Employment Act 1982

Periods of continuous employment

20Change of basis of computation of period of continuous employment

(1)The amendments set out in Schedule 2 shall have effect for the following purposes—

(a)amending enactments which confer rights by reference to the length of an employee's period of continuous employment so as to substitute for periods expressed in weeks or years of fifty-two weeks corresponding periods expressed in months or years of twelve months ;

(b)modifying the computation of an employee's period of continuous employment under Schedule 13 to the 1978 Act so as to provide for computing the length of the period in months and years of twelve months;

(c)making minor and consequential amendments in connection with the purposes mentioned in paragraphs (a) and (b).

(2)The amendments set out in Schedule 2 shall not apply—

(a)where the date by reference to which the length of an employee's period of continuous employment falls to be ascertained (" the qualification date") is before the commencement of this section, or

(b)where the result would be to deprive a person of any right or entitlement which he would have had if the qualification date had fallen immediately before the commencement of this section.

(3)Subject to subsection (2), the amendments set out in Schedule 2 shall, so far as they relate to the computation of the length of a period of continuous employment, apply to periods before the commencement of this section as they apply to later periods.

(4)Nothing in this section shall affect—

(a)any order made before the commencement of this section under section 18, 65 or 96 of the 1978 Act or any corresponding earlier enactment (exclusion of certain sections where equivalent protection afforded by collective agreement or wages order); or

(b)the operation of any agreement or wages order to which such an order relates or the operation of any provision of the 1978 Act in relation to such an agreement or wages order.