4Transfer of officers of NHS Direct SpHA
(1) This paragraph applies in relation to any person who, immediately before 1st April 2007, was an officer of NHS Direct SpHA and wholly or mainly engaged in the performance of the functions of NHS Direct SpHA.
(2) Any officer to whom paragraph (1) applies shall, on 1st April 2007, be transferred to the employment of NHS Direct NHS Trust.
(3) The contract of employment of an officer transferred under paragraph (2)—
(a) is not terminated by the transfer; and
(b) shall have effect on and after 1st April 2007 as if originally made between that officer and NHS Direct NHS Trust.
(4) Without prejudice to paragraph (3)—
(a) all the rights, powers, duties and liabilities of NHS Direct SpHA under, or in connection with, a contract to which that paragraph applies shall, by virtue of this paragraph, be transferred to NHS Direct NHS Trust on 1st April 2007; and
(b) anything done before 1st April 2007 by, or in relation to, NHS Direct SpHA in respect of the officer or his contract of employment, shall be deemed to have been done by, or in relation to, NHS Direct NHS Trust.
(5) Paragraphs (2) to (4) do not transfer an officer's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to NHS Direct NHS trust and had informed NHS Direct SpHA of that objection by 31st March 2007.
(6) Where an officer has objected as mentioned in paragraph (5), his contract of employment with NHS Direct SpHA shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from NHS Direct SpHA.
(7) This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial and detrimental change is made to his working conditions; but no such right shall arise by reason only of the change in employer effected by this article.
Specified date: 1 April 2007: see art 1(1).