The Transfer of Undertakings (Protection of Employment) (Transfer of Public Health England Staff) Regulations 2021

JurisdictionUK Non-devolved
CitationSI 2021/975

2021 No. 975

Terms And Conditions Of Employment

The Transfer of Undertakings (Protection of Employment) (Transfer of Public Health England Staff) Regulations 2021

Made 1st September 2021

Laid before Parliament 3rd September 2021

Coming into force 1st October 2021

The Secretary of State makes these Regulations in exercise of the powers conferred by section 38 of the Employment Relations Act 19991.

S-1 Citation, commencement, extent and interpretation

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Transfer of Undertakings (Protection of Employment) (Transfer of Public Health England Staff) Regulations 2021 and come into force on 1st October 2021.

(2) These Regulations extend to England and Wales and Scotland.

(3) In these Regulations—

“relevant transferee” is the body specified in column (2) of the table in the Schedule that corresponds to an entry in column (1) of that table;

“transfer date” means 1st October 2021;

“transferor” means the Secretary of State for Health and Social Care;

“the TUPE Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 20062.

S-2 Application of Regulations

Application of Regulations

2.—(1) These Regulations apply to any person who—

(a)

(a) immediately before the transfer date was employed by the transferor within a relevant division in the executive agency of the transferor known as Public Health England; and

(b)

(b) was notified by the transferor before the transfer date that they are to transfer to the employment of the relevant transferee.

(2) For the purposes of this regulation and the Schedule “a relevant division” is a division specified in column (1) of the table in the Schedule.

S-3 Transfer of employment

Transfer of employment

3.—(1) Any person to whom these Regulations apply is, on the transfer date, transferred to the employment of the relevant transferee.

(2) Subject to paragraph (4), the contract of employment of a person whose employment has transferred 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(b) has effect from the transfer date as if originally made between that person and the relevant transferee.

(3) Without prejudice to paragraph (2)—

(a)

(a) all the rights, powers, duties and liabilities of the transferor under, or in connection with, the contract of employment of any person whose employment transfers to the relevant transferee on the transfer date under paragraph (1), are transferred to that relevant transferee; and

(b)

(b) any act or omission before the transfer date by, or in relation to, the 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 relevant transferee.

(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 transferor or the relevant transferee that they object to becoming employed by the relevant transferee.

(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 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...

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