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Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations (Northern Ireland) 2002

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Change of employer

36.  A person’s employment shall, notwithstanding a change of employer, be treated as continuous employment with the second employer where–

(a)the employer’s trade or business or an undertaking (whether or not it is an undertaking established by or under a statutory provision) is transferred from one person to another;

(b)by or under a statutory provision, whether public or local and whenever passed, a contract of employment between any body corporate and the person is modified and some other body corporate is substituted as his employer;

(c)on the death of his employer, the person is taken into employment of the personal representatives or trustees of the deceased;

(d)the person is employed by partners, personal representatives or trustees and there is a change in the partners, or, as the case may be, personal representatives or trustees;

(e)the person is taken into the employment of an employer who is, at the time he entered his employment, an associated employer of his previous employer, and for this purpose “associated employer” shall be construed in accordance with Article 4 of the Employment Rights (Northern Ireland) Order 1996.

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