Health and Social Care Professionals Act 2005

Transfer of staff.

84.—(1) Every person who, immediately before the transfer day, was a member of the staff of the National Social Work Qualifications Board is transferred to, and becomes a member of, the Council's staff on the transfer day.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association, a person transferred under this section is entitled, while in the Council's service, to be employed on conditions of employment no less favourable than those to which that person was entitled immediately before the transfer day.

(3) The previous service of a person transferred under this section with the National Social Work Qualifications Board is to be counted as service for the purposes of, but subject to any exceptions or exclusions in, the following Acts:

(a) the Redundancy Payments Acts 1967 to 2003;

(b) the Protection of Employees (Part-Time Work) Act 2001 ;

(c) the Organisation of Working Time Act 1997 ;

(d) the Minimum Notice and Terms of Employment Acts 1973 to 2001;

(e) the Unfair Dismissals Acts 1977 to 2001;

(f) the Carer's Leave Act 2001 ;

(g) the Parental Leave Act 1998 .

(4) Any superannuation benefits awarded by the Council to or in respect of a person transferred under this section, and the conditions relating to those benefits, are to be no less favourable than those applicable to or in respect of that person immediately before the transfer day.

(5) In this section—

“conditions of employment” includes conditions in respect of remuneration and related matters;

“recognised trade union or staff association” means a trade union or staff association recognised by the Council for the purposes of negotiations that are concerned with the conditions of employment or working conditions of employees.