Horse and Greyhound Racing Act, 2001

Transfer of staff.

27.—(1) Every person who is on the day immediately before the establishment day a member of the staff of the Authority or a subsidiary of it shall, on the establishment day, be transferred to and become a member of the staff of HRI or a subsidiary of it, as HRI may determine.

(2) Every person who is on the day immediately before the commencement of section 8 a member of the staff of the Racing Regulatory Body and who is engaged on work relating to the functions to be transferred from that Body to HRI under paragraph (a) or (b) of section 8 (1) shall, subject to agreement on terms and conditions, have the right to transfer on the commencement of section 8 to HRI and become a member of the staff of HRI or a subsidiary of it, as HRI may determine.

(3) Every person who is, immediately before the transfer of any functions under section 8 (1)(f) from the Racing Regulatory Body to HRI, a member of the staff of the Racing Regulatory Body engaged in work relating to these functions, shall, subject to agreement on terms and conditions, have the right to transfer, on the transfer of those functions, to HRI and become a member of the staff of HRI or a subsidiary of it, as HRI may determine.

(4) A person referred to in subsection (1), (2) or (3) may, subject to subsection (5), be placed by HRI or a subsidiary of it into a different grade or position (including a lower grade or position) in HRI or a subsidiary of it, as the case may be, from that which he or she held immediately before the establishment day, the commencement of section 8 or the transfer of functions under section 8 (1)(f), as the case may be, where it considers it necessary or having regard to the structure and remuneration of grades and positions in HRI or a subsidiary of it, as the case may be.

(5) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1), (2) or (3) shall not, while in the service of HRI or a subsidiary of it, be brought 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 establishment day, the commencement of section 8 or the transfer of functions under section 8 (1)(f), as the case may be.

(6) HRI shall have regard to the period of service in the Authority or the Racing Regulatory Body of any person transferred under this section when deciding the conditions of service of the person under subsection (5).

(7) In this section, “recognised trade union or staff association” means a trade union or staff association recognised by HRI for the purposes of negotiations which are concerned with the remuneration or conditions of employment, or the working conditions of employees.