Citation, commencement and application

1.-(1) This Order may be cited as the Essex County Council (Boroughs of Southend-on-Sea and Thurrock (Staff Transfer) Order 1998 and shall come into force on 1st April 1998.

(2) This Order makes provisions which are consequential on or supplementary to, the Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996(2).

Interpretation

2. In this Order-

"contract of employment" means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include a contract for services;

"designated list" means the list marked "The Essex County Council (Boroughs of Southend-on-Sea and Thurrock) (Staff Transfer) Order 1998 Designated List" which is signed by the Secretary of State for the Environment, Transport and the Regions, one copy of which is deposited with the Southend-on-Sea Borough Council, one with the Thurrock Borough Council, one with the Essex County Council and one in the offices of the Secretary of State for the Environment, Transport and the Regions;

"employee" means a person employed under a contract of employment including a person employed under a fixed term contract the expiry date for which is after 31st March 1998, but does not include a person whose employment is on a temporary basis and who on 31st March 1998 has had a continuous period of employment (when calculated in accordance with sections 210 to 219 of the Employment Rights Act 1996(3)) of less than two years.

Transfer of Staff

3.-(1) This article shall apply to any employee (a "designated employee")-

(a)who immediately before 1st April 1998 ("the reorganisation date") is employed by the Essex County Council;

(b)whose employment would continue but for the transfer of functions to the Councils of the Boroughs of Southend-on-Sea and Thurrock;

(c)whose name is mentioned, or who falls within a class or description of employees which is mentioned, in the designated list.

(2) The contract of employment of a designated employee shall not be terminated on the reorganisation date but shall have effect in the case of an employee whose name is mentioned in, or who falls within a class or description of employees mentioned in any section of Part I or Part II of the designated list, as if originally made between that employee and the borough council mentioned at the head of that section.

(3) This article is without prejudice to any provision of the Transfer of Undertakings (Protection of Employment) Regulations 1981(4).

Explanatory Note

(This note is not part of the Order)

This Order is supplemental to the Essex (Boroughs of Colchester, Southend-on-Sea and Thurrock and District of Tendring) (Structural, Boundary and Electoral Changes) Order 1996 which alters the structure of local government in the county of Essex. This Order provides for the employment of staff employed by the Essex County Council to be transferred to the Southend-on-Sea and Thurrock Borough Councils.

This Order refers to a designated list of employees and a copy of this list may be inspected at any of the offices of the councils referred to and at the office of the Secretary of State for the Environment, Transport and the Regions, Eland House, Bressenden Place, London SW1E 5DU.