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The Employment Protection (Continuity of Employment) Regulations 1993

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Continuity of employment where employee re–engaged

4.—(1) The provisions of this regulation shall have effect to preserve the continuity of a person’s period of employment for the purposes of Schedule 13 to the 1978 Act and for the purposes of that Schedule as applied by subsection (5) of section 281 and subsection (2) of section 282 of the Trade Union and Labour Relations (Consolidation) Act 1992(1) to those sections.

(2) If in consequence of any action to which these Regulations apply a dismissed employee is reinstated or re–engaged by his employer or by a successor or associated employer of the employer the continuity of that employee’s period of employment shall be preserved and, accordingly, the period beginning with the date on which the dismissal to which the action relates takes effect and ending with the date of reinstatement or re– engagement, as the case may be, shall count in the computation of the employee’s period of continuous employment.

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