Transfer of staff
212.Paragraph 2 sets out how the staff of the Scottish Qualifications Authority will be transferred to Qualifications Scotland.
213.Sub-paragraph (1) provides that any person who is a staff member of the Scottish Qualifications Authority immediately before the transfer date will be transferred into the employment of Qualifications Scotland on that date.
214.Sub-paragraph (2) provides that the transfer of Scottish Qualifications Authority employees to Qualifications Scotland does not terminate their contracts of employment and has effect as if their contracts of employment were originally made with Qualifications Scotland.
215.Sub-paragraph (3) provides that all the rights, powers, duties and liabilities of, and anything done by or in relation to, the Scottish Qualifications Authority in respect of a transferred person (and their contract of employment) transfer to Qualifications Scotland. For example, an Employment Tribunal claim actionable against the Scottish Qualifications Authority by an employee would transfer with the employee and become actionable against Qualifications Scotland (subject to the time limits and other rules for bringing such claims).
216.sub-paragraph (4), if an employee of the Scottish Qualifications Authority does not want to become an employee of Qualifications Scotland, their employment will not be transferred, and their contract will be terminated on the day before the transfer date. Sub-paragraph (5) provides that this termination will not be treated as a dismissal of that person.
217.Sub-paragraph (6) provides that a transferred person’s right to terminate their contract of employment, where there is a substantially detrimental change to the contract, is not affected by sub-paragraphs (1) to (3). However, sub-paragraph (7) clarifies that the change of a transferred person’s employer from the Scottish Qualifications Authority to Qualifications Scotland is not to be treated as such a substantially detrimental change.