Civil Legal Aid Act, 1995

Terms and conditions of staff transferred to the Board.

22.—(1) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person who is transferred by section 21 (1) to the staff of the Board shall not, while in the service of the Board, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service than the scale of pay to which that person was entitled and the terms and conditions of service to which he or she was subject immediately before the day on which he or she was so transferred.

(2) Until such time as the scale of pay and the terms and conditions of service of a person transferred by section 21 (2) to the staff of the Board are varied by the Board, following consultation with any recognised trade unions and staff associations concerned, the scale of pay to which he or she was entitled and the terms and conditions of service, restrictions, requirements and obligations to which he or she was subject immediately before his or her transfer shall continue to apply to him or her and may be applied or imposed by the Board while he or she is a member of the staff of the Board, and no such variation shall operate to worsen the scale of pay or the terms or conditions of service aforesaid applicable to such person immediately before the day on which he or she was so transferred to the staff of the Board, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(3) In relation to persons transferred by section 21 (1) to be solicitors of the Board and in respect of whom no order under subsection (5) (a) of section 11 is, for the time being, in force, previous service in the former Board shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1991, the Holidays (Employees) Acts, 1973 and 1991, the Minimum Notice and Terms of Employment Acts, 1973 to 1991, the Unfair Dismissals Acts, 1977 to 1993, and the Terms of Employment (Information) Act, 1994 .