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Regulation 16 Change of employerI1

Northern Ireland

(1)

Where a person’s employer changes, a person’s employment is to be treated for the purposes of section 167ZZ9 of the 1992 Act F1and for the purposes of calculating earnings as employment with the second employer in the following circumstances—

(a)

the employer’s trade or business or an undertaking (whether or not it is an undertaking established by or under Northern Ireland legislation or an Act of Parliament) is transferred from one person to another;

(b)

a contract of employment between any body corporate and the person is modified by or under Northern Ireland legislation or an Act of Parliament, whether public or local and whenever passed and some other body corporate is substituted as that person’s employer;

(c)

on the death of the employer, the person is taken into the employment of the personal representatives or trustees of the deceased;

(d)

the person is employed by partners, personal representatives or trustees and there is a change in the partners, or as the case may be, personal representatives or trustees;

(e)

the person is taken into the employment of an employer who is, at the time the person entered into the employer’s employment, an associated employer of the person’s previous employer; or

(f)

on the termination of the person’s employment with an employer that person is taken into the employment of another employer and those employers are governors of a school maintained by a local education authority.

(2)

In paragraph (1)(e) “associated employer” must be construed in accordance with Article 4 of the Employment Rights (Northern Ireland) Order 1996.

Annotations

Textual amendments

F1

Words in reg. 16(1) substituted (6.4.2026) by The Statutory Parental Bereavement Pay (Employment and Earnings) (Amendment) Regulations (Northern Ireland) 2026 (S.R. 2026/74), regs. 1(1), 2(3)

Commencement

I1

Reg. 16 in operation at 29.9.2023 with application in accordance with reg. 2, see regs. 1, 2