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; or

(c) of any action taken by a conciliation officer under section 18 of the Employment Tribunals Act 1996 M2 .

(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.

Marginal Citations

M1 1996 c. 18.

M2 1996 c. 17.