Electoral (Administration) Amendment Act 2010

26 Restriction of compensation for technical redundancy
  • (1) An employee of the existing Electoral Commission or the Ministry of Justice is not entitled to receive any payment or other benefit from the existing Electoral Commission or the Ministry of Justice on the ground that his or her position with that employer has ceased to exist if—

    • (a) the position ceases to exist as a result of amendments made by this Act; and

    • (b) in connection with the transfer of employees under this Act,—

      • (i) the transfer of the employee would result in substantially equivalent employment in the new Electoral Commission (whether or not the employee consents to the transfer); or

      • (ii) the employee consents to a transfer that will result in other employment in the new Electoral Commission.

    (2) Substantially equivalent employment to the employee's employment with his or her previous employer is employment in the new Electoral Commission that is—

    • (a) in substantially the same position; and

    • (b) on terms and conditions of employment that are no less favourable than those that apply to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and

    • (c) on terms that treat the period of service with the previous employer (and any other service recognised by the previous employer as continuous service) as if it were continuous service with the new Electoral Commission.