The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Civil Nuclear Police Authority) Regulations 2025
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Change 1
3 Transfer of employment
(1) Any person to whom these Regulations apply is on the transfer date transferred to the employment of the transferee. (2) The contract of employment of a person whose employment has transferred to the transferee under paragraph (1)— (a) is not terminated by the transfer, and (b) has effect from the transfer date as if originally made between that person and the transferee. (3) All the rights, powers, duties and liabilities of the transferor under, or in connection with, the contract of employment of any person whose employment transfers to the transferee under paragraph (1) are transferred to the transferee on the transfer date. (4) Any act or omission before the transfer date of, or in relation to, the transferor in respect of that person’s contract of employment is on and after the transfer date deemed to have been an act or omission of, or in relation to, the transferee. (5) Paragraphs (3) and (4) do not transfer, or otherwise affect, the liability of any person to be prosecuted for, convicted of or sentenced for any offence. (6) Paragraph (7) applies to a person— (a) to whom these Regulations apply, and (b) who is immediately before the transfer date a member of the Ministry of Defence Police. (7) Any person to whom this paragraph applies is to hold office on and after the transfer date as a member of the Civil Nuclear Constabulary as if they had— (a) been appointed by the transferee in accordance with section 55(1) of the Energy Act 2004, and (b) on appointment made the declaration required by section 55(3) and (4) of that Act. (8) Where the transfer involves or would involve a substantial change in working conditions to the material detriment of the person whose employment is or would have transferred under paragraph (1)— (a) that person may treat the contract of employment as having been terminated, and (b) that person is to be treated for any purpose as having been dismissed by their employer. (9) No damages are to be payable by the transferor or the transferee as a result of a dismissal falling within paragraph (8), in respect of any failure by the transferor or the transferee to pay wages to a person in respect of a notice period which the person has failed to work. (10) This regulation does not affect any right of a person arising other than under 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.
3 Transfer of employment
(1) Any person to whom these Regulations apply is on the transfer date transferred to the employment of the transferee. (2) The contract of employment of a person whose employment has transferred to the transferee under paragraph (1)— (a) is not terminated by the transfer, and (b) has effect from the transfer date as if originally made between that person and the transferee. (3) All the rights, powers, duties and liabilities of the transferor under, or in connection with, the contract of employment of any person whose employment transfers to the transferee under paragraph (1) are transferred to the transferee on the transfer date. (4) Any act or omission before the transfer date of, or in relation to, the transferor in respect of that person’s contract of employment is on and after the transfer date deemed to have been an act or omission of, or in relation to, the transferee. (5) Paragraphs (3) and (4) do not transfer, or otherwise affect, the liability of any person to be prosecuted for, convicted of or sentenced for any offence. (6) Paragraph (7) applies to a person— (a) to whom these Regulations apply, and (b) who is immediately before the transfer date a member of the Ministry of Defence Police. (7) Any person to whom this paragraph applies is to hold office on and after the transfer date as a member of the Civil Nuclear Constabulary as if they had— (a) been appointed by the transferee in accordance with section 55(1) of the Energy Act 2004, and (b) on appointment made the declaration required by section 55(3) and (4) of that Act. (8) Where the transfer involves or would involve a substantial change in working conditions to the material detriment of the person whose employment is or would have transferred under paragraph (1)— (a) that person may treat the contract of employment as having been terminated, and (b) that person is to be treated for any purpose as having been dismissed by their employer. (9) No damages are to be payable by the transferor or the transferee as a result of a dismissal falling within paragraph (8), in respect of any failure by the transferor or the transferee to pay wages to a person in respect of a notice period which the person has failed to work. (10) This regulation does not affect any right of a person arising other than under 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.
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