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Part XIIE+W Miscellaneous and General

GeneralE+W

256 Continuity of employment in cases of voluntary transfer.E+W

(1)This section applies to a person if—

(a)at some time before 1st April 1974, or on that date but otherwise than by virtue of provision made by an order under section 255 above, he enters the employment of a new local authority (in this section referred to as “his new employment”), and

(b)had he continued until 1st April 1974 in the employment (in this section referred to as “his previous employment”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of section 1 or 20 above, provision would have been made by an order under section 255(2) above for his transfer on that date to the employment of a specified local authority.

(2)Where this section applies to a person, then for the purposes of section 28 of the M1Industrial Relations Act 1971 (qualifying period for protection from unfair dismissal) and section 1 of the M2Contracts of Employment Act 1972 (minimum periods of notice)—

(a)the period of employment in his previous employment shall count as a period of employment in his new employment, and

(b)the change of employment shall not break the continuity of the period of employment.

Marginal Citations