Health (Miscellaneous Provisions) Act 2010
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Transfer of members of staff of Board. |
10.— (1) Every person who, immediately before the commencement of this Part, is a member of the staff of the Board shall, on that commencement, be transferred to and become an employee of the Executive. | |
(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, on the commencement of this Part, be made subject to less beneficial terms and conditions of service (including those relating to tenure of office) or of remuneration than the terms and conditions of service (including those relating to tenure of office) or of remuneration to which he or she was subject immediately before that commencement. | ||
(3) The previous service of a person transferred under subsection (1) shall be reckonable for the purposes of, but subject to the exceptions or exclusions in, the following: | ||
(a) the Redundancy Payments Acts 1967 to 2007; | ||
(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 and 2001; | ||
(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005; | ||
(g) the Unfair Dismissals Acts 1977 to 2007; | ||
(h) the Maternity Protection Acts 1994 and 2004; | ||
(i) the Parental Leave Acts 1998 and 2006; | ||
(j) the Adoptive Leave Acts 1995 and 2005; | ||
(k) the Carer’s Leave Act 2001 . | ||
(4) Any superannuation benefits awarded to or in respect of a person transferred under subsection (1), and the terms and conditions relating to those benefits, shall be no less favourable than those applicable to or in respect of the person immediately before the commencement of this Part. | ||
(5) The pension payments and other superannuation liabilities of the Board in respect of its former members of staff shall, on the commencement of this Part, become the liabilities of the Executive. | ||
(6) A person referred to in subsection (1) shall be subject to and employed in accordance with the Health Acts 1947 to 2009. | ||
(7) In this section— | ||
“ member of the staff of the Board ” includes an officer or servant of the Board; | ||
“recognised trade union or staff association” means a trade union or staff association recognised by the Executive for the purposes of negotiations which are concerned with the remuneration, conditions of employment or working conditions of the persons concerned. |