ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972

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ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972 - SECT 42



42.(1) An order under Article 41(1) may make provision for the transfer of any
person who is, on such date as may be specified in relation to him in the
order, the holder of any place, situation or employment and who is affected by
any provision of the order, and shall contain provisions for the protection of
the interests of every person with respect to whose transfer such a provision
is made.

(2) The provision required to be made under paragraph (1) shall include such
provision with respect to any person who is transferred as to secure that

(a)so long as he continues in the employment of the Service by virtue of the
transfer and until he is served with a statement in writing of his new terms
and conditions of employment, he enjoys terms and conditions of employment
(including conditions as to superannuation benefits) not less favourable than
those he enjoyed immediately before 17th November 1971; and

(b)the said new terms and conditions are such that

(i)so long as he is engaged in duties reasonably comparable to those in which
he was engaged immediately before the date of the transfer, the scale of his
remuneration; and

(ii)the other terms and conditions of his employment;

(b)are taken as a whole not less favourable than those he enjoyed immediately
before 17th November 1971.

(3) Where, in relation to a person to whom paragraph (1) applies, the terms
and conditions of his employment (including conditions as to superannuation
benefits) are on or after 17th November 1971 varied in any respect, the
Ministry may direct that the variation shall be wholly or partially included
among the terms and conditions on which he becomes employed by the Service;
and paragraph (2) shall have effect in relation to him as if so much of the
variation as is specified in the direction had been included in the terms and
conditions of his employment immediately before 17th November 1971.

(4) A written statement given in accordance with section 4 of the Contracts of
Employment and Redundancy Payments Act (Northern Ireland) 1965 shall not be
regarded as a statement of new terms and conditions of employment for the
purpose of paragraph (3) unless the statement so indicates.

(5) Where a person enters the employment of the Authority, Board or other
existing electricity undertaker on or after 17th November 1971 but before the
date specified in an order under Article 41(1) in relation to that person,
paragraphs (2) and (3) shall have effect as if for any reference to terms and
conditions of employment enjoyed immediately before 17th November 1971 there
were substituted a reference to terms and conditions of employment enjoyed
immediately after entering that employment.

(6) In paragraphs (2) and (3) "terms and conditions of employment" includes
any restriction under a statutory provision on the termination of the
employment of any person.

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Northern Irish Legislation

ELECTRICITY SUPPLY (NORTHERN IRELAND) ORDER 1972 - SECT 42