The Transfer of Undertakings (Protection of Employment) (Transfers of Public Health Staff) Regulations 2013

These Regulations may be cited as the Transfer of Undertakings (Protection of Employment) (Transfers of Public Health Staff) Regulations 2013 and come into force on 1st April 2013.

In these Regulations—

• “the 1996 Act” means the Employment Rights Act 19962;

• “relevant transferor” means, in relation to a person to whom these Regulations apply, the transferor which employs that person immediately before the transfer date;

• “specialist dental public health consultant services” means the provision of services by a specialist dental public health practitioner which—

  1. a

     are for the purpose of promoting the oral health of the public, and

  2. b

     involve the assessment of dental health needs and the undertaking of activity to ensure that dental services provided as part of the health service meet those needs;

• “transfer date” means 1st April 2013;

• “transferor” means a body listed in column (1) of the table in the Schedule;

• “the TUPE Regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 20063.

Any person to whom these Regulations apply is on the transfer date transferred to the employment of the Secretary of State.

Paragraphs (1) to (3) do not operate to transfer the contract of employment of a person to whom these Regulations apply, or any rights, powers, duties and liabilities under or in connection with that contract, if, before the transfer date, the person informs the relevant transferor or the Secretary of State that they object to becoming employed by the Secretary of State.

Where a person to whom these Regulations apply has objected as described in paragraph (4), the transfer operates so as to terminate that person’s contract of employment with the relevant transferor.

Subject to paragraph (7), a person whose contract of employment is terminated in accordance with paragraph (5) is not to be treated, for any purpose, as having been dismissed by the relevant transferor.

Where the transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose employment is or would have transferred under paragraph (1), that person may treat the contract of employment as having been terminated, and that person is to be treated for any purpose as having been dismissed by that person’s employer.

No damages are to be payable by the relevant transferor or the Secretary of State as a result of a dismissal falling within paragraph (7) in respect of any failure by the relevant transferor or the Secretary of State to pay wages to a person in respect of a notice period which the person has failed to work.

Paragraphs (1), (2) and (4) to (7) are without prejudice to any right of a person arising apart from this regulation to terminate that person’s contract of employment without notice in acceptance of a repudiatory breach of contract by that person’s employer.

Any transfer effected by regulation 3 is to be treated as a relevant transfer to which regulations 11 to 16 of the TUPE Regulations apply.

Where before the transfer date, a transferor has notified the Secretary of State of employee liability information (within the meaning of the TUPE Regulations) in the form and manner required by regulation 11 of the TUPE Regulations (notification of employee liability information), the transferor shall be treated as having complied with that regulation.

Information provided or consultation undertaken by the transferor or the Secretary of State before the transfer date, if provided or carried out in the form or manner required by regulation 13 of the TUPE Regulations (duty to inform and consult representatives), is to be treated as effective for the purposes of that regulation.