Domestic, Sexual and Gender-Based Violence Agency Act 2023
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Transfer of certain employees of Child and Family Agency | ||
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22. (1) Such persons as the Minister for Children, Equality, Disability, Integration and Youth may (having consulted with the Minister) designate in writing for the purposes of this section and who are employees of the Child and Family Agency, shall, on such day or days as the Minister for Children, Equality, Disability, Integration and Youth may (having consulted with the Minister) specify, be transferred to and become members of staff of the Agency. | ||
(2) Before exercising the power under subsection (1), the Minister for Children, Equality, Disability, Integration and Youth shall— | ||
(a) notify in writing any recognised trade union or staff association concerned of his or her intention to do so, and | ||
(b) consider, within such time as may be specified in the notification under paragraph (a), any representations made by that trade union or staff association in relation to the matter. | ||
(3) Subject to subsection (4), a person who is transferred under subsection (1) and who is designated in writing by the Minister for the purposes of this section shall, on being so transferred, become a civil servant of the Government. | ||
(4) Before exercising the power under subsection (3), the Minister shall— | ||
(a) notify in writing any recognised trade union or staff association concerned of his or her intention to do so, and | ||
(b) consider, within such time as may be specified in the notification under paragraph (a), any representations made by that trade union or staff association in relation to the matter. | ||
(5) Except in accordance with any enactment or a collective agreement negotiated with any recognised trade union or staff association, a person transferred to the Agency under subsection (1) shall not be subject to less beneficial terms and conditions of service (including those relating to tenure of office), remuneration or superannuation than the terms and conditions of service, remuneration or superannuation to which he or she was subject immediately before that day. | ||
(6) In relation to a person transferred to the Agency under subsection (1), previous service with the Child and Family Agency shall be reckonable for the purposes of, but subject to any exceptions or exclusions in the following: | ||
(a) the Redundancy Payments Acts 1967 to 2022; | ||
(b) the Minimum Notice and Terms of Employment Acts 1973 to 2005; | ||
(c) the Unfair Dismissals Acts 1977 to 2015; | ||
(d) the Maternity Protection Acts 1994 to 2022; | ||
(e) the Terms of Employment (Information) Acts 1994 to 2014; | ||
(f) the Adoptive Leave Acts 1995 and 2005; | ||
(g) the Organisation of Working Time Act 1997 ; | ||
(h) the Parental Leave Acts 1998 to 2023; | ||
(i) the Carer’s Leave Act 2001 ; | ||
(k) the Protection of Employees (Fixed-Term Work) Act 2003 ; | ||
(l) the Paternity Leave and Benefit Act 2016 ; | ||
(m) the Parent’s Leave and Benefit Act 2019 ; | ||
(n) the Work Life Balance and Miscellaneous Provisions Act 2023 . | ||
(7) In this section, “recognised trade union or staff association” means a trade union or staff association recognised by the Minister for Children, Equality, Disability, Integration and Youth or the Minister for the purposes of negotiations which are concerned with the remuneration or conditions of employment of employees. |