Section 41 Continuity of employment in certain cases of voluntary transfer.C1

England and Wales

(1)

This section applies to a person (“the employee”) who at any time ceases to be employed by an old authority if—

(a)

the termination of his employment is attributable to any provision made by or under this Act;

(b)

he is subsequently employed by another person; and

(c)

by virtue of F1section 138 of the Employment Rights Act 1996 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part XI of that Act with respect to his terminated employment.

(2)

F2Chapter I of Part XIV of the Employment Rights Act 1996 (computation of period of employment for the purposes of that Act) shall have effect as if it provided—

(a)

for the period of the employee’s employment by the old authority to count as a period of employment with his new employer; and

(b)

for the change of employer not to break the continuity of the period of his employment.

(3)

For the purposes of any provision of the employee’s contract of employment with his new employer which depends on his length of service with that employer, the period of his employment with the old authority shall count as a period of employment with his new employer.

Annotations

Textual amendments

F1: Words in s. 41(1) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 63(2)(a) (with ss. 191-195, 202)
F2: Words in s. 41(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 63(2)(b) (with ss. 191-195, 202)

Modifications

C1: Ss. 40-45 applied (with modifications) (23.11.1995) by S.I. 1995/2803, art. 16 (with transitional provisions in Schs. 6-8)