Employment Rights Act 1996

218 Change of employer. E+W+S

(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.

(7) If an employee of the [F1 governing body] of a school maintained by a [F2 local authority] is taken into the employment of the authority or an employee of a [F2 local authority] is taken into the employment of the [F3 governing 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) [F4 Strategic Health Authorities [F5 established under section 13 of the National Health Service Act 2006]]. . . F6 . . . ,

(b) Special Health Authorities established under [F7 section 28 of that Act or section 22 of the National Health Service (Wales) Act 2006] ,

[F8 (bb) Primary Care Trusts established under [F9 section 18 of the National Health Service Act 2006] ,]

(c) National Health Service trusts established under [F10 that Act or the National Health Service (Wales) Act 2006] ,

[F11 (ca) NHS foundation trusts,]

[F12 (cb) Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006,]

(d) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14 (dd) the Health Protection Agency][F15 and

(e) the Public Health Laboratory Service Board]

[F16 (11) In subsection (7) “local authority” has the meaning given by section 579(1) of the Education Act 1996.]

Textual Amendments

F1 Words in s. 218(7) substituted (1.10.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 32 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F2 Words in s. 218(7) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 41(5)(a)

F3 Words in s. 218(7) substituted (1.10.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), s. 215(1), Sch. 21 para. 32 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

F4 Words in s. 218(10)(a) inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 4, Sch. 1 Pt. 1 para. 22(3)

F5 Words in s. 218(10)(a) inserted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 180(a)(i) (with Sch. 3 Pt. 1)

F6 Words in s. 218(10)(a) omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 180(a)(ii) (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

F7 Words in s. 218(10)(b) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 180(b) (with Sch. 3 Pt. 1)

F8 S. 218(10(bb) inserted (8.2.2000) by S.I. 2000/90, art. 3, Sch. 1 para. 30(3) (with art. 2(5))

F9 Words in s. 218(10)(bb) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 180(c) (with Sch. 3 Pt. 1)

F10 Words in s. 218(10)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 180(d) (with Sch. 3 Pt. 1)

F11 S. 218(10)(ca) inserted (1.4.2004 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1)(4), Sch. 4 para. 101; S.I. 2004/759, art. 2 (as amended by S.I. 2006/836 and S.I. 2007/1102)

F12 S. 218(10)(cb) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 27(4)

F13 S. 218(10)(d) repealed (1.4.2006) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 196, 199(1)(4), Sch. 14 Pt. 4; S.I. 2005/2925, art. 11(2)(n)

F14 S. 218(10)(dd) inserted (1.4.2005) by Health Protection Agency Act 2004 (c. 17), ss. 11, 12, Sch. 3 para. 13; S.I. 2005/121, art. 2(2)

F15 S. 218(10)(e) and the preceding word "and" repealed (1.4.2005 for E.W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 190. 196, 199(1)(4), Sch. 13 para. 8, {Sch. 14 Pt. 7}; S.I. 2005/457, art. 2(1)(b)

F16 S. 218(11) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 41(5)(b)

Modifications etc. (not altering text)

C1 S. 218(7) extended (temp. from 1.4.1999 to 1.9.1999) by S.I. 1999/638, reg. 4