The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Department for Work and Pensions) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/1139 |
| Year | 2014 |
2014No. 1139
TERMS AND CONDITIONS OF EMPLOYMENT
The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Department for Work and Pensions) Regulations 2014
1stMay2014
6thMay2014
27thJune2014
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 38 of the Employment Relations Act 1999( 1).
Citation, commencement and interpretation
1. (1) These Regulations may be cited as the Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Department for Work and Pensions) Regulations 2014 and come into force on 27th June 2014.
(2) In these Regulations-
"the 1996 Act" means the Employment Rights Act 1996( 2);
"the TUPE Regulations" means the Transfer of Undertakings (Protection of Employment) Regulations 2006( 3).
"council tax benefit" means council tax benefit under section 131 of the Social Security Contributions and Benefits Act 1992( 4);
"housing benefit" means housing benefit under section 130 of that Act( 5);
"the Secretary of State" means the Secretary of State for Work and Pensions;
"transferor" means-
(a) an authority administering housing benefit or council tax benefit, or(b) a person providing services to, or authorised to exercise any function of, an authority referred to in paragraph (a) in relation to the activities mentioned in regulation 2(a),from whom the function of carrying out such activities is or is to be transferred to the Secretary of State ("a relevant transfer"), and "relevant transferor", in relation to any person to whom these Regulations apply, means the transferor which employs that person immediately before the transfer date;
"the transfer date", in relation to any person to whom these Regulations apply, means the date on which the relevant transfer takes place;
Application of Regulations
2. These Regulations apply in the event of a relevant transfer to any person who-
(a) immediately before the transfer date is employed by a transferor for the principal purpose of carrying out activities connected with the detection and investigation of offences relating to housing benefit or council tax benefit; and(b) has, with the written agreement of the Secretary of State, been notified in advance in writing by that transferor that-(i) the function of carrying out those activities is to be transferred to the Secretary of State on a date specified in the notice; and(ii) that accordingly they are to transfer to the employment of the Secretary of State on that date.Transfer of employment
3. (1) Subject to the following provisions of this regulation-
(a) any person to whom these Regulations apply ("P") is on the transfer date transferred to the employment of the Secretary of State;(b) P's contract of employment is not terminated by that transfer but has effect from the transfer date as if originally made between P and the Secretary of State; and(c) without prejudice to sub-paragraph...To continue reading
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