(1)Regulations made by the Secretary of State may make provision—
(a)for preserving the continuity of a person’s period of employment for the purposes of this Chapter or for the purposes of this Chapter as applied by or under any other enactment specified in the regulations, or
(b)for modifying or excluding the operation of section 214 subject to the recovery of any such payment as is mentioned in that section,
in cases where . . . a dismissed employee is reinstated , re-engaged or otherwise re-employed by his employer or by a successor or associated employer of that employer in any circumstances prescribed by the regulations.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Cases considering section 219 3
[2004] EWCA Civ 1657 · 7 December 2004Limits
Limits the regulation-making power to the specified statutory purposes, so continuity regulations do not affect the tax characterisation of the payment. (see para. [32])
[2013] UKEAT 0288_12_0606 · 6 June 2013Interprets
Section 219(1) was treated as the enabling provision for the continuity Regulations. While the former statutory definition remained in force it informed the Regulations, but its repeal did not prevent an unfair-dismissal complaint from falling within the ordinary meaning of a relevant complaint of dismissal (see para [17]).
The former provision was considered as part of the statutory history of the expression “relevant complaint of dismissal”. The court held that the current Regulations could be construed without relying on that repealed provision (see para [17]).
The repealed definition had included an unfair-dismissal complaint and certain dismissal-related discrimination complaints. The court held that the latter issue need not be decided, because an unfair-dismissal complaint was plainly a relevant complaint of dismissal on the ordinary meaning of the Regulations (see para [17]).
1 more judgment, and what each says about section 219, are in the
case-law panel in the full Act.