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 167ZU and 167ZW 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 Article 4 of the Employment Rights (Northern Ireland) Order 1996;

(b)

“dismissal procedures agreement” and “successor” have the same meanings as in Article 2 of the Employment Rights (Northern Ireland) Order 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 Article 145(1) (complaints to industrial tribunal) of the Employment Rights (Northern Ireland) Order 1996 M1;

(ii)

that person making a claim in accordance with a dismissal procedure agreement designated by an order under Article 142 of that Order M2; or

(iii)

any action taken by a conciliation officer under Article 20 (conciliation) of the Industrial Tribunals (Northern Ireland) Order 1996 M3.

Annotations

Marginal citations

M1: S.I. 1996/1919 (N.I. 16).
M2: Article 142 was amended by the Employment Rights (Dispute Resolution) (Northern Ireland) Order 1998 (S.I. 1998/1265 (N.I. 8)), Article 13(1) to (3) and (5).
M3: S.I. 1996/1921 (N.I. 18).