Article 5 Transfer of employees

(1)

Every person who—

(a)

immediately before 1st April 2004 is employed by the Authority;

(b)

but for the provisions of this Order would continue to be so employed; and

(c)

whose name is mentioned on the Independent Police Complaints Commission designated list,

shall, on that date, transfer to and become an employee of, the Commission.

(2)

The contract of employment of a person who is transferred by virtue of this article shall not terminate on the date of the transfer but shall have effect as if originally made between that employee and the Commission.

(3)

In this article “the Independent Police Complaints Commission designated list” means the list marked “Police Reform Act 2002 (Staff Transfer) Independent Police Complaints Commission designated list” which is signed on behalf of the Secretary of State, one copy of which is deposited with the Commission and one copy of which is deposited in the offices of the Secretary of State.

(4)

This article has effect without prejudice to the Transfer of Undertakings (Protection of Employment) Regulations 1981^f1.

Annotations

Footnotes

f1: S.I. 1981/1794; as amended by sections 33(2) and 51 of, and Schedule 10 to, the Trade Union Reform and Employment Rights Act 1993 (c. 19), by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8), and by S.I. 1987/442, 1995/2587, 1999/925 and 1999/2402.