Part XIV Interpretation
C2C3C4C5 Chapter I Continuous employment
Pt. 14 Ch. 1 applied (1.10.2002) by The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 8(4) (with regs. 13-20)
Pt. 14 Ch. 1 applied (6.4.2002) by The Flexible working (Eligibility, Complaints and Remedies) Regulations 2002 (S.I. 2002/3236), {reg. 3}
Pt. 14 Ch. 1 applied (20.11.2003) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 1, 199(1)(4), Sch. 1 para. 3(3)
Pt. 14 Ch. 1 applied (E.W.) (1.3.2007) by National Health Service Act 2006 (c. 41), ss. 30, 227, Sch. 7 para. 3(4)
C1C6214 Special provisions for redundancy payments.
1
This section applies where a period of continuous employment has to be determined in relation to an employee for the purposes of the application of section 155 or 162(1).
2
The continuity of a period of employment is broken where—
a
a redundancy payment has previously been paid to the employee (whether in respect of dismissal or in respect of lay-off or short-time), and
b
the contract of employment under which the employee was employed was renewed (whether by the same or another employer) or the employee was re-engaged under a new contract of employment (whether by the same or another employer).
3
The continuity of a period of employment is also broken where—
a
a payment has been made to the employee (whether in respect of the termination of his employment or lay-off or short-time) in accordance with a scheme under section 1 of the M1Superannuation Act 1972 or arrangements falling within section 177(3), and
b
he commenced new, or renewed, employment.
4
The date on which the person’s continuity of employment is broken by virtue of this section—
a
if the employment was under a contract of employment, is the date which was the relevant date in relation to the payment mentioned in subsection (2)(a) or (3)(a), and
b
if the employment was otherwise than under a contract of employment, is the date which would have been the relevant date in relation to the payment mentioned in subsection (2)(a) or (3)(a) had the employment been under a contract of employment.
5
For the purposes of this section a redundancy payment shall be treated as having been paid if—
a
the whole of the payment has been paid to the employee by the employer,
b
a tribunal has determined liability and found that the employer must pay part (but not all) of the redundancy payment and the employer has paid that part, or
c
the Secretary of State has paid a sum to the employee in respect of the redundancy payment under section 167.
Pt. XIV Ch. I (ss. 210-219) applied (with modifications) (1.4.1998) by S.I. 1998/366, reg. 31(7)
Pt. XIV Ch. I (ss. 210-219) applied (prosp.) by 1999 c. 29, ss. 411(10), 425(2), Sch. 32 para. 3(8) (with Sch. 12 para. 9(1))
Pt. XIV Ch. I (ss. 210-219) applied (29.1.2001) by S.I. 2000/3386, art. 1(5)
Pt. XIV Ch. I (ss. 210-219) applied (E.W.) (21.5.2001) by S.I. 2001/1185, arts. 3, 4, Sch. para. 120