Regulation 3 Continuity of employment where employee re-engaged

(1)

The provisions of this regulation shall have effect to preserve the continuity of a person’s period of employment for the purposes of—

(a)

Chapter I of Part XIV of the Employment Rights Act 1996 (continuous employment), and

(b)

that Chapter as applied by subsection (2) of section 282 of the Trade Union and Labour Relations (Consolidation) Act 1992^f1 for the purposes of that section.

(2)

If in consequence of any action to which these Regulations apply a dismissed employee is reinstated or re-employed by his employer or by a successor or associated employer of the employer—

(a)

the continuity of that employee’s period of employment shall be preserved, and

(b)

the period beginning with the date on which the dismissal takes effect and ending with the date of reinstatement or re-engagement shall count in the computation of the employee’s period of continuous employment.

Annotations

Footnotes

f1: 1992 c. 52; a new version of subsection (2) of section 282 was substituted by the Employment Rights Act 1996, Schedule 1, paragraph 56(18).