Paragraph 4

England and Wales

(1)

This paragraph has effect in any case where—

(a)

a scheme contains provision for the transfer of rights or liabilities under the contract of employment of any individual (“the employee”), but

(b)

the employee informs the transferor or the F1Wales Audit Office that he objects to becoming employed by the Wales Audit Office.

(2)

Section 68—

(a)

does not operate to transfer any rights, powers, duties or liabilities under or in connection with the contract of employment, but

(b)

operates to terminate that contract on the day preceding the transfer date.

(3)

The employee is not, by virtue of that termination, to be treated for any purpose as having been dismissed.

(4)

In this paragraph “the transfer date”, in relation to a scheme, means the date on which (but for this paragraph) any rights, powers, duties or liabilities under the employee’s contract of employment would have been transferred in accordance with the scheme.

Annotations

Textual amendments

F1: Words in Sch. 3 substituted (1.4.2014) by The Public Audit (Wales) Act 2013 (Consequential Amendments) Order 2014 (No. 77), arts. 1(1), 3(4)