Bite Size HR: New Legislation to Legalise Transfers within the Public Service

Peninsula Team

June 14 2013

Bite Size HRAs reported in the most recent edition of the IRN about 140 civil and public servants who are currently on secondment will be able to have their positions confirmed once new legislation takes effect to allow transfers between the civil and public services.

The Public Service Management (Recruitment and Appointments) Bill, published at the end of last month, will make it legally possible to transfer workers from the 33,000-strong civil service to the public service. Such transfers have been taking place in recent years, but officially they are only on a secondment basis, as their original civil servant or public servant status remains in place until the necessary legislation is in place.

Public servants transferring to the civil service will become subject to civil service codes of standards and behaviour, including the ban on party political activity that applies to civil servants. The Bill allows any employee of a public service body to be redeployed (on no less favourable conditions in relation to basic pay and pension) to a comparable post in another public service body, following designation by the Public Appointments Service (PAS).

The Bill provides for the transfer of responsibility to meet superannuation liabilities to the receiving organisation and provides for the preservation of various statutory rights of employees that are linked to length of service, such Redundancy Acts, Unfair Dismissal Act, etc.

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