Common use of Transfer to Clause in Contracts

Transfer to. lower paid duties on redundancy (a) Clause 12.3 applies if, because of redundancy, an Employee is transferred to new duties to which a lower ordinary rate of pay applies. (b) The Employer may: give the Employee notice of the transfer of at least the same length as the Employee would be entitled to under clause 11.1 as if it were a notice of termination given by the Employer; or transfer the Employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the Employer pays the Employee as set out in clause 12.3(c). (c) If the Employer acts as mentioned in clause 12.3(b)(ii), the Employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the Employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the Employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the Employee in the second role for the period for which notice was not given.