Research and Innovation Act 2024

Transfer of members of staff of dissolved body

55. (1) (a) Subject to paragraph (b), each person who, immediately before the establishment day, is a member of staff of the dissolved body is, on that day, transferred to and becomes a member of staff of the Agency.

(b) Each person who, immediately before the establishment day, is a fixed-term employee of the dissolved body shall, on that day, become and be a fixed-term employee of the Agency for the duration of his or her contract.

(2) The terms and conditions to which a person is subject upon his or her becoming a member of the staff or a fixed-term employee, as the case may be, of the Agency in accordance with subsection (1) shall be deemed to have been determined by the Agency in accordance with subsections (2) and (3) of section 32 .

(3) Save in accordance with any enactment or a collective agreement negotiated with any recognised trades union or staff association, a person transferred to the Agency under subsection (1) shall not, on the establishment day, be subject to less beneficial terms and conditions of service (including those relating to tenure of office or remuneration) than the terms and conditions of service (including those relating to tenure of office or remuneration) to which he or she was subject immediately before that day.

(4) In relation to persons transferred to the Agency under 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 2022;

(b) the Protection of Employees (Part-Time Work) Act 2001 ;

(c) the Organisation of Working Time Act 1997 ;

(d) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(e) the Unfair Dismissals Acts 1977 to 2015;

(f) the Protection of Employees (Fixed-Term Work) Act 2003 ;

(g) the Terms of Employment (Information) Acts 1994 to 2014;

(h) the Maternity Protection Acts 1994 to 2022;

(i) the Adoptive Leave Acts 1995 and 2005, together with the amendments of the Adoptive Leave Act 1995 in Part 2 of the Family Leave and Miscellaneous Provisions Act 2021 ;

(j) the Parental Leave Acts 1998 to 2023;

(k) the Carer’s Leave Act 2001 ;

(l) the Paternity Leave and Benefit Act 2016 ;

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