Certain BGÉ employees and Gaslink employees transferred to network company on transfer date

1. The employment of those employees of BGÉ, and of Gaslink, who are specified in a transfer plan approved by the Minister under section 14 is transferred to the network company by virtue of this Schedule.

This Schedule not to affect certain matters relating to staff members

2. (1) Subject to this Schedule, each person whose employment is transferred in accordance with paragraph 1 is employed by the network company on terms and conditions no less favourable to that person than those on which the person was employed by BGÉ or by Gaslink immediately before the transfer date.

(2) Nothing in this Schedule has the effect of breaking a person’s contract of employment or continuity of employment for the purpose of applying to the person any other law relating to employment that would, apart from this Schedule, apply to the person. In particular, this Schedule does not affect a person’s accrued rights that the person had immediately before the transfer date in respect of any kind of leave.

Variation of terms and conditions of transferred employees

3. (1) It is a term of employment of each transferred employee that the terms and conditions of that employment may be varied to the extent to which, and in the manner in which, the terms and conditions of the employee’s employment could, immediately before the transfer date, be lawfully varied.

(2) Nothing in this Schedule prevents the terms and conditions of a transferred employee’s employment after the transfer date from being varied—

(a) in accordance with those terms and conditions, or

(b) by or under an applicable law or agreement.

(3) In this paragraph—

“terms and conditions” includes a term existing because of subparagraph (1);

“vary”, in relation to terms and conditions, includes vary by—

(a) omitting any of those terms and conditions,

(b) adding to those terms and conditions, or

(c) substituting new terms or conditions for any of the first-mentioned terms and conditions.

Superannuation arrangements

4. An officer or servant of BGÉ whose employment is transferred to the network company and who was immediately before the transfer, a member of a superannuation scheme established under section 18 of the Gas Act 1976for officers or servants of BGÉ, is entitled to continue to be a member of the scheme in accordance with its terms as are in force from time to time.