Employment Rights Act 1996

212 Weeks counting in computing period.E+W+S

(1)Any week during the whole or part of which an employee’s relations with his employer are governed by a contract of employment counts in computing the employee’s period of employment.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subject to subsection (4), any week (not within subsection (1)) during the whole or part of which an employee is—

(a)incapable of work in consequence of sickness or injury,

(b)absent from work on account of a temporary cessation of work, [F2or]

(c)absent from work in circumstances such that, by arrangement or custom, he is regarded as continuing in the employment of his employer for any purpose, F3. . .

F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

counts in computing the employee’s period of employment.

(4)Not more than twenty-six weeks count under subsection (3)(a) F3. . . between any periods falling under subsection (1).

Textual Amendments

F2Word in s. 212(3)(b) inserted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 38(3)(a); S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)

Modifications etc. (not altering text)

C1Ss. 210-219 applied (E.W.) (1.4.2020) by The Agricultural Wages (Wales) Order 2020 (S.I. 2020/347), arts. 1, 2(3)

C3Ss. 210-219 applied (E.W.) (6.8.2022 with effect from 1.4.2022) by The Agricultural Wages (No. 2) (Wales) Order 2022 (S.I. 2022/794), arts. 1, 2(3)