Water Services (No. 2) Act 2013

19.

Transfer of staff

19. (1) A local authority may, after consultation with Irish Water, designate for employment by Irish Water such members of its staff as it considers appropriate.

(2) (a) A local authority shall, not later than 6 months before making a designation under this section in respect of a member of its staff, notify the member in writing that it proposes to make such a designation and that he or she or any trade union of which he or she is a member may, within such period as is specified in the notification, make representations to the local authority in respect of the proposal.

(b) A local authority shall, before making a designation under this section in respect of a member of its staff consider any representations made in accordance with the notification under paragraph (a) by or on behalf of the member.

(3) Irish Water shall accept into its employment on an employment transfer day each person who immediately before that day—

(a) stood designated under this section for employment by Irish Water, and

(b) was a member of the staff of the local authority to which that employment transfer day applies,

on such terms and conditions of service, including terms and conditions relating to remuneration, as (save in accordance with a collective agreement negotiated with a recognised trade union or staff association) are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before that day.

(4) In relation to persons accepted into the employment of Irish Water in accordance with this section, previous service with a local authority shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2012, the Protection of Employees (Part-Time Work) Act 2001, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Unfair Dismissals Acts 1977 to 2007.