Supervisors on CE schemes are employees of companies that receive public funding in the community and voluntary sector. They are not employees of my Department or public servants.
CE companies contract with my Department to provide suitable work and training opportunities for participants. A CE scheme may be considered no longer viable when the sponsor organisation is unable to fill the participant numbers as agreed in the contract with my Department. In these circumstances mergers may be considered.
As outlined in my earlier reply to the Deputy, if a merger occurs, a supervisor can transfer directly to the new scheme if there is a position of the same rank available. I have been assured that in the case referred to by the Deputy, the person in question will retain their position as a supervisor on transfer to the new scheme.
A business taken over by another employer as a result of a legal merger or transfer the rights of the employees are protected by the following legislation, the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.