The Transfer of Undertakings (Protection of Employment) (Transfers of Public Health Staff) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/278 |
| Year | 2013 |
2013 No. 278
Terms And Conditions Of Employment
The Transfer of Undertakings (Protection of Employment) (Transfers of Public Health Staff) Regulations 2013
Made 10th February 2013
Laid before Parliament 15th February 2013
Coming into force 1st April 2013
The Secretary of State makes these Regulations in exercise of the powers conferred by section 38 of the Employment Relations Act 19991.
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Transfer of Undertakings (Protection of Employment) (Transfers of Public Health Staff) Regulations 2013 and come into force on 1st April 2013.
(2) In these Regulations—
“the 1996 Act” means the Employment Rights Act 19962;
“relevant transferor” means, in relation to a person to whom these Regulations apply, the transferor which employs that person immediately before the transfer date;
“specialist dental public health consultant services” means the provision of services by a specialist dental public health practitioner which—
(a) are for the purpose of promoting the oral health of the public, and
(b) involve the assessment of dental health needs and the undertaking of activity to ensure that dental services provided as part of the health service meet those needs;
“transfer date” means 1st April 2013;
“transferor” means a body listed in column (1) of the table in the Schedule;
“the TUPETUPE Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 20063.
Application of Regulations
2. These Regulations apply to any person who—
(a) immediately before the transfer date—
(i) is employed by a transferor, and
(ii) assigned to a unit, or engaged in an activity, specified in the entry in column (2) of the table in the Schedule which relates to the transferor; and
(b) has been notified by that transferor before the transfer date that they are to transfer to the employment of the Secretary of State.
Transfer of employment
3.—(1) Any person to whom these Regulations apply is on the transfer date transferred to the employment of the Secretary of State.
(2) Subject to paragraph (4), the contract of employment of a person whose employment has transferred to the Secretary of State under paragraph (1)—
(a)
(a) is not terminated by that transfer; and
(b)
(b) has effect from the transfer date as if originally made between that person and the Secretary of State.
(3) Without prejudice to paragraph (2)—
(a)
(a) all the rights, powers, duties and liabilities of the relevant transferor under, or in connection with, the contract of employment of any person whose employment transfers to the Secretary of State on the transfer date under paragraph (1), are transferred to the Secretary of State; and
(b)
(b) any act or omission before the transfer date by, or in relation to, the relevant transferor, 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, the Secretary of State.
(4) Paragraphs (1) to (3) do not operate to transfer the contract of employment of a person to whom these Regulations apply, or any rights, powers, duties and liabilities under or in connection with that contract, if, before the transfer date, the person informs the relevant transferor or the Secretary of State that they object to becoming employed by the Secretary of State.
(5) Where a person to whom these Regulations apply has objected as described in paragraph (4), the transfer operates so as to terminate that person’s contract of employment with the relevant transferor.
(6) Subject to paragraph (7), a person whose contract of employment is terminated in accordance with paragraph (5) is not to be treated, for any purpose, as having been dismissed by the relevant transferor.
(7) Where the transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose employment is or would have transferred under paragraph (1), 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 that person’s employer.
(8) No damages are to be payable by the relevant transferor or the Secretary of State as a result of a dismissal falling within paragraph (7) in respect of any failure by the relevant transferor or the Secretary of State to pay wages to a person in respect of a notice period which the person has failed to work.
(9) Paragraphs (1), (2) and (4) to (7) are without prejudice to any right of a person arising apart from this regulation to terminate that person’s contract of employment without notice in acceptance of a repudiatory breach of contract by that person’s employer.
Pensions
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