The Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002

Continuous employment and unfair dismissal E+W+S

34.—(1) This regulation applies to a person in relation to whose dismissal an action is commenced which consists—

(a) of the presentation by him of a complaint under section 111(1) of the Employment Rights Act 1996 M1 ;

(b) of his making a claim in accordance with a dismissals procedure agreement designated by an order under section 110 of that Act; F1 ...

(c) of any action taken by a conciliation officer under [F2 any of sections 18A to 18C] of the Employment Tribunals Act 1996 M2 ; [F3 or

(d) 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 person is reinstated or re-engaged by his employer or by a successor or associated employer of that employer, the continuity of his employment shall be preserved for the purposes of Part 12ZA or, as the case may be, Part 12ZB of the 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 his period of continuous employment.

(3) In this regulation—

• “successor” and “dismissal procedures agreement” have the same meanings as in section 235 of the Employment Rights Act 1996; and

• “associated employer” shall be construed in accordance with section 231 of the Employment Rights Act 1996.

Textual Amendments

F1 Word in reg. 34(1)(b) omitted (with effect in accordance with reg. 2 of the amending S.I.) by virtue of The Statutory Maternity Pay (General) and the Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations 2005 (S.I. 2005/358), regs. 1, 4(2)

F2 Words in reg. 34(1)(c) substituted (6.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Consequential Amendments) (Employment) Order 2014 (S.I. 2014/386), art. 1, Sch. para. 19

F3 Reg. 34(1)(d) and word inserted (with effect in accordance with reg. 2 of the amending S.I.) by The Statutory Maternity Pay (General) and the Statutory Paternity Pay and Statutory Adoption Pay (General) (Amendment) Regulations 2005 (S.I. 2005/358), regs. 1, 4(2)

Modifications etc. (not altering text)

C1 Regs. 31-39 applied (30.5.2003) by The Statutory Paternity Pay (Adoption) and Statutory Adoption Pay (Adoptions from Overseas) (No. 2) Regulation 2003 (S.I. 2003/1194), regs. 1, 3(1)–(3)

Marginal Citations

M1 1996 c. 18.

M2 1996 c. 17.