The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Office of Communications) Regulations 2024
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Change 1
3 Transfer of employment
(1) Any individual to whom these Regulations apply is, on the transfer date, transferred to the employment of OFCOM (but see paragraph (6)). (2) The contract of employment of an individual whose employment has transferred to OFCOM under paragraph (1)— (a) is not terminated by the transfer, and (b) has effect from the transfer date as if originally made between that individual and OFCOM. (3) All the rights, powers, duties and liabilities of PSA under, or in connection with, the contract of employment of any individual whose employment transfers to OFCOM under paragraph (1), are transferred to OFCOM on the transfer date. (4) Any act or omission before the transfer date of, or in relation to, PSA, in respect of that individual or that individual's contract of employment, is on and after the transfer date deemed to have been an act or omission of, or in relation to, OFCOM. (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 (1) does not operate to transfer the contract of employment of an individual 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 individual informs PSA that they object to becoming employed by OFCOM. (7) Where an individual to whom these Regulations apply has objected as described in paragraph (6), that individual’s contract of employment with PSA is terminated with effect from the transfer date. (8) An individual whose contract of employment is terminated in accordance with paragraph (7) is not to be treated, for any purpose, as having been dismissed by PSA (but see paragraph (9)). (9) Where the transfer involves or would involve a substantial change in working conditions to the material detriment of an individual whose employment is or would have transferred under paragraph (1)— (a) that individual may treat the contract of employment as having been terminated, and (b) that individual is to be treated for any purpose as having been dismissed by their employer. (10) No damages are to be payable by PSA or OFCOM as a result of the dismissal falling within paragraph (9), in respect of any failure by PSA or OFCOM to pay wages to an individual in respect of a notice period which the individual has failed to work. (11) This regulation does not affect any right of an individual arising apart from this regulation to terminate that individual's contract of employment without notice in acceptance of a repudiatory breach of contract by that individual's employer.
3 Transfer of employment
(1) Any individual to whom these Regulations apply is, on the transfer date, transferred to the employment of OFCOM (but see paragraph (6)). (2) The contract of employment of an individual whose employment has transferred to OFCOM under paragraph (1)— (a) is not terminated by the transfer, and (b) has effect from the transfer date as if originally made between that individual and OFCOM. (3) All the rights, powers, duties and liabilities of PSA under, or in connection with, the contract of employment of any individual whose employment transfers to OFCOM under paragraph (1), are transferred to OFCOM on the transfer date. (4) Any act or omission before the transfer date of, or in relation to, PSA, in respect of that individual or that individual's contract of employment, is on and after the transfer date deemed to have been an act or omission of, or in relation to, OFCOM. (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 (1) does not operate to transfer the contract of employment of an individual 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 individual informs PSA that they object to becoming employed by OFCOM. (7) Where an individual to whom these Regulations apply has objected as described in paragraph (6), that individual’s contract of employment with PSA is terminated with effect from the transfer date. (8) An individual whose contract of employment is terminated in accordance with paragraph (7) is not to be treated, for any purpose, as having been dismissed by PSA (but see paragraph (9)). (9) Where the transfer involves or would involve a substantial change in working conditions to the material detriment of an individual whose employment is or would have transferred under paragraph (1)— (a) that individual may treat the contract of employment as having been terminated, and (b) that individual is to be treated for any purpose as having been dismissed by their employer. (10) No damages are to be payable by PSA or OFCOM as a result of the dismissal falling within paragraph (9), in respect of any failure by PSA or OFCOM to pay wages to an individual in respect of a notice period which the individual has failed to work. (11) This regulation does not affect any right of an individual arising apart from this regulation to terminate that individual's contract of employment without notice in acceptance of a repudiatory breach of contract by that individual's employer.
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