Children's Health Act 2018

PART 8

Transfer of certain employees, property, rights and liabilities of Executive to Children’s Health Ireland

Transfer of certain employees from Executive to Children’s Health Ireland

55. (1) Persons who immediately before the commencement of this Part were employees of the Executive may be designated by the Minister, with the consent of the Executive, to become employees of Children’s Health Ireland, and shall on such commencement be transferred to and become employees of Children’s Health Ireland.

(2) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association, a person who is transferred to Children’s Health Ireland under subsection (1) shall not, on the day of transfer, be subject to less beneficial terms and conditions of service including those relating to tenure of office, or of remuneration, than those terms and conditions of service or of remuneration to which he or she was subject immediately before the day of transfer.

(3) Any superannuation benefit awarded to or in respect of a person referred to in subsection (1), and the terms relating to those benefits, shall be no less favourable than those applicable to or in respect of that person immediately before the commencement of this Part.

(4) The previous service of a person transferred under subsection (1) shall be reckonable for the purposes of, but subject to any exemptions or exclusions in:

(a) the Redundancy Payments Acts 1967 to 2014;

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

(c) the Protection of Employees (Fixed-Term Work) Act 2003 ;

(d) the Organisation of Working Time Act 1997 ;

(e) the Terms of Employment (Information) Acts 1994 and 2012;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(g) the Unfair Dismissals Acts 1977 to 2015;

(h) the Maternity Protection Acts 1994 and 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001 .