Central Bank Reform Act 2010

6.

Arrangements for secondment of certain employees.

6.— (1) In this section—

“secondee” means an employee seconded from the Bank to the Agency under arrangements referred to in subsection (2).

(2) The Bank and the Agency may make arrangements for the secondment of employees of the Bank to the Agency for the purposes of any function transferred from the Bank to the Agency pursuant to amendments to the Act of 1942 by this Act.

(3) A secondee may elect to become an employee of the Agency at any time until 29 February 2012.

(4) A secondee who does not make an election under subsection (3) continues to be an employee of the Bank until 29 February 2012. His or her terms of employment (including any term conferring a right to an increase in remuneration) continue to be those applicable to his or her employment by the Bank.

(5) On 1 March 2012, a secondee who has not made an election under subsection (3) shall be taken to have elected to continue to be an employee of the Bank.

(6) An election under subsection (3) to become an employee of the Agency has effect if and only if the chief executive officer of the Agency, the Minister for Finance and the Minister for Enterprise, Trade and Innovation all consent. If all of them so consent, the election has effect immediately after the latest of those consents is given. Until that time the employee concerned continues to be an employee of the Bank.

(7) If a secondee elects to become an employee of the Agency, the terms of employment by the Agency at the time the election has effect shall not be less favourable than the terms at that time of his or her employment by the Bank (subject to any provision in any enactment).

(8) If a person’s employment is transferred under this section, the person’s previous service with the Bank is to be counted as service for the purposes of 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 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.