Regulation 36 Continuous employment and stoppages of work

(1)

Where a person does not work for any week or part of a week because there is a stoppage of work at that person's place of employment due to a trade dispute within the meaning of section 35(1) of the Jobseekers Act 1995 M1 then—

(a)

that person's continuity of employment shall be treated as continuing throughout the stoppage (but see paragraph (2)F1) for the purposes of sections 171ZU and F2171ZV of the 1992 Act (see also regulations 30 and 31); and

(b)

no such week shall count in the computation of their period of continuous employment (but see paragraph(3)).

(2)

Where during the stoppage of work a person is dismissed from their employment, that person's continuity of employment shall not be treated under paragraph (1) as continuing beyond the commencement of the day that person stopped work (but see paragraph (3)).

(3)

Paragraph (1)(b) and paragraph (2) do not apply to a person who proves that at no time did they have a direct interest in the trade dispute in question.

Annotations

Textual amendments

F1: Reg. 36(1)(a) bracket inserted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(5)(b)
F2: Word in reg. 36(1)(a) substituted (8.3.2015) by The Statutory Shared Parental Pay (General) (Amendment) Regulations 2015 (S.I. 2015/189), regs. 1, 2(5)(a)

Marginal citations

M1: 1995 c.18.

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