Health and Social Care Professionals Act 2005

91D

F149[Transfer of staff

91D.(1) Every person who, immediately before the relevant day, was a member of the staff of the Opticians Board is, on the relevant day, transferred to, and becomes a member of, the Councils staff.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association, a person transferred under this section is entitled, while in the Councils service, to be employed on conditions of employment no less favourable than those to which that person was entitled immediately before the relevant day.

(3) The previous service of a person transferred under this section with the Opticians Board 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 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 2001;

(g) the Unfair Dismissals Acts 1977 to 2001;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Carers Leave Act 2001;

(j) the Parental Leave Acts 1998 and 2006;

(k) the Adoptive Leave Acts 1995 and 2005.

(4) Any superannuation benefits awarded by the Council to or in respect of a person transferred under this section, and the conditions relating to those benefits, are to be no less favourable than those applicable to or in respect of that person immediately before the relevant day.

(5) In this section

conditions of employment includes conditions in respect of remuneration and related matters;

recognised trade union or staff association means a trade union or staff association recognised by the Council for the purposes of negotiations that are concerned with the conditions of employment or working conditions of employees.]

Annotations

Amendments:

F149

Inserted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 36, S.I. No. 588 of 2014.