A transfer of undertakings
1.2.1
Individuals who become employees of the Public Services Commission as a result of a Transfer of Undertakings, a Redeployment Procedure or being on analogous terms
A Transfer of Undertakings
Government employees who transfer in to the PSC as part of a transfer of undertakings after the new arrangements commence, will transfer to the new scales (with no detriment to pay), and where their existing terms and conditions are the same or similar, or where local agreements would apply, to either Civil Service or manual and craft workers employed in accordance with the PSC Act*, then these provisions would be protected in accordance with normal processes for such transfer. As a rule the PSC will be sensitive to individual cases and would ensure wherever possible that whatever protection arrangements apply, are achieved by agreement. Employees transferred into the PSC as part of a transfer of undertakings will retain continuity of employment for employment law purposes, in accordance with Schedule 5 of the Employment Act 2006.
*Section 8 of the Public Services Commission Act 2015 states:
Protection of rights of public sector employees who become employees of the Commission
- A public sector employee who becomes an employee of the Commission by virtue of an order made under section 7 is employed on the same terms and conditions that applied immediately before he or she becomes an employee of the Commission.
- Subsection (1) is subject to section 4(10)(b).
- Nothing in subsection (1) prevents the Commission from implementing any change to the terms and conditions of employment of any of its employees following any collective bargaining or other arrangements applicable to the employee.