Part 3CONDITIONS OF ENTITLEMENT RELATING TO EMPLOYMENT AND EARNINGS
Continuous employment and unfair dismissal
regulation 17 17.—(1) Where in consequence of specified action in relation to a person’s dismissal, the person is reinstated or re-engaged by their employer or by a successor or associated employer of that employer then—
regulation 17 1 a (a)the continuity of their employment is preserved for the purposes of section 171ZZ16 of the 1992 Act for the period beginning with the effective date of termination and ending with the date of reinstatement or re-engagement, and
regulation 17 1 b (b)any week which falls within the interval beginning with the effective date of termination and ending with the date of reinstatement or re-engagement, as the case may be, counts in the computation of their period of continuous employment.
(2) In this regulation—
term dismissal procedures agreement “dismissal procedures agreement” has the same meaning as in section 235 of the 1996 Act(1);
term specified action in relation to a persons dismissal “specified action in relation to a person’s dismissal” means action which consists of—
the presentation by that person of a complaint under section 111(1) (complaints to employment tribunal) of the 1996 Act(2),
that person making a claim in accordance with a dismissal procedures agreement designated by an order under section 110 of the 1996 Act(3), or
any action taken by a conciliation officer under sections 18A to 18C (conciliation) of the Employment Tribunals Act 1996(4);
term successor “successor”has the same meaning as in section 235 of the 1996 Act.
There are amendments to section 235 not relevant to these Regulations.
Section 111(1) was amended by section 1(2)(a) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
Section 110 was amended by sections 1 and 12 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and paragraph 52 of Schedule 9 to the Crime and Courts Act 2013 (c. 22).
1996 c. 17. Sections 18A to 18C were inserted by section 7 of, and paragraph 6 of Schedule 1 to, the Enterprise and Regulatory Reform Act 2013.