Modifications etc. (not altering text)
C1Sch. 13 extended by Employment Protection Act 1975 (c.71, SIF 43:1), s. 119(7) (as amended by Employment Act 1982 (c. 46, SIF 43:5), s. 20, Sch. 2 para. 6(1); modified by Crown Agents Act 1979 (c. 43, SIF 57), s. 1, Sch. 1 para. 13(3), New Towns Act 1981 (c. 64, SIF 123:3), s. 54(5), Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), Sch. 13 para. 8(4) and Civil Aviation Act 1982 (c. 16, SIF 9), s. 22, Sch. 3 para. 6(1)
C2Sch. 13 modified (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 11(5), Local Government Act 1985 (c. 51, SIF 81:1), s. 54(2), Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(2), Sch. 4 para. 7(2)(b) and National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 7(2)(d)
C3Sch. 13 modified by Pilotage Act 1987 (c. 21, SIF 111), s. 25(6)(a), Education Reform Act 1988 (c. 40, SIF 41:1), ss. 174(2), 231(7), 235(6), Electricity Act 1989 (c. 29, SIF 44:1), ss. 56(3), 104, 105, 112(3), Sch. 14 para. 4(1), Sch. 15 para. 4(1), Sch. 17 para. 35(1) and National Health Service (Scotland) Act 1978 (c. 29, SIF 113:2), s. 12C (as added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 31)
C4Sch. 13 modified (S.) by Housing (Scotland) Act 1987 (c. 26, SIF 61), s. 339(1), Sch. 22 Pt. II para. 10(2)(b)
17(1)Subject to this paragraph and [F1paragraphs 18 and 18A], the foregoing provisions of this Schedule relate only to employment by the one employer.
(2)If a trade or business or an undertaking (whether or not it be an undertaking established by or under an Act of Parliament) is transferred from one person to another, the period of employment of an employee in the trade or business or undertaking at the time of the transfer shall count as a period of employment with the transferee, and the transfer shall not break the continuity of the period of employment.
(3)If by or under an Act of Parliament, whether public or local and whether passed before or after this Act, a contract of employment between any body corporate and an employee is modified and some other body corporate is substituted as the employer, the employee’s period of employment at the time when the modification takes effect shall count as a period of employment with the second-mentioned body corporate, and the change of employer shall not break the continuity of the period of employment.
(4)If on the death of an employer the employee is taken into the employment of the personal representatives or trustees of the deceased, the employee’s period of employment at the time of the death shall count as a period of employment with the employer’s personal representatives or trustees, and the death shall not break the continuity of the period of employment.
(5)If there is a change in the partners, personal representatives or trustees who employ any person, the employee’s period of employment at the time of the change shall count as a period of employment with the partners, personal representatives or trustees after the change, and the change shall not break the continuity of the period of employment.
Textual Amendments
F1Words substituted by Employment Act 1982 (c. 46, SIF 43:5), Sch. 3 para. 2(2) with saving in S.I. 1982/1656, Sch. 2
Modifications etc. (not altering text)
C5Para. 17(2) modified by Civil Aviation Act 1982 (c. 16, SIF 9), s. 22, Sch. 3 para. 8
C7Sch. 13 para. 17(3) modified (1.9.1992) by Museums and Galleries Act 1992 (c. 44), s. 1(7); S.I. 1992/1874, art.2.
18If an employee of an employer is taken into the employment of another employer who, at the time when the employee enters his employment is an associated employer of the first-mentioned employer, the employee’s period of employment at that time shall count as a period of employment with the second-mentioned employer and the change of employer shall not break the continuity of the period of employment.
[F218A(1)If an employee of one of the employers described in sub-paragraph (2) is taken into the employment of another of those employers, his period of employment at the time of the change of employer shall count as a period of employment with the second employer and the change shall not break the continuity of the period of employment.
(2)The employers referred to in sub-paragraph (1) are the governors of the schools maintained by a local education authority and that authority.]
Textual Amendments
F2Para. 18A inserted by Employment Act 1982 (c. 46, SIF 43:5), Sch. 3 para. 2(3) with saving in S.I. 1982/1656, Sch. 2
Yn ddilys o 28/06/1995
[F318B(1)If a person employed in relevant employment by a health service employer is taken into relevant employment by another such employer, his period of employment at the time of the change of employer shall count as a period of employment with the second employer and the change shall not break the continuity of the period of employment.
(2)For the purposes of sub-paragraph (1) employment is relevant employment if it is employment of a description—
(a)in which persons are engaged while undergoing professional training which involves their being employed successively by a number of different health service employers, and
(b)which is specified in an order made by the Secretary of State.
(3)The following are health service employers for the purposes of this paragraph—
(a)Health Authorities established under section 8 of the National Health Service Act 1977,
(b)Special Health Authorities established under section 11 of that Act,
(c)National Health Service trusts established under Part I of the M1National Health Service and Community Care Act 1990,
(d)the Dental Practice Board, and
(e)the Public Health Laboratory Service Board.]
Textual Amendments
F3Sch. 13 para. 18B inserted (28.6.1995 for certain purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. III para. 103(3)(b)
Marginal Citations