Employment Protection (Consolidation) Act 1978

Intervals in employment where section 55(5) or 84(1) or 90(3) applies E+W+S

11 (1) In ascertaining, for the purposes of section 64(1)(a) F1 . . . and of section 73(3), the period for which an employee has been continuously employed, where by virtue of section 55(5) [F2 or, as the case may be, (6)] a date is treated as the effective date of termination which is later than the effective date of termination as defined by section 55(4), the period of the interval between those two dates shall count as a period of employment notwithstanding that it does not otherwise count under this Schedule.

(2) Where by virtue of section 84(1) an employee is treated as not having been dismissed by reason of a renewal or re-engagement taking effect after an interval, then, in determining for the purposes of section 81(1) or Schedule 4 whether he has been continuously employed for the requisite period, the period of that interval shall count as a period of employment except in so far as it is to be disregarded under paragraphs 12 to 14 (notwithstanding that it does not otherwise count under this Schedule).

(3) Where by virtue of section 90(3) a date is to be treated as the relevant date for the purposes of section 81(4) which is later than the relevant date as defined by section 90(1), then in determining for the purposes of section 81(1) or Schedule 4 whether the employee has been continuously employed for the requisite period, the period of the interval between those two dates shall count as a period of employment except in so far as it is to be disregarded under paragraphs 12 to 14 (notwithstanding that it does not otherwise count under this Schedule).

Textual Amendments

F1 Words in Sch. 13 para. 11(1) (which were inserted by Employment Act 1980 (c. 42, SIF 43:5), Sch. 1 para. 32) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch.1.

F2 Words inserted by Employment Act 1982 (c. 46, SIF 43:5), Sch. 3 para. 29 with saving in S.I. 1982/1656, Sch. 2