# The Greater London Council Housing (Staff Transfer and Protection) Order 1979, Article 6: Transfer of officers


(1) Subject as mentioned in paragraphs (3) and (4), every officer allocated by a scheme for transfer to a transferee authority shall, to the extent of the allocation, be transferred on the appointed day to the employment of that authority.
(2) Any question by an officer allocated by a scheme for transfer, that he will sustain or has sustained hardship in consequence of his transfer, shall be raised and determined as described in article 17.
(3) Where a question under paragraph (2) or article 5(9) is raised—
(a) the officer who raised the question shall be transferred, further transferred or not transferred, as the case may be, in accordance with the determination under article 17; and
(b) if the determination is that he be—
(i) transferred, he shall be transferred on the appointed day or on the expiration of 2 months from the date of the determination, whichever is the later; or
(ii) further transferred, he shall be so transferred on the expiry of 2 months from the date of the determination,
or on such other date as may be agreed between the authorities concerned and the officer.
(4) (a) Where, before the appointed day, any question described in paragraph (2) or article 5(9) is determined in such manner that transfer of an officer in accordance with the provisions of paragraph (1) is appropriate and, before, on or after the appointed day, it is determined that he will sustain or has sustained hardship in consequence of his transfer (which determination is, in this sub-paragraph, referred to as the “determination of hardship”), the authority by whom he is employed on the date of the determination of hardship shall in consultation with the officer and representatives of their employees seek a remedy and, not later than the expiration of two months (or such longer period as may be agreed by the officer) following notification of the determination of hardship, notify the officer—
(i) of any remedy which they are able to offer him, or
(ii) that they are unable to offer him any remedy, but that an allowance would be paid to him in respect of the hardship.
(b) In either event, the officer shall be informed—
(i) that he may, subject to sub-paragraph (e), request that his employment be terminated, and
(ii) of his entitlements if it is so terminated.
(c) Any remedy offered under sub-paragraph (a) may be accepted by the officer within the 2 months following the notification thereof, or within such longer period as may be agreed by the authority.
(d) An allowance in respect of hardship shall be by periodic payments and—
(i) the amount of such payments, and
(ii) in the event of any change of circumstances, a review of payment of the allowance or the amount thereof,
may be agreed between the officer and the authority; and failing agreement on any such question, the officer may appeal as described in paragraph (3) of article 17, whereupon the question shall be determined as provided in that paragraph.
(e) No such request as is described in sub-paragraph (b) shall be made after the expiration of 2 months from the determination of the amount of the periodic payments of the allowance.
(f) Article 13 shall not apply to any officer to whom an allowance is payable under this article.
(g) If the remedy offered under sub-paragraph (a) is, with the agreement of the Greater London Council, transfer back to the employment of that authority, and that remedy is accepted by the officer and he is so transferred, paragraph (9) of article 7 and articles 8 to 14 shall cease to apply to him. Otherwise, such provisions shall apply to any officer transferred under sub-paragraph (a) as they apply to officers transferred by paragraph (1).

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Source: https://www.legislation.gov.uk/uksi/1979/1737/article/6 (the official version)
Page: https://openlegislation.uk/greater-london-council-housing-staff-transfer-and-protection-order-1979/article-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

