Statutory Instrument 1998 No. 449

The Kent County Council (Borough of Gillingham and City of Rochester upon Medway) (Staff Transfer) Order 1998

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© Crown Copyright 1998

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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 1998, but does not include a person whose employment is on a temporary basis and who on 31st March 1998 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 1998 ("the reorganisation date") is employed either by the Kent County Council, or the Gillingham Borough Council or the City of Rochester upon Medway Council;

(b) whose employment would continue but for the transfer of functions to the Medway Towns District Council and the abolition of the Councils of Gillingham Borough and City of Rochester upon Medway; 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 whose name is mentioned in, or who falls within a class or description of employees mentioned in any section of Part I, Part II or Part III of the designated list, as if originally made between that employee and the Medway Towns District Council;

    (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


Hilary Armstrong
Minister of State, Department of the Environment, Transport and the Regions

25th February 1998

[2] S.I. 1996/1876. This Order gave effect (with modifications) to a Report of the Local Government Commission for England submitted in December 1995.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