Regulation 35 Continuous employment and unfair dismissal

(1)

Where in consequence of specified action in relation to a person's dismissal, the person is reinstated or re-engaged by their employer or by a successor or associated employer of that employer then—

(a)

the continuity of their employment shall be preserved for the purposes of sections 171ZU and F1171ZV of the 1992 Act (see also regulations 30 and 31) for the period beginning with the effective date of termination and ending with the date of reinstatement or re-engagement; and

(b)

any week which falls within the interval beginning with the effective date of termination and ending with the date of reinstatement or re-engagement, as the case may be, shall count in the computation of their period of continuous employment.

(2)

In this regulation—

(a)

“associated employer” shall be construed in accordance with section 231 of the Employment Rights Act 1996;

(b)

“dismissal procedures agreement” and “successor” have the same meanings as in section 235 of the Employment Rights Act 1996;

(c)

“specified action in relation to a person's dismissal” means action which consists of—

(i)

the presentation by that person of a complaint under section 111(1) (complaints to employment tribunal) of the Employment Rights Act 1996 M1;

(ii)

that person making a claim in accordance with a dismissal procedure agreement designated by an order under section 110 of that Act M2; or

(iii)

any action taken by a conciliation officer under section 18 (conciliation) of the Employment Tribunals Act 1996 M3.

Annotations

Textual amendments

F1: Word in reg. 35(1)(a) substituted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(4)

Marginal citations

M1: 1996 c.18.
M2: Section 110 was amended by sections 1(2)(a) and (c) and 12(1) to (3) and (5) of the Employment Rights (Dispute Resolution) Act 1998 c.8.
M3: 1996 c.17.

Notes on Part 4

Modifications

C1: Pts. 3-5 applied (with modifications) (5.4.2015) by The Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014 (S.I. 2014/3093), regs. 1, 3(2)(c), 3(3), 3(4), regs. 4-16