Employment Rights Act 1996, section 219

Reinstatement or re-engagement of dismissed employee

Part XIV Interpretation

(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,

F1097 in cases where . . . a dismissed employee is reinstated [F1098, re-engaged or otherwise re-employedF1098] by his employer or by a successor or associated employer of that employer[F1099 in any circumstances prescribed by the regulations.F1099]

F1100 (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1100 (3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1100 (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 219 5

employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employee

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

Defined in s.230(1) · see it in the full Act
employed

and “employed” shall be construed accordingly.

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
employer

(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

Defined in s.230(4) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
successor

“successor”, in relation to the employer of an employee, means (subject to subsection (2)) a person who in consequence of a change occurring (whether by virtue of a sale or other disposition or by operation of law) in the ownership of the undertaking, or of the part of the undertaking, for the purposes of which the employee was employed, has become the owner of the undertaking or part,

Defined in s.235(1) · see it in the full Act

Cases considering section 219 3

HM Inspector of Taxes v Clayton

[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])

Lipinski v Ebbsfleet Autospray Centre Ltd

[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.

Amendments and notes

10 notes from legislation.gov.uk

Amendments

  1. F1097Words in s. 219(1) repealed (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 25(2)(a), Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1
  2. F1098Words in s. 219(1) substituted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 25(2)(b); S.I. 1998/1658, art. 2(1), Sch. 1
  3. F1099Words in s. 219(1) inserted (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 25(2)(c); S.I. 1998/1658, art. 2(1), Sch. 1
  4. F1100S. 219(2)-(4) repealed (1.8.1998) by 1998 c. 8, s. 15, Sch. 1 para. 25(3), Sch. 2; S.I. 1998/1658, art. 2(1), Sch. 1

Modifications

  1. C213Ss. 210-219 applied (E.W.) (1.4.2020) by The Agricultural Wages (Wales) Order 2020 (S.I. 2020/347), arts. 1, 2(3)
  2. C214Ss. 210-219 applied (22.4.2022) by The Agricultural Wages (Wales) Order 2022 (S.I. 2022/417), arts. 1(2), 2(3)
  3. C215Ss. 210-219 applied (E.W.) (6.8.2022 with effect from 1.4.2022) by The Agricultural Wages (No. 2) (Wales) Order 2022 (S.I. 2022/794), arts. 1, 2(3)
  4. C216Ss. 210-219 applied (1.4.2023) by The Agricultural Wages (Wales) Order 2023 (S.I. 2023/260), arts. 1, 2(3)
  5. C217Ss. 210-219 applied (W.) (1.4.2024) by The Agricultural Wages (Wales) Order 2024 (S.I. 2024/390), arts. 1, 2(3)
  6. C220S. 219 restricted (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 5(2)