Article 5 Transfer of staff
Where a person is employed immediately before the Transfer Date by the governing body of the College, that person’s contract of employment shall have effect on or after the Transfer Date as if originally made between that person and the governing body of the University.
Without prejudice to paragraph (1) above–
all the rights, powers, duties and liabilities of the governing body of the College under or in connection with a contract to which that paragraph applies shall, by virtue of this paragraph, be transferred to the governing body of the University on the Transfer Date; and
anything done before that date by or in relation to the governing body of the College in respect of that contract or the employee shall be deemed on or after that date to have been done by or in relation to the governing body of the University.
Paragraphs (1) and (2) above are without prejudice to any right of an employee to terminate that employee’s contract of employment if the terms and conditions of employment are changed substantially to the detriment of that employee, but such change shall not be taken to have occurred by reason only of the fact that the employer under that employee’s contract of employment is changed by virtue of this article.
Where a person–
has, prior to the Transfer Date, entered into a contract of employment with the governing body of the College which is to come into effect on or after that date; and
would, if the contract had come into effect before that date, have been an employee to whom the provisions of this article would have applied,
that person shall be treated for the purposes of this article as if that person were such an employee.