Health Act 2004

Transfer of employees of specified bodies to Executive.

60

60.—(1) Each person who, immediately before the establishment day, was an employee of a specified body is, on that day, transferred to and becomes an employee of the Executive.

(2) 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 Executive, to terms and conditions of employment no less favourable than those to which the person was entitled immediately before the establishment day.

(3) Until the terms and conditions of employment to which a person transferred under this section was entitled immediately before the establishment day are varied by the Executive after consulting and reaching a collective agreement with the recognised trade union or association of employees concerned, they continue to apply to that person while in the employment of the Executive.

(4) 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 2001;

( f) the Unfair Dismissals Acts 1977 to 2001;

( g) the Maternity Protection Act 1994;

( h) the Parental Leave Act 1998 ;

( i) the Adoptive Leave Act 1995 ;

( j) the Carer's Leave Act 2001 .

(5) Any superannuation benefits awarded to or in respect of a person transferred under this section 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 establishment day.

(6) If, in the period beginning on the establishment day and ending immediately before the commencement of a superannuation scheme under section 23 , a superannuation benefit becomes payable to or in respect of a person transferred under this section—

( a) the Executive shall calculate the benefit in accordance with such superannuation scheme, or such enactments in relation to superannuation, as applied to the person immediately before the establishment day,

( b) the person's pensionable service with the Executive shall, for the purpose of calculating the benefit, be aggregated with the person's previous pensionable service, and

( c) the benefit shall be paid by the Executive.

(7) In this section—

“previous service” means service before the applicable transfer day with a specified body;

“recognised trade union or association of employees” means a trade union or association of employees recognised by the Executive for the purposes of negotiations that are concerned with the terms and conditions of employment and the working conditions of employees;

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