2(1)The application to any relevant employee of Kent County Council whose contract of employment is preserved by regulation 5(1) of the Employment Transfer Regulations of new pension terms applied to that employee by the transferee on the transfer of the undertaking shall be regarded as a change in his terms of employment made by the transferee after the transfer (and not as arising by virtue of the transfer).
(2)Accordingly, the application to the employee of the new pension terms—
(a)shall be treated as a change in his terms of employment falling within section 4(1) of the M1Employment Protection (Consolidation) Act 1978 (written notification of changes in terms of employment); and
(b)shall not be regarded for the purposes of subsection (4) of that section (which excludes the requirement of a full statement of terms under section 1 of that Act from applying where there is a change of identity of an employer without a break in continuity of employment, except where other changes are involved) as a change involved in the change in the identity of his employer arising from the transfer of the undertaking.
(3)In this paragraph “pension terms” means terms with respect to any matters to which regulations 5 and 6 of the Employment Transfer Regulations are excluded from applying by regulation 7 of those regulations.
Marginal Citations