The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Scottish Courts and Tribunals Service) Regulations 2022
| Jurisdiction | UK Non-devolved |
2022 No. 1012
Terms And Conditions Of Employment
The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Scottish Courts and Tribunals Service) Regulations 2022
Made 28th September 2022
Laid before Parliament 30th September 2022
Coming into force 21th October 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 38 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 Scottish Courts and Tribunals Service) Regulations 2022 and come into force on 21st October 2022.
(2) These Regulations extend to England and Wales and Scotland.
(3) In these Regulations—
— “the Transferor” means His Majesty’s Courts and Tribunals Service;
“the Transferee” means the Scottish Courts and Tribunals Service;
“the transfer date” means the date specified in the notice referred to in regulation 2(b) on which the transfer takes place;
“the 1996 Act” means the Employment Rights Act 19962;
“the TUPE 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, is employed by the Transferor in relation to Adult Personal Independence Payment and Child Disability Living Allowance appeals in the First-tier (Social Security and Child Support) Tribunal; and
(b) has been notified in writing by the Transferor that they are to transfer to the employment of the Transferee on the date specified in the notice.
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 Transferee.
(2) The contract of employment of a person whose employment has transferred to the Transferee 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(b) has effect from the transfer date as if originally made between that person and the Transferee.
(3) 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 Transferee under paragraph (1) are transferred to the Transferee on the transfer date.
(4) Any act or omission before the transfer date of, or in relation to, the Transferor, 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 Transferee.
(5) Paragraphs (3) and (4) do not transfer, or otherwise affect, the liability of any person to be prosecuted for, convicted of or sentenced for any offence.
(6) Paragraph (1) does 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 that they object to becoming employed by the Transferee.
(7) Where a person to whom these Regulations apply has objected as described in paragraph (6), the transfer operates so as to terminate that person’s contract of employment with the Transferor.
(8) Subject to paragraph (9), a person whose contract of employment is terminated in accordance with paragraph (7) is not to be treated, for any purpose, as having been dismissed by the Transferor or Transferee.
(9) Where the transfer...
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