10Gratuity for transferred servants

10 Gratuity for transferred servants

10 Gratuity for transferred servants

(1) If:

(a) the employment of any transferred servant is terminated by the County Council, otherwise than for misconduct, within the period of 2 years after the appointed day, or

(b) any transferred servant resigns his position with the County Council within the period commencing l year after, and ending 2 years after, the appointed day and the County Council has prior to the date on which his resignation was tendered failed to offer him in writing continuous employment at a salary or wage at least equal to that received by him immediately prior to the appointed day, and that failure is not occasioned by his misconduct,

the County Council shall grant to the transferred servant a gratuity equivalent to the amount of 4 weeks’ salary or wages for each year of his previous service and of his service with the County Council, such salary or wages being reckoned on the average of the weekly salary or wages paid to that servant during the 52 weeks immediately preceding the appointed day.

(2) Nothing in subsection (1) shall require the County Council to offer any transferred servant employment beyond the date fixed for retirement by the Local Government Act 1919.

(3) The amount of any gratuity payable under subsection (1) to a transferred servant shall not in any case exceed an amount being the equivalent of the salary and wages (reckoned on the average of the weekly salary or wages paid to the transferred servant during the 52 weeks immediately preceding the appointed day) which the transferred servant would have received if he had continued in his previous service until the age of 65 years.

(4) This section shall not apply to a transferred servant unless he has been employed continuously in his previous service for a period of not less than 1 year immediately preceding the appointed day.

(5) Nothing in this section affects the operation of sections 6 and 7.