§ 47 — General preservation of employment terms

47.—(1) The service with the Agency of an employee transferred under section 46 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the transferor immediately before the transfer date.(2) On the transfer date —(a)

a transferred employee retains all accrued rights as if employment with the Agency were a continuation of employment with the transferor;

(b)

the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Agency; and

(c)

a reference to the transferor in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Agency.

(3) For any conduct of the transferred employee when he or she was employed by the transferor which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Agency may —(a)

start any disciplinary proceedings against that employee;

(b)

carry on and complete any disciplinary proceedings started by the transferor against the transferred employee if those proceedings are pending on the eve of the transfer date; and

(c)

reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred.

(4) Where, on the eve of the transfer date, any matter about the conduct of a transferred employee during his or her employment with the transferor —(a)

was in the course of being heard or investigated by a committee of the transferor acting under due authority; or

(b)

had been heard or investigated by a committee of the transferor acting under due authority but no order, ruling or direction had been made,

that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before the transfer date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Agency.

(5) Until such time as conditions of employment are drawn up by the Agency for a transferred employee, the transferred employee is to be regarded as being employed by the Agency on the same conditions of his or her employment with the transferor on the eve of the transfer date.

(6) Any condition of employment relating to the length of service with the Agency must recognise the length of service of the employees so transferred while in the employment of the transferor (including any previous service of the employee taken to be service with the transferor) to be service with the Agency.

(7) Nothing in section 46(6) —(a)

breaks the continuity of service of the public officer or employee of another public body whose secondment continues with the Agency because of that provision; or

(b)

affects any rights, powers or immunities that such a public officer or an employee of a public body has, or the extent to which such public officer or employee (as the case may be) is subject to obligations or liabilities in relation to discipline, by virtue of holding the office or position to which the public officer or employee is seconded.

—(1) The service with the Agency of an employee transferred under section 46 (called in this section a transferred employee) must be regarded for all purposes as having been continuous with the service of the employee with the transferor immediately before the transfer date.

(2) On the transfer date —(a)

a transferred employee retains all accrued rights as if employment with the Agency were a continuation of employment with the transferor;

(b)

the liabilities of the transferor relating to the transferred employee’s accrued rights to leave and superannuation become the liabilities of the Agency; and

(c)

a reference to the transferor in the contract of employment that had effect in relation to the transferred employee immediately before the transfer date is taken to be, or includes, a reference to the Agency.

(3) For any conduct of the transferred employee when he or she was employed by the transferor which would have rendered the employee liable to be reprimanded, reduced in rank, retired, dismissed or punished by the transferor, the Agency may —(a)

start any disciplinary proceedings against that employee;

(b)

carry on and complete any disciplinary proceedings started by the transferor against the transferred employee if those proceedings are pending on the eve of the transfer date; and

(c)

reprimand, reduce in rank, retire, dismiss or otherwise punish a transferred employee, as if the employee were not transferred.

(4) Where, on the eve of the transfer date, any matter about the conduct of a transferred employee during his or her employment with the transferor —(a)

was in the course of being heard or investigated by a committee of the transferor acting under due authority; or

(b)

had been heard or investigated by a committee of the transferor acting under due authority but no order, ruling or direction had been made,

that committee must complete the hearing or investigation and make such order, ruling or direction as it could have made under the authority vested in it before the transfer date, and that order, ruling or direction is to be regarded as an order, ruling or direction of the Agency.

(5) Until such time as conditions of employment are drawn up by the Agency for a transferred employee, the transferred employee is to be regarded as being employed by the Agency on the same conditions of his or her employment with the transferor on the eve of the transfer date.

(6) Any condition of employment relating to the length of service with the Agency must recognise the length of service of the employees so transferred while in the employment of the transferor (including any previous service of the employee taken to be service with the transferor) to be service with the Agency.

(7) Nothing in section 46(6) —(a)

breaks the continuity of service of the public officer or employee of another public body whose secondment continues with the Agency because of that provision; or

(b)

affects any rights, powers or immunities that such a public officer or an employee of a public body has, or the extent to which such public officer or employee (as the case may be) is subject to obligations or liabilities in relation to discipline, by virtue of holding the office or position to which the public officer or employee is seconded.