Paragraph 3 Effect of order on contracts of employment
England and Wales
The contract of employment of an employee transferred by an order under paragraph 2—
is not terminated by the transfer, and
has effect from the date of the transfer as if originally made between the employee and the transferee.
Without prejudice to sub-paragraph (1)—
all the rights, powers, duties and liabilities of the transferor under or in connection with the employee’s contract of employment shall by virtue of this sub-paragraph be transferred to the transferee, and
anything done before the date of the transfer by or in relation to the transferor in respect of the employee or his contract of employment shall be deemed from that date to have been done by or in relation to the transferee.
Sub-paragraphs (1) and (2) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the transferor or the transferee that he objects to the transfer.
Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the transferor shall be terminated immediately before the date on which the transfer would occur; but he shall not be treated, for any purpose, as having been dismissed by that body.
This paragraph is without prejudice to any right of an employee transferred by an order under paragraph 2 to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
Notes on Schedule 2A
Textual amendments
- F1
Sch. 2A repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1)
- F2
Sch. 2A inserted (1.8.2001 for E. and 1.11.2004 for W.) by 2001 c. 15, ss. 48(4), 70(2), Sch. 4 (with ss. 64(a), 55(4)); S.I. 2001/2804, art. 2(1); S.I. 2004/1754, art. 2(2)(a)