Race Relations Act 1976

Staff

11 (1) In this and the following paragraph "present employee" means a person who immediately before the repeal date is employed by the Board or the Community Relations Commission.

(2) This sub-paragraph applies to any present employee—

(a) who is employed by the Commission as from the repeal date ; or

(b) who was offered employment with the Commission as from that date on terms which, taken as a whole, are not less favourable than those on which he was employed at the time of the offer, but unreasonably refused the offer.

(3) For the purposes of the [1965 c. 62.] Redundancy Payments Act 1965 and any scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 a present employee to whom sub-paragraph (2) above applies shall not be treated as having been dismissed by reason of, or retired on, redundancy on his ceasing to be employed by the Board or the Community Relations Commission (as the case may be).

(4) For the purposes of—

(a) the [1972 c. 53.] Contracts of Employment Act 1972 ;

(b) the [1974 c. 52.] Trade Union and Labour Relations Act 1974 ;

(c) the [1975 c. 71.] Employment Protection Act 1975 ; and

(d) any scheme under section 1 of the Superannuation Act 1972,

there shall be deemed to have been no break at the repeal date in the employment of a present employee who as from that date is employed by the Commission.

(5) Any liability to pay a redundancy payment under the Redundancy Payments Act 1965 to an employee of the Community Relations Commission which arises on the repeal date and which, if it had so arisen without that Commission ceasing to exist, would have arisen as a liability of that Commission, shall instead be a liability of the Secretary of State.

12 Where a present employee whose employment immediately before the repeal date is with the Community Relations Commission is not employed by the Commission for Racial Equality as from that date and is not within paragraph 11(2)(b), the Secretary of State may, with the consent of the Minister for the Civil Service, make to him as compensation for his loss of employment (whether or not he is entitled to a redundancy payment in respect thereof) a payment of such amount as, with the consent of that Minister, the Secretary of State may determine.

13 Any dispute arising under paragraph 11 as to whether or not—

(a) the terms of employment offered to a person are, taken as a whole, less favourable than those on which he was employed at the time when an offer of employment with the Commission was made to him ; or

(b) a person's refusal of an offer of employment with the Commission was unreasonable,

shall be referred to and determined by an industrial tribunal.