Commentary on Sections Transfers Section 43: Transfer of staff from CAFCASS to Assembly
170.The Secretary of State and the Assembly may make a scheme under this section for the transfer of employees from CAFCASS to the Assembly in order to enable the exercise of the new functions conferred on the Assembly. Under the scheme, the Assembly would inherit the responsibilities of CAFCASS as employer as though the original contract of employment had been with the Assembly and not with CAFCASS.
171.Subsection (5) provides that, should any employee object to transfer, then he is not to be transferred, his contract is terminated immediately before transfer and he is not to be treated as though he had been dismissed. The section does not prevent an employee from ending his contract if a substantial detrimental change is made to working conditions.
172.Subsection (7) makes it a prerequisite to the making of a scheme for any prescribed requirement as to consultation with CAFCASS employees to have been complied with.