Land Development Agency Act 2021

Transfer of members of staff to Agency

37. (1) Every person who, immediately before the dissolution day, was a member of staff or a fixed-term employee of the dissolved body shall, on the dissolution day, become and be a member of staff or a fixed-term employee, as the case may be, of the Agency.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, a person referred to in subsection (1) shall be subject to such terms and conditions of service including terms and conditions relating to remuneration, as are not less favourable than the terms and conditions of service, including terms and conditions relating to remuneration, to which the person was subject immediately before the dissolution day.

(3) In subsection (2), a reference to terms and conditions relating to remuneration does not include conditions in relation to superannuation.

(4) In relation to a person referred to in subsection (1) previous service with the dissolved body shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

(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 2014;

(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 2019;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001 ;

(l) the Paternity Leave and Benefit Act 2016 ;

(m) the Parent’s Leave and Benefit Act 2019 .

(5) Any scheme providing for the granting of superannuation benefits to persons that was established by the dissolved body under the Order of 2018 shall cease to operate on the dissolution day.

(6) A person referred to in subsection (1) who, immediately before the dissolution day, was a member of—

(a) a scheme for the granting of superannuation benefits established by the dissolved body, or

(b) the Single Public Service Pension Scheme,

shall, on the dissolution day, cease to be a member of the scheme concerned and shall become and be a member of the relevant superannuation scheme established under section 21 .