) shall, in accordance with procedures determined under that subsection, become and be a member of staff of the education and training board or the public service body to which he or she is transferred.

( b) Every person who, immediately before the date on which he or she was transferred in accordance with subsection (2), was a fixed-term employee of an education and training board shall, on that date, become and be a fixed-term employee of the education and training board or public service body to which he or she is transferred, for the duration of his or her contract of employment.

(4) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association concerned—

( a) a person referred to in subsection (1) shall not, on the establishment day, be brought to less beneficial conditions of remuneration than the conditions of remuneration to which he or she was subject immediately before the establishment day, and

( b) a person referred to in subsection (2) shall not, on the date on which he or she is transferred in accordance with that subsection, be brought to less beneficial conditions of remuneration than the conditions of remuneration to which he or she was subject immediately before the date on which he or she was so transferred.

(5) In subsection (4), a reference to conditions of remuneration does not include conditions in relation to superannuation.

(6) In relation to a person referred to in subsection (1) or (2), previous service with the body from which the person was transferred shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

( a) the Redundancy Payments Acts 1996 to 2011;

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

( c) the Act of 2003;

( d) the Organisation of Working Time Act 1997;

( e) the Terms of Employment (Information) Acts 1994 to 2012;

( 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.

(7) In this section—

“Act of 2003” means the Protection of Employees (Fixed-Term Work) Act 2003;

“contract of employment” has the same meaning as it has in the Act of 2003;

“fixed-term employee” has the same meaning as it has in the Act of 2003;

“recognised trade union or staff association” means a trade union or staff association recognised by the Minister for the purpose of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.