The Transfer of Undertakings (Protection of Employment) (Transfers of Public Health Staff) Regulations 2013
These Regulations concern the treatment of persons employed by various public bodies in public health activity, who are to transfer to the Department of Health. The transfers are a consequence of the new functions relating to public health conferred on the Secretary of State by the Health & Social Care Act 2012, which are to be performed by an executive agency of the Department known as Public Health England. The Regulations provide that the employees will be treated in a similar way to employees to whom the Transfer of Undertakings (Protection of Employment) Regulations 2006 apply (“the TUPE Regulations”). In particular: regulation 3 provides for the effect on contracts of employment, similar to the provision made by regulation 4 of the TUPE Regulations; regulation 4 makes the same provision in relation pensions as regulation 10 of the TUPE Regulations; and regulation 5 ensures a transfer is treated as a relevant transfer for the purposes of regulations 11 to 16 of the TUPE Regulations (which make provision about notification of liability information to the transferee and about informing and consulting staff representatives).