Statutory Instrument 1997 No. 458

The Dorset County Council (Boroughs of Poole and Bournemouth) (Staff Transfer) Order 1997

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© Crown Copyright 1997

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"employee" means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1997, but does not include a person whose employment is on a temporary basis and who on 31st March 1997 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996[3]) of less than two years.

Transfer of staff
     3 .  - (1) This article shall apply to any employee (a "designated employee") - 

(a) who immediately before 1st April 1997 ("the reorganisation date") was employed by the Dorset County Council;

(b) whose employment would continue but for the transfer of functions to the Councils of the Boroughs of Poole and Bournemouth; and

(c) whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.

    (2) The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect - 

(a) in the case of an employee who falls within a class or description of employees mentioned in any section of Part I of the designated list, as if originally made between that employee and the borough council mentioned at the head of that section;

(b) in the case of an employee who falls within a class or description of employees mentioned in any section of Part II of the designated list, as if originally made between that employee and the borough council mentioned at the head of that section.

    (3) This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981[4].



Signed by authority of the Secretary of State

David Curry
Minister of State, Department of the Environment

24th February 1997

[2] S.I. 1995/1771. back

[3] 1996 c.18. back

[4] S.I. 1981/1974 as amended by section 33 of the Trade Union Reform and Employment Rights Act 1993 c.19. back