Local Government Act 2019
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Transfer of staff | ||
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16. (1) The chief executive of the county council shall, after consultation with the chief executive of the city council, designate for employment by the city council such and so many members of staff of the county council as are required to ensure the full implementation of the proposals in the staff transfer plan with regard to the transfer of members of staff from the county council to the city council for the purpose of meeting the staffing requirements in respect of the relevant area. | ||
(2) The county council shall, not later than 3 months (or such shorter period as may be agreed by the county council with the member of staff concerned) before the making of a designation under subsection (1), notify each member of staff— | ||
(a) who it is proposed would be designated under that subsection, of the proposal, and | ||
(b) that the member of staff or any recognised trade union or staff association on the member’s behalf may, within such period as is specified in the notification, make representations to the county council in relation to the proposal. | ||
(3) The chief executive of the county council shall, before the making of a designation under subsection (1), consider any representations made by or on behalf of a member of staff of the county council in accordance with a notification under subsection (2). | ||
(4) (a) Every person designated for employment by the city council in accordance with subsection (1) shall, on such day (in this section referred to as a “staff transfer day”) as is specified in the designation, cease to be a member of the staff of the county council and become and be a member of the staff of the city council. | ||
(b) Different staff transfer days may be specified in relation to— | ||
(i) different members of staff, or | ||
(ii) different classes of member of staff determined by reference to— | ||
(I) grade, or | ||
(II) class of operation of, or service provided by, the county council. | ||
(5) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (4) shall not, while in the service of the city council, be subject to less beneficial conditions of service (including conditions in relation to tenure of office) or of remuneration than the conditions of service (including conditions in relation to tenure of office) or remuneration to which he or she was subject immediately before the day specified in the designation under subsection (1). | ||
(6) In relation to persons transferred to the city council under subsection (4), previous service with the county council shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2012, the Protection of Employees (Part-Time Work) Act 2001 , Protection of Employees (Fixed-Term Work) Act 2003, the Organisation of Working Time Act 1997 , the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Unfair Dismissals Acts 1977 to 2007. |