PART IIICONTINUOUS EMPLOYMENT AND NORMAL WORKING HOURS

Continuous employment and unfair dismissal12

1

This regulation applies to a woman in relation to whose dismissal an action is commenced which consists—

a

of the presentation by her of a complaint under section 67(1) of the 1978 Act; or

b

of her making a claim in accordance with a dismissals procedure agreement designated by an order under section 65 of that Act; or

c

of any action taken by a conciliation officer under section 134(3) of that Act; F1or

F1d

of a decision arising out of the use of a statutory dispute resolution procedure contained in Schedule 2 to the Employment Act 2002 in a case where, in accordance with the Employment Act 2002 (Dispute Resolution) Regulations 2004, such a procedure applies.

2

If in consequence of an action of the kind specified in paragraph (1) a woman is reinstated or re-engaged by her employer or by a successor or associated employer of that employer the continuity of her employment shall be preserved for the purposes of Part V of the 1986 Act and 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 her period of continuous employment.

3

In this regulation—

  • “successor” and “dismissals procedure agreement” have the same meanings as in section 30(3) and (4) of the Trade Union and Labour Relations Act 1974, and

  • “associated employer” shall be construed in accordance with section 153(4) of the 1978 Act.