Children's Health Act 2018


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

Transfer of certain employees from Tallaght Hospital to Children’s Health Ireland

47. (1) Such persons as are designated by the Minister, following agreement between Tallaght Hospital and the Executive and, after the establishment day, Children’s Health Ireland, and who, immediately before the commencement of this Part, were employees of Tallaght Hospital, shall on such day or days as may be specified for the purpose by the Minister 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 transferred under this section 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) 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 to 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 .