The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003

PART 4 TRANSFER OF STAFF, RIGHTS AND LIABILITIES

24.—(1) The Secretary of State may, if he sees fit, provide by directions for the transfer from the old employers to the new employer of any—

(a) eligible employee; and

(b) rights or liabilities.

(2) In this paragraph—

(a) “the new employer” means the Board;

(b) “the old employers” means the Royal College of General Practitioners or the STA; and

(c) “eligible employees” means persons who are employed under a contract of employment with the old employers.

25.—(1) A direction made under paragraph 24(1) may be made by the Secretary of State only if any requirements about consultation have been complied with in relation to eligible employees to be transferred under the scheme.

(2) A direction made under paragraph 24(1) may apply to all, or any description of, eligible employees.

26.—(1) The contract of employment of an eligible employee transferred by virtue of a direction made under paragraph 24(1)—

(a) is not terminated by the transfer; and

(b) has effect from the date of the transfer as if originally made between the employee and the transferee.

(2) Without prejudice to the generality of sub-paragraph (1), where an employee is transferred pursuant to a direction mentioned in that sub-paragraph—

(a) all the rights, powers, duties and liabilities of the old employers under or in connection with the contract of employment are, by virtue of this paragraph, transferred to the transferee on the date of transfer; and

(b) anything done in respect of that contract or employee in relation to the old employer is to be treated from that date as having been done by or in relation to the new employer.

(3) Sub-paragraphs (2)(a) and (b) do not transfer an employee’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs his old employer that he objects to the transfer.

(4) Where an employee objects as mentioned in sub-paragraph (3), his contract of employment with the old employer is terminated immediately before the date of transfer, but he is not to be treated for any purpose as having been dismissed by that employer.

(5) This paragraph does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions but no such right arises by reason only that, by virtue of this paragraph, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.

(6) In this paragraph, “the date of transfer” means, in relation to an eligible employee, the date of the transfer determined under a direction made under paragraph 24(1).

27.  A direction made under paragraph 24(1) may provide for the new employer to carry out any other functions necessary or expedient consequent on the dissolution of the old employers.