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Employment Rights Act 1996

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Point in time view as at 22/08/1996.

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Chapter IIIE+W+S Supplementary

133 Death of employer or employee.E+W+S

(1)Where—

(a)an employer has given notice to an employee to terminate his contract of employment, and

(b)before that termination the employee or the employer dies,

this Part applies as if the contract had been duly terminated by the employer by notice expiring on the date of the death.

(2)Where—

(a)an employee’s contract of employment has been terminated,

(b)by virtue of subsection (2) or (4) of section 97 a date later than the effective date of termination as defined in subsection (1) of that section is to be treated for certain purposes as the effective date of termination, and

(c)the employer or the employee dies before that date,

subsection (2) or (4) of section 97 applies as if the notice referred to in that subsection as required by section 86 expired on the date of the death.

(3)Where an employee has died, sections 113 to 116 do not apply; and, accordingly, if the industrial tribunal finds that the grounds of the complaint are well-founded, the case shall be treated as falling within section 112(4) as a case in which no order is made under section 113.

(4)Subsection (3) does not prejudice an order for reinstatement or re-engagement made before the employee’s death.

(5)Where an order for reinstatement or re-engagement has been made and the employee dies before the order is complied with—

(a)if the employer has before the death refused to reinstate or re-engage the employee in accordance with the order, subsections (3) to (6) of section 117 apply, and an award shall be made under subsection (3)(b) of that section, unless the employer satisfies the tribunal that it was not practicable at the time of the refusal to comply with the order, and

(b)if there has been no such refusal, subsections (1) and (2) of that section apply if the employer fails to comply with any ancillary terms of the order which remain capable of fulfilment after the employee’s death as they would apply to such a failure to comply fully with the terms of an order where the employee had been reinstated or re-engaged.

134 Teachers in aided schools.E+W+S

(1)Where a teacher in an aided school is dismissed by the governors of the school in pursuance of a requirement of the local education authority under paragraph (a) of the proviso to section 24(2) of the M1Education Act 1944, this Part has effect in relation to the dismissal as if—

(a)the local education authority had at all material times been the teacher’s employer,

(b)the local education authority had dismissed him, and

(c)the reason or principal reason for which they did so had been the reason or principal reason for which they required his dismissal.

(2)For the purposes of a complaint under section 111 as it has effect by virtue of subsection (1)—

(a)section 117(4)(a) applies as if for the words “not practicable to comply” there were substituted the words “ not practicable for the local education authority to permit compliance ”, and

(b)section 123(5) applies as if the references in it to the employer were to the local education authority.

Marginal Citations

Prospective

[F1134A Application to police.E+W+S

(1)For the purposes of section 100, and of the other provisions of this Part so far as relating to the right not to be unfairly dismissed in a case where the dismissal is unfair by virtue of section 100, the holding, otherwise than under a contract of employment, of the office of constable or an appointment as police cadet shall be treated as employment by the relevant [F2authority ] under a contract of employment.

[F3(2)In this section “the relevant authority” means—

(a)in relation to a member of a police force, a special constable appointed for a police area or a police cadet appointed by a chief officer of police, the police authority or, in the case of a combined area in Scotland, the police board (within the meaning of the Police (Scotland) Act 1967 (c. 77));

(b)in relation to a person appointed as a police member of the National Criminal Intelligence Service, the Service Authority for that service;

(c)in relation to a person appointed as a police member of the National Crime Squad, the Service Authority for that squad;

(d)in relation to any other person holding the office of constable or an appointment as police cadet, the person responsible for maintaining the body of constables or police cadets in question.

(2A)The Commissioner of Police for the City of London shall be treated for the purposes of this section as if he were a member of the City of London police force.]]

Textual Amendments

F1S. 134A inserted (1.7.1998) by 1997 c. 42, s. 4; S.I. 1998/1542, art. 2

F2Word in s. 134A(1) substituted (prosp.) by Police Reform Act 2002 (c. 30), ss. 95(2), 108(2)-(5) (which substituting provision was repealed (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 158(4)(a), 174(2), Sch. 17 Pt. 1)

F3S. 134A(2)(2A) substituted (prosp.) for s. 134A(2) by Police Reform Act 2002 (c. 30), ss. 95(3), 108(2)-(5) (which substituting provision was repealed (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 158(4)(a), 174(2), Sch. 17 Pt. 1)

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