Section 14: Transfers of property and staff

Housing (Homeless Persons) Act 1977 · 1977 c.48

14(1)

The Secretary of State may by order provide, to the extent that appears to him to be expedient in consequence of any provision of this Act,—

(a) for the transfer from one relevant authority to another of property and of rights and liabilities,

(b) for the transfer of employees from one relevant authority to another, and

(c) without prejudice to the generality of this subsection, for any matter incidental or supplemental to paragraph (a) or (b) above.

14(2)

An order providing for the transfer of an employee from the employment of one relevant authority to that of another shall include provision for the protection of his interests.

14(3)

Any such order shall also include provision—

(a) securing that, so long as an employee continues in the employment to which he is transferred and until he is served with a statement in writing referring to the order and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable, taken together, than those which he enjoyed as an employee of the former authority immediately before his transfer ; and

(b) securing that the said new terms and conditions are such that—

(i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before his transfer, the scale of his salary or remuneration, and

(ii) the other terms and conditions of his employment,

are not less favourable, taken together, than those which he enjoyed immediately before his transfer.

14(4)

The transfer of an employee shall be treated as occurring—

(a) for the purposes of section 13 of the Redundancy Payments Act 1965, upon a change in the ownership of a business, and

(b) for the purposes of Schedule 1 to the Contracts of Employment Act 1972 (as it applies for the purposes of computing an employee's period and continuity of employment for the purposes of sections 1 and 2 of that Act and any other enactment) upon the transfer of an undertaking.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.