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The Local Government Changes for England (Staff) Regulations 1995

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Continuity of Employment

3.—(1) This regulation applies to a person who at any time ceases to be employed by an abolished authority or a transferor authority where—

(a)the termination of his employment is attributable—

(i)in the case of an abolished authority, to the winding–up and dissolution of that authority,

(ii)in the case of a transferor authority, to the transfer of local government functions from that authority to a unitary authority;

(b)not later than four weeks from the termination of the employment mentioned in sub–paragraph (a) above he is employed by a principal council (“the new employer”); and

(c)by virtue of section 84 of the 1978 Act (renewal or re–engagement) that subsequent employment precludes his receiving any redundancy payment under Part VI of that Act with respect to his terminated employment.

(2) Schedule 13 to the 1978 Act (computation of period of employment for the purposes of that Act) shall have effect in relation to an employee to whom this regulation applies as if it provided—

(a)for the period of his employment by the abolished authority or the transferor authority to count as a period of employment with the new employer; and

(b)for the change of employer not to break the continuity of the period of his employment.

(3) An employee to whom this regulation applies shall be entitled to count the period of his employment with the abolished authority or the transferor authority as a period of employment with his new employer for the purposes of any provision of his contract of employment which depends on his length of service.

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