The Digital Health and Care Wales (Transfer of Staff, Property, Rights and Liabilities) Order 2021
| Jurisdiction | Wales |
| Citation | SI 2021/233 (W59) |
2021 No. 233 (W. 59)
National Health Service, Wales
The Digital Health and Care Wales (Transfer of Staff, Property, Rights and Liabilities) Order 2021
Made 3rd March 2021
Laid before Senedd Cymru 4th March 2021
Coming into force 1st April 2021
The Welsh Ministers make the following Order in exercise of the powers conferred on them by sections 22(2) and (4) and 203(9) and (10) of the National Health Service (Wales) Act 20061and after consultation in accordance with section 22(7) of that Act.
Title and commencement
1.—(1) The title of this Order is the Digital Health and Care Wales (Transfer of Staff, Property, Rights and Liabilities) Order 2021.
(2) This Order comes into force on 1 April 2021.
Interpretation
2. In this Order—
“the Act” (“y Ddeddf”) means the National Health Service (Wales) Act 2006;
“DHCW” (“IGDC”) means Digital Health and Care Wales established by article 2 of the Digital Health and Care Wales (Establishment and Membership) Order 20202;
“NWIS” (“GGGC”) means the National Health Service Wales Informatics Service in Velindre University NHS Trust;
“NWIS’s functions” (“swyddogaethau GGGC”) means managing and providing to, or in relation to, the health service in Wales, a range of information technology systems and associated support and consultancy services, desktop services, web development, telecommunications services, and healthcare information services;
“the transfer date” (“y dyddiad trosglwyddo”) means 1 April 2021;
“Velindre University NHS Trust” (“Ymddiriedolaeth GIG Prifysgol Felindre”) means the NHS Trust established by the Velindre National Health Service Trust (Establishment) Order 19933.
Transfer of staff to DHCW
3.—(1) This article applies to any person who—
(a)
(a) immediately before the transfer date is employed by Velindre University NHS Trust in connection with NWIS’s functions, and
(b)
(b) has been notified in writing by Velindre University NHS Trust prior to the transfer date that they are to be transferred to DHCW.
(2) The contract of employment of any person to whom paragraph (1) applies is, on the transfer date, to be transferred to DHCW.
(3) The contract of employment of a person whose employment has transferred to DHCW under paragraph (2)—
(a)
(a) is not terminated by the transfer, and
(b)
(b) has effect from the transfer date as if originally made between that person and DHCW.
(4) Without prejudice to paragraph (3)—
(a)
(a) all the rights, powers, duties and liabilities of Velindre University NHS Trust under, or in connection with, the contract of employment of any person whose employment transferred to DHCW on the transfer date under paragraph (2), are to transfer to DHCW, and
(b)
(b) any act or omission before the transfer date by, or in relation to, Velindre University NHS Trust, in respect of that person or that person’s contract of employment, is deemed to have been an act or omission of, or in relation to, DHCW.
(5) Paragraphs (2) to (4) do not have effect to transfer the contract of employment of a person to whom paragraph (1) applies, or any rights, powers, duties and liabilities under, or in connection with, that contract, if, before the transfer date, that person informs Velindre University NHS Trust that they object to becoming employed by DHCW.
(6) Where a person to whom paragraph (1) applies has objected to the transfer of that person’s contract of employment to DHCW as described in paragraph (5), the transfer operates so as to terminate that person’s contract of employment with Velindre University NHS Trust.
(7) Subject to paragraph (8), a person whose contract of employment is terminated in accordance with paragraph (6) is not to be treated, for any purpose, as having been dismissed by their employer.
(8) Where the transfer involves or would involve a substantial change in the working conditions to the material detriment of a person whose employment is or would have been transferred under paragraph (2), that person may treat the contract of employment as having been terminated, and that person is to be treated for any purpose as having been dismissed by their employer.
(9) No damages are to be payable by an employer as a result of a dismissal falling within paragraph (8) in respect of any failure by the employer to pay wages to a person in respect of a notice period which the person has failed to work.
(10) Paragraphs (2), (3), and (5) to (8) are without prejudice to any right of a person arising apart from this article to terminate that person’s contract of employment without notice in acceptance of a repudiatory breach of contract by the employer.
(11)...
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