Employment Protection (Consolidation) Act 1978

20 (1) Regulations made by the Secretary of State may make provision—

(a) for preserving the continuity of a person’s period of employment for the purposes of this Schedule or for the purposes of this Schedule as applied by or under any other enactment specified in the regulations, or

(b) for modifying or excluding the operation of paragraph 12 subject to the recovery of any such payment as is mentioned in sub-paragraph (2) of that paragraph,

in cases where, in consequence of action to which sub-paragraph (2) applies, a dismissed employee is reinstated or re-engaged by his employer or by a successor or associated employer of that employer.

(2) This sub-paragraph applies to any action taken in relation to the dismissal of an employee which consists—

(a) of the presentation by him of a [F1 relevant complaint of dismissal], or

(b) of his making a claim in accordance with a dismissal procedures agreement designated by an order under section 65, or

(c) of any action taken by a conciliation officer under [F2 his relevant conciliation powers or]

[F3 (d) of the making of a relevant compromise contract.]

[F4 (3) In sub-paragraph (2)—

• “relevant complaint of dismissal” means a complaint under section 67 of this Act, a complaint under section 63 of the M1 Sex Discrimination Act 1975 arising out of a dismissal or a complaint under section 54 of the M2 Race Relations Act 1976 arising out of a dismissal;

• “relevant conciliation powers” means section 134(3) of this Act, section 64(2) of the Sex Discrimination Act 1975 or section 55(2) of the Race Relations Act 1976; and

• “relevant compromise contract” means an agreement or contract authorised by section 140(2)(fa) or (fb) of this Act, section 77(4)(aa) of the Sex Discrimination Act 1975 or section 72(4)(aa) of the Race Relations Act 1976.]

Textual Amendments

F1 Words in Sch. 13 para. 20(2)(a) substituted (30.8.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 14(a); S.I. 1993/1908, art. 2(1), Sch.1

F2 Words in Sch. 13 para. 20(2)(c) substituted (30.8.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 14(b); S.I. 1993/1908, art. 2(1), Sch.1

F3 Sch. 13 para. 20(2)(d) inserted (30.8.1993) by 1993 c. 19, s. 49(1), Sch. 7 para. 14(c); S.I. 1993/1908, art. 2(1), Sch. 1

F4 Sch. 13 para. 20(3) inserted (30.8.1993) by 1993 c. 19, s. 29(1), Sch. 7 para. 14(d); S.I. 1993/1908, art. 2(1), Sch.1

Marginal Citations

M1 1975 c. 65.

M2 1976 c. 74.