The Employment Protection (Continuity of Employment) (Amendment) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Employment Protection (Continuity of Employment) Regulations 1996, which preserve an employee’s continuity of employment where he is dismissed and subsequently reinstated or re-employed. The 1996 Regulations apply where the reinstatement or re-employment is a consequence of action taken of a kind specified in the Regulations, such as making a claim in accordance with a dismissal procedures agreement. These Regulations add to the kinds of action specified the making of an agreement to submit a dispute to arbitration in accordance with a scheme under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52). Section 212A was inserted into the 1992 Act by section 7 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and provides for ACAS to prepare a scheme for arbitration in the case of disputes involving claims which could be the subject of employment tribunal proceedings, including in particular disputes arising out of the provisions of the Employment Rights Act 1996 relating to unfair dismissal.