The Local Government Changes for England (Miscellaneous Provision) Regulations 1996

Claims etc, in connection with contracts of employment

12.—(1) Where immediately before the reorganisation date an eligible person has any claim or right of action against an abolished authority arising under, or in connection with, his contract of employment—

(a) if he is a person to whom sub-paragraphs 11(c)(i) or (d)(i) above applies, he shall be entitled to bring, or to continue, that claim or any proceedings against the successor authority with whom he is employed; and

(b) in all other cases he shall be entitled to bring, or to continue, that claim or any proceedings against the designated authority.

(2) Where an eligible person has any claim or wishes to bring any proceedings with respect to the termination of his employment with an abolished authority—

(a) if he is a person to whom sub-paragraphs 11(1)(c)(i) or (d)(i) above applies, he shall be entitled to bring that claim or any proceedings against the successor authority with whom he is employed; and

(b) in all other cases, he shall be entitled to bring that claim or any proceedings against the designated authority.

(3) An eligible person shall be entitled to recover from the designated authority, or from the successor authority if he is a person to whom sub-paragraphs 11(1)(c)(i) and (d)(i) above apply, any sum to which he is entitled—

(a) by virtue of regulation 5 (redundancy payments) of the Local Government Changes for England (Staff) Regulations 1995(1); or

(b) by way of compensation under Part II or III of the Local Government (Compensation for Redundancy) Regulations 1994(2) or Part VI of the Employment Protection (Consolidation) Act 1978(3) (“the 1978 Act”); or

(c) by way of compensation payable under Part V of the 1978 Act (unfair dismissal);

(d) by way of compensation under the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1989(4); or

(e) by way of damages for any breach of his contract of employment.

(1)

S.I. 1995/520.

(2)

S.I. 1994/3025.

(3)

1978 c. 44.

(4)

S.I. 1989/298.