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British Library Act 1972

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13(1)In the case of persons to be employed by them on and after the appointed day who immediately before that day are employed either in the civil service of the State or by the trustees of the British Museum, the Board shall, in negotiating their terms of employment, ensure that the terms, taken as a whole, are not less favourable in the case of each such person than those on which he is employed at the time when an offer is made to him of employment with the Board.U.K.

(2)In the following provisions of this paragraph, . . . F1the Act of 1965” means the M1Redundancy Payments Act 1965 and “the Superannuation Acts” means the M2Superannuation Acts 1965 and M31972.

(3)Where a person enters the employment of the Board on the appointed day having been, immediately before that day, employed as mentioned in sub-paragraph (1) above, then—

(a)for the purposes of [F2the Employment Rights Act 1996] any period during which he was so employed before that day (other than a period excepted by sub-paragraph (4) below) shall count as a period of employment with the Board, and the change of employer shall not break the continuity of the period of employment; and

(b)if he was employed by the trustees of the British Museum and his contract of employment was terminated with a view to his being re-employed by the Board as from that day, he is not to be treated for the purposes of the Act of 1965 as having been dismissed by reason of redundancy.

(4)A period of employment excepted by this sub-paragraph is one which ended before the appointed day in consequence of termination of the employment, where there was made to the person in respect of that termination a payment in accordance with Part I of the Act of 1965, or under the Superannuation Acts or any enactment replaced by either of those Acts, or under any such arrangements as are mentioned in section 41(3) of the Act of 1965.

Textual Amendments

F1Definition of “the Act of 1963” repealed by Employment Protection (Consolidation) Act 1978 (c. 44), Sch. 17

F2Words in Sch. para. 13(3)(a) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 4 (with ss. 191 - 195, 202)

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