The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Office for Environmental Protection) Regulations 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/1353 |
| Year | 2021 |
2021 No. 1353
Terms And Conditions Of Employment
The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Office for Environmental Protection) Regulations 2021
Made 1st December 2021
Laid before Parliament 2nd December 2021
Coming into force 24th December 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 38(1) of the Employment Relations Act 19991.
Citation, commencement, extent and interpretation
1.—(1) These Regulations may be cited as the Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Office for Environmental Protection) Regulations 2021.
(2) These Regulations come into force on 24th December 2021.
(3) These Regulations extend to England and Wales and Scotland.
(4) In these Regulations—
“” means the Department for Environment, Food and Rural Affairs;
“” means the Office for Environmental Protection2;
“” means 1st January 2022.
Application of Regulations
2. These Regulations apply to any person who—
(a) immediately before the transfer date, is employed by DEFRA for the principal purpose of carrying out activities connected to either or both—
(i) the establishment of the OEP;
(ii) the statutory functions of the OEP in the Environment Act 20213; and
(b) before the transfer date, has been notified by DEFRA that they are transferring to the employment of the OEP.
Transfer of employment
3.—(1) Subject to paragraph (6), any person to whom these Regulations apply is on the transfer date transferred to the employment of the OEP.
(2) The contract of employment of a person whose employment has transferred to the OEP under paragraph (1)—
(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(b) has effect from the transfer date as if originally made between that person and the OEP.
(3) All the rights, powers, duties and liabilities of DEFRA under, or in connection with, the contract of employment of any person whose employment transfers to the OEP under paragraph (1), are transferred to the OEP on the transfer date.
(4) Any act or omission before the transfer date of, or in relation to, DEFRA, in respect of that person or that person’s contract of employment is on and after the transfer date deemed to have been an act or omission of, or in relation to, the OEP.
(5) Paragraphs (3) and (4) do not transfer, or otherwise affect, the...
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