Paragraph 3 F1
The provisions of this paragraph shall have effect where a transfer to which this Schedule applies is a transfer of all property, rights and liabilities comprised in a prescribed part of the transferor’s undertaking and it falls to be determined whether the rights and liabilities transferred include rights and liabilities under a particular contract of employment.
Rights and liabilities under the contract of employment shall be transferred only if immediately before the transfer date the employee is employed wholly or mainly for the purposes of the part of the transferor’s undertaking which is transferred.
The transferor, the transferee or the employee may apply to the Secretary of State to determine whether or not rights and liabilities in respect of the employee’s services under the contract of employment are transferred, and the Secretary of State’s decision on the application shall be final.
Annotations
Textual amendments
- F1
Sch. 1 repealed (E.W.S.) (with saving) by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3)(4), Sch. 8 para. 40. Sch. 9 Pt. II
Notes on the whole Act
Textual amendments
- F1
Act repealed (15.2.1999) except ss. 24, 26, 31, 37 and 38 and, in Sch. 3, paras. 1, 3, 4, 8 (so far as relating to sections 3 and 9 of the Mineral Workings (Offshore Installations) Act 1971), 11, 34, 37 and 39 by 1998 c. 17, s. 51, Sch. 5 Pt. I (with Sch. 3 para. 5(1)); S.I. 1999/161, art. 2(1)
Notes on Schedule 1
Modifications
- C1
The text of Sch. 1, Sch. 3 paras. 1–10, 11(1)(2), 21–25, 30, 31, 34–44, Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991.