§ 52 — General preservation of employment terms

52.—(1) The service with the Agency of an employee transferred under section 51 (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 concerned 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 a 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 relevant 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 the 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 Agri‑Food and Veterinary Authority, the National Environment Agency or the Health Sciences Authority, as the case may be —(a)

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

(b)

had been heard or investigated by a committee of the relevant 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, every transferred employee is to be regarded as being employed by the Agency on the same conditions of his or her employment with the relevant transferor on the eve of the transfer date.

(6) Any term or condition of employment drawn up by the Agency for a transferred employee must recognise the length of service of the transferred employee while in the employment of a transferor (including any previous service of the employee taken to be service with the transferor) to be service with the Agency.

(7) However, the Agency must not draw up any term or condition of employment that adversely affects the conditions that would have been applicable to any transferred employee as regards any pension or gratuity payable under the Pensions Act 1956.

(8) Despite the provisions of the Pensions Act 1956, a transferred employee who is transferred to the service of the Agency is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the public service on account of abolition or reorganisation of office in consequence of the establishment of the Agency.

(9) Nothing in section 51(8) —(a)

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

(b)

affects any rights, powers or immunities that such a public officer or employee of a public authority has, or the extent to which such a 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 officer or employee is seconded.

—(1) The service with the Agency of an employee transferred under section 51 (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 concerned 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 a 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 relevant 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 the 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 Agri‑Food and Veterinary Authority, the National Environment Agency or the Health Sciences Authority, as the case may be —(a)

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

(b)

had been heard or investigated by a committee of the relevant 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, every transferred employee is to be regarded as being employed by the Agency on the same conditions of his or her employment with the relevant transferor on the eve of the transfer date.

(6) Any term or condition of employment drawn up by the Agency for a transferred employee must recognise the length of service of the transferred employee while in the employment of a transferor (including any previous service of the employee taken to be service with the transferor) to be service with the Agency.

(7) However, the Agency must not draw up any term or condition of employment that adversely affects the conditions that would have been applicable to any transferred employee as regards any pension or gratuity payable under the Pensions Act 1956.

(8) Despite the provisions of the Pensions Act 1956, a transferred employee who is transferred to the service of the Agency is not entitled to claim any benefit under that Act on the ground that he or she has been retired from the public service on account of abolition or reorganisation of office in consequence of the establishment of the Agency.

(9) Nothing in section 51(8) —(a)

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

(b)

affects any rights, powers or immunities that such a public officer or employee of a public authority has, or the extent to which such a 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 officer or employee is seconded.