Employment Rights Act 1996

225 Rights during employment. E+W+S

(1) Where the calculation is for the purposes of section 30, the calculation date is—

(a) where the employee’s contract has been varied, or a new contract entered into, in connection with a period of short-time working, the last day on which the original contract was in force, and

(b) otherwise, the day in respect of which the guarantee payment is payable.

(2) Where the calculation is for the purposes of section 53 or 54, the calculation date is the day on which the employer’s notice was given.

(3) Where the calculation is for the purposes of section 56, the calculation date is the day of the appointment.

[F1 (3A) Where the calculation is for the purposes of section 57ZF, the calculation date is the day of the appointment.]

[F2 (3B) Where the calculation is for the purposes of section 57ZK or 57ZM, the calculation date is the day of the appointment.]

(4) Where the calculation is for the purposes of section 62, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.

[F3 (4A) Where the calculation is for the purposes of section 63B, the calculation date is the day on which the time off was taken or on which it is alleged the time off should have been permitted.]

[F4 (4B) Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.]

(5) Where the calculation is for the purposes of section 69—

(a) in the case of an employee suspended on medical grounds, the calculation date is the day before that on which the suspension begins, and

(b) in the case of an employee suspended on maternity grounds, the calculation date is—

[F5 (i) where the day before that on which the suspension begins falls during a period of ordinary or additional maternity leave, the day before the beginning of that period,]

(ii) otherwise, the day before that on which the suspension begins.

[F6 (6) Where the calculation is for the purposes of section 80I, the calculation date is the day on which the application under section 80F was made.]

Textual Amendments

F1 S. 225(3A) inserted (1.10.2014) by Children and Families Act 2014 (c. 6), ss. 127(2)(c), 139(6); S.I. 2014/1640, art. 4(a)

F2 S. 225(3B) inserted (5.4.2015) by Children and Families Act 2014 (c. 6), ss. 128(2)(d), 139(6); S.I. 2014/1640, art. 6(d)

F3 S. 225(4A) inserted (1.9.1999) by 1998 c. 30, s. 44(1), Sch. 3 para. 14 (with s. 42(8)); S.I. 1999/987, art. 2

F4 S. 225(4B) inserted (6.4.2010 for certain purposes and otherwise prosp.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 40, 269(4), Sch. 1 para. 8; S.I. 2010/303, art. 4, Sch. 3 (with arts. 8-14) (as amended by S.I. 2010/1151, art. 22)

F5 S. 225(5)(b)(i) substituted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 39; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)

F6 S. 225(6) inserted (6.4.2003) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 45; S.I. 2002/2866, art. 2(3), Sch. 1 Pt. 3

Modifications etc. (not altering text)

C1 Ss. 220-228 applied (6.4.2006 with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), regs. 1(2), 16(4) (with reg. 21(5))