Voluntary Health Insurance (Amendment) Act 2008
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Transfer of staff. |
16.— (1) Every person who immediately before the staff transfer day was a member of the staff of the Board shall, on the staff transfer day, stand transferred to— | |
(a) subject to paragraph (b), the staff of the subsidiary (if any) formed and established or acquired by the Board in accordance with section 8 for the purposes of providing services to the Board and any of the subsidiaries of the Board (“services subsidiary”), | ||
(b) the staff of such other subsidiary ( “other subsidiary” ), if any, of the Board as the Board has specified in writing, for the purposes of that day, in respect of the member of staff concerned or class of members of staff concerned, as the case may be. | ||
(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 not, while in the service of the services subsidiary or other subsidiary, as the case may be, be subject 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 staff transfer day. | ||
(3) In relation to persons transferred to the services subsidiary or other subsidiary, as the case may be, previous service with the Board shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the Redundancy Payments Acts 1967 to 2007, the Protection of Employees (Part-Time Work) Act 2001 , the Organisation of Working Time Act 1997 , the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Unfair Dismissals Acts 1977 to 2007. |