OpenLegislation

Paragraph 17

England, Wales and Scotland

(1)

Subject to this paragraph and F1paragraphs 18 F2to 18B, the foregoing provisions of this Schedule relate only to employment by the one employer.

C1(2)

If a trade or business or an undertaking (whether or not it be an undertaking established by or under an Act of Parliament) is transferred from one person to another, the period of employment of an employee in the trade or business or undertaking at the time of the transfer shall count as a period of employment with the transferee, and the transfer shall not break the continuity of the period of employment.

C2C3(3)

If by or under an Act of Parliament, whether public or local and whether passed before or after this Act, a contract of employment between any body corporate and an employee is modified and some other body corporate is substituted as the employer, the employee’s period of employment at the time when the modification takes effect shall count as a period of employment with the second-mentioned body corporate, and the change of employer shall not break the continuity of the period of employment.

(4)

If on the death of an employer the employee is taken into the employment of the personal representatives or trustees of the deceased, the employee’s period of employment at the time of the death shall count as a period of employment with the employer’s personal representatives or trustees, and the death shall not break the continuity of the period of employment.

(5)

If there is a change in the partners, personal representatives or trustees who employ any person, the employee’s period of employment at the time of the change shall count as a period of employment with the partners, personal representatives or trustees after the change, and the change shall not break the continuity of the period of employment.

Annotations

Textual amendments

F1

Words substituted by Employment Act 1982 (c. 46, SIF 43:5), Sch. 3 para. 2(2) with saving in S.I. 1982/1656, Sch. 2

F2

Words in Sch. 13 para. 17(1) substituted (28.6.1995 for certain purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 103(3)(a)

Modifications

C1

Para. 17(2) modified by Civil Aviation Act 1982 (c. 16, SIF 9), s. 22, Sch. 3 para. 8

C2

Sch. 13 para. 17(3) modified by Trustee Savings Banks Act 1985 (c. 58, SIF 110), s. 3(7)

C3

Sch. 13 para. 17(3) modified (1.9.1992) by Museums and Galleries Act 1992 (c. 44), s. 1(7); S.I. 1992/1874, art. 2.

Notes on the whole Act

Textual amendments

F1

Words in long title substituted (1.8.1998) by 1998 c. 8, s. 1(2) (with s. 16(2); S.I. 1998/1658, art. 2, Sch. 1

Notes on Schedule 13

Textual amendments

F1

Sch. 13 repealed (22.8.1996) by 1996 c. 18, ss. 242, 243, Sch. 3 Pt. I (with ss. 191-195, 202) and subject to an amendment to para. 20(3) (2.12.1996 for specified purposes and otherwiseprosp.)) by 1995 c. 50, s. 70(3)(4)(5), Sch. 6 para. 3, Sch. 7; S.I. 1996/1474, art. 2(3), Sch. Pt. III