Nurses and Midwives Act 2011

100.

Transfer of staff.

100.— (1) A person who, immediately before the commencement of this section, was an officer or employee of the Council shall, on that commencement, be transferred to and become an employee of the Board.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person transferred by subsection (1) shall not, on that transfer, be brought to less beneficial conditions of service or remuneration than the conditions of service or remuneration to which the person was subject immediately before the commencement of this section.

(3) The previous service of a person transferred by subsection (1) shall be reckonable 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 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.

(4) Any superannuation benefits awarded to or in respect of a person transferred by subsection (1) 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 commencement of this section.

(5) The pension payments and other superannuation liabilities of the Council in respect of its former officers or employees shall become, on the commencement of this section, the liabilities of the Board.

(6) In this section—

“conditions of service”, includes conditions relating to tenure;

“previous service”, in relation to a person transferred by subsection (1), means service of the person, before the commencement of this section, with the Council;

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