Part XIV Interpretation
C2C3C4C5Chapter I Continuous employment
Pt. 14 Ch. 1 applied (1.10.2002) by The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 8(4) (with regs. 13-20)
Pt. 14 Ch. 1 applied (6.4.2002) by The Flexible working (Eligibility, Complaints and Remedies) Regulations 2002 (S.I. 2002/3236), {reg. 3}
Pt. 14 Ch. 1 applied (20.11.2003) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 1, 199(1)(4), Sch. 1 para. 3(3)
Pt. 14 Ch. 1 applied (E.W.) (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 30, 227, Sch. 7 para. 3(4)
218 Change of employer.
1
Subject to the provisions of this section, this Chapter relates only to employment by the one employer.
2
If a trade or business, or an undertaking (whether or not established by or under an Act), is transferred from one person to another—
a
the period of employment of an employee in the trade or business or undertaking at the time of the transfer counts as a period of employment with the transferee, and
b
the transfer does not break the continuity of the period of employment.
3
If by or under an Act (whether public or local and whether passed before or after this Act) a contract of employment between any body corporate and an employee is modified and some other body corporate is substituted as the employer—
a
the employee’s period of employment at the time when the modification takes effect counts as a period of employment with the second body corporate, and
b
the change of employer does not break the continuity of the period of employment.
4
If on the death of an employer the employee is taken into the employment of the personal representatives or trustees of the deceased—
a
the employee’s period of employment at the time of the death counts as a period of employment with the employer’s personal representatives or trustees, and
b
the death does not break the continuity of the period of employment.
5
If there is a change in the partners, personal representatives or trustees who employ any person—
a
the employee’s period of employment at the time of the change counts as a period of employment with the partners, personal representatives or trustees after the change, and
b
the change does not break the continuity of the period of employment.
6
If an employee of an employer is taken into the employment of another employer who, at the time when the employee enters the second employer’s employment, is an associated employer of the first employer—
a
the employee’s period of employment at that time counts as a period of employment with the second employer, and
b
the change of employer does not break the continuity of the period of employment.
C17
If an employee of the F1governing body of a school maintained by a local education authority is taken into the employment of the authority or an employee of a local education authority is taken into the employment of the F2governing body of a school maintained by the authority—
a
his period of employment at the time of the change of employer counts as a period of employment with the second employer, and
b
the change does not break the continuity of the period of employment.
8
If a person employed in relevant employment by a health service employer is taken into relevant employment by another such employer, his period of employment at the time of the change of employer counts as a period of employment with the second employer and the change does not break the continuity of the period of employment.
9
For the purposes of subsection (8) employment is relevant employment if it is employment of a description—
a
in which persons are engaged while undergoing professional training which involves their being employed successively by a number of different health service employers, and
b
which is specified in an order made by the Secretary of State.
10
The following are health service employers for the purposes of subsections (8) and (9)—
a
b
Special Health Authorities established under F7section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006 ,
c
National Health Service trusts established under F10that Act or the National Health Service (Wales) Act 2006 ,
F11ca
NHS foundation trusts,
F12cb
Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006,
d
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
the Public Health Laboratory Service Board
Pt. XIV Ch. I (ss. 210-219) applied (with modifications) (1.4.1998) by S.I. 1998/366, reg. 31(7)
Pt. XIV Ch. I (ss. 210-219) applied (prosp.) by 1999 c. 29, ss. 411(10), 425(2), Sch. 32 para. 3(8) (with Sch. 12 para. 9(1))
Pt. XIV Ch. I (ss. 210-219) applied (29.1.2001) by S.I. 2000/3386, art. 1(5)
Pt. XIV Ch. I (ss. 210-219) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 3, 4, Sch. para. 120