Reserve Forces (Safeguard of Employment) Act 1985

Section 2.

SCHEDULE 1 Additional Provisions as to " Former Employer "

1 Where —

(a) a person who has entered on a period of whole-time service was last employed within the period of four weeks immediately preceding the beginning of that service in any undertaking, and

(b) any change (whether before or after the commencement of this Act) takes place in the person carrying on that undertaking or that undertaking becomes comprised in any other undertaking,

references in this Act to the former employer of that person shall be construed as references to the person for the time being carrying on that undertaking or that other undertaking, as the case may be.

2 Where the person in question was last employed as mentioned above in a branch or part of an undertaking which (whether before or after the commencement of this Act) becomes, or becomes part of, some other undertaking, and either—

(a) he has as a consequence become employed in that other undertaking; or

(b) it is reasonable to suppose that he would as a consequence have become employed in that other undertaking if his employment had not been interrupted by his whole-time service,

paragraph 1 has effect as if that branch or part were itself an undertaking.

3 Where

(a) by virtue of any provision made by or under any Act, employers of any class are required, in taking persons of any class into their employment (whether in all cases or not and whether absolutely or subject to exceptions), to restrict themselves to, or to give preference to, persons for the time being included in a specified pool or register, and

(b) under that provision, all persons included in that pool or register are in the employment of a specified body when not otherwise employed, and

(c) the occupation in which a person who has entered on a period of whole-time service was last employed before the beginning of that service is such that the taking of him into employment by the person who, but for the provisions of this paragraph, would be his former employer is affected by that provision,

that body shall, for the purposes of this Act, be deemed to be the former employer of that person.