- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Statutory Parental Bereavement Pay (General) Regulations 2020 No. 233
13.—(1) Where in consequence of specified action in relation to a person’s dismissal, the person is reinstated or re-engaged by their employer or by a successor or associated employer of that employer then—
(a)the continuity of their employment shall be preserved for the purposes of section 171ZZ6 of the 1992 Act for the period beginning with the effective date of termination and ending with the date of reinstatement or re-engagement, and
(b)any week which falls within the interval beginning with the effective date of termination and ending with the date of reinstatement or re-engagement, as the case may be, shall count in the computation of their period of continuous employment.
(2) In this regulation—
(a)“associated employer” shall be construed in accordance with section 231 of the Employment Rights Act 1996(1);
(b)“dismissal procedures agreement” and “successor” have the same meanings as in section 235 of the Employment Rights Act 1996;
(c)“specified action in relation to a person’s dismissal” means action which consists of—
(i)the presentation by that person of a complaint under section 111(1) (complaints to employment tribunal) of the Employment Rights Act 1996,
(ii)that person making a claim in accordance with a dismissal procedures agreement designated by an order under section 110 of that Act(2), or
(iii)any action taken by a conciliation officer under sections 18A to 18C (conciliation) of the Employment Tribunals Act 1996(3).
Section 110 was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8), section 1(2)(a) and (c) and section 12(1) to (3) and (5); the Employment Act 2002 (c. 22), section 44 and Schedule 9, Part 3, paragraphs 52(1)(b) and the Crime and Courts Act 2013 (c. 22), Schedule 9, Part 3, paragraph 52.
1996 c. 17; sections 18A to 18C were inserted by the Enterprise and Regulatory Reform Act 2013 (c. 24), section 7 and Schedule 1, paragraph 6.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: