The Employment Protection (Continuity of Employment) Regulations 1993

• Citation: S.I. 1993/2165
• Sections: 5

Section 1 Citation, commencement and revocation

(1) These Regulations may be cited as the Employment Protection (Continuity of Employment) Regulations 1993 and shall come into force on 4th October 1993.

(2) As from that date the Labour Relations (Continuity of Employment) Regulations 1976 shall be revoked.

Section 2 Interpretation

In these Regulations, “the 1978 Act ” means the Employment Protection (Consolidation) Act 1978.

Section 3 Application

(1) These Regulations apply to any action taken in relation to the dismissal of an employee which consists of–

(a) the presentation by him of a relevant complaint of dismissal, or

(b) his making a claim in accordance with a dismissal procedures agreement designated by an order under section 65 of the 1978 Act , or

(c) any action taken by a conciliation officer under his relevant conciliation powers, or

(d) the making of a relevant compromise contract.

(2) In this regulation–

“relevant complaint of dismissal” means a complaint under section 67 of the 1978 Act , a complaint under section 63 of the Sex Discrimination Act 1975 (“the 1975 Act ”) arising out of a dismissal or a complaint under section 54 of the Race Relations Act 1976 (“the 1976 Act ”) arising out of a dismissal;

“relevant compromise contract” means–

any agreement authorised by section 140(2)(fb) of the 1978 Act to refrain from instituting or continuing any proceedings specified in section 134(1) of that Act before an industrial tribunal,

any contract authorised by section 77(4)(aa) of the 1975 Act settling a complaint arising out of a dismissal, or

any contract authorised by section 72(4)(aa) of the 1976 Act settling a complaint arising out of a dismissal;

“relevant conciliation powers” means section 134(3) of the 1978 Act , section 64(2) of the 1975 Act or section 55(2) of the 1976 Act.

Section 4 Continuity of employment where employee re–engaged

(1) The provisions of this regulation shall have effect to preserve the continuity of a person’s period of employment for the purposes of Schedule 13 to the 1978 Act and for the purposes of that Schedule as applied by subsection (5) of section 281 and subsection (2) of section 282 of the Trade Union and Labour Relations (Consolidation) Act 1992 to those sections.

(2) If in consequence of any action to which these Regulations apply a dismissed employee is reinstated or re–engaged by his employer or by a successor or associated employer of the employer the continuity of that employee’s period of employment shall be preserved and, accordingly, the period beginning with the date on which the dismissal to which the action relates takes effect and ending with the date of reinstatement or re– engagement, as the case may be, shall count in the computation of the employee’s period of continuous employment.

Section 5 Exclusion of operation of paragraph 12 of Schedule 13 to the 1978 Act where redundancy or equivalent payment repaid

(1) Where–

(a) in consequence of any action to which these Regulations apply a dismissed employee is reinstated or re–engaged by his employer or by a successor or associated employer of the employer, and

(b) the terms upon which he is so reinstated or re–engaged include provision for him to repay the amount of a redundancy payment or an equivalent payment paid in respect of the relevant dismissal,

paragraph 12 of Schedule 13 to the 1978 Act (which requires the continuity of the period of employment to be treated as broken in redundancy cases where a redundancy payment or an equivalent payment is paid and he is subsequently re–engaged) shall not apply if that provision is complied with.

(2) For the purposes of this regulation the cases in which a redundancy payment shall be treated as having been paid are cases mentioned in sub–paragraphs (3)(a) and (3)(b) of paragraph 12 of Schedule 13 to the 1978 Act.