Education Reform Act 1988

174 Continuity of employment in certain cases of voluntary transfer. E+W

(1) This section applies to a person who at any time on or after such date as may be specified by order made by the Secretary of State ceases to be employed by ILEA or the London Residuary Body (his “former employer”) if—

(a) the termination of his employment is attributable to any provision made by or under this Part;

(b) he is subsequently employed by another person (his “new employer”); and

(c) by virtue of section 84, 94 or 95 of the M1 Employment Protection (Consolidation) Act 1978 (renewal or re-engagement) that subsequent employment precludes his receiving any redundancy payment under Part VI of that Act.

(2) Where this section applies to a person [F1 Chapter I of Part XIV of the Employment Rights Act 1996] (computation of period of employment for the purposes of that Act) shall have effect in relation to that person as if it included the following provisions, that is to say—

(a) the period of employment of that person with his former employer shall count as a period of employment with his new employer; and

(b) the change of employer shall not break the continuity of the period of employment.

(3) Where this section applies to a person the period of his employment with his former employer shall count as a period of employment with his new employer for the purposes of any provision of his contract of employment with his new employer which depends on his length of service with that employer.

Textual Amendments

F1 Words in s. 174(2) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 37(2).

Marginal Citations

M1 1978 c. 44.