35(1)Where a person enters the employment of the Post Office on the appointed day and immediately before that day was occupied in the department of the Postmaster General in employment to which this paragraph applies, then, for the purpose of ascertaining the length of the period of his employment for the purposes of sections 1 and 2 of the [1965 c. 19 (N.I.).] Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965, Schedule 1 to that Act shall have effect—
(a)as if, in a case where he was so occupied otherwise than under a contract of service, employment of his to which this paragraph applies in which he was occupied otherwise than as aforesaid before the appointed day, whether or not in the department of the Postmaster General, had been employment within the meaning of the said Act of 1965, and, while he was occupied therein, he had been an employee within the meaning of that Act, but as if, for paragraph 4 of that Schedule, there were substituted the following paragraph:—
“4Any week during the whole or a part of which the terms of his employment normally involve employment for twenty-one hours or more weekly shall count in computing a period of employment”;
and
(b)as if, in any case, subject to the next following sub-paragraph, the period, ending immediately before the appointed day, of employment of his to which this paragraph applies, whether or not in the department of the Postmaster General, counted as a period of employment with the Post Office (if, apart from this provision, it would not so count) and his transfer to employment with the Post Office did not break the continuity of the period of employment (if, apart from this provision, the transfer would do so).
(2)Where, before the appointed day a person's employment to which this paragraph applies was terminated and a payment made to him in respect of the termination in accordance with the [1965 c. 74.] Superannuation Act 1965 or any enactment repealed by that Act, or under such arrangements as are mentioned in section 41(3) of the [1965 c. 62.] Redundancy Payments Act 1965, then, whether or not he was re-employed in employment to which this paragraph applies immediately following that termination, Schedule 1 to the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 shall have effect as if the period of his employment before that termination in employment to which this paragraph applies did not count as a period of employment with the Post Office.
(3)In the application of paragraph 7 of Schedule 2 to the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (calculation of rates of remuneration) to a person in whose case sub-paragraph (1) above applies, references in that paragraph to a former employer and a period of employment with a former employer shall be construed in accordance with the foregoing sub-paragraphs, and the reference in that paragraph to paragraph 10 of Schedule 1 to that Act shall include a reference to head (b) of that sub-paragraph.
(4)Section 7 of the [1965 c. 19 (N.I.).] Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (power to vary number of weekly hours of employment necessary to qualify for rights) shall have effect as if the reference therein to paragraph 4 of Schedule 1 to that Act included a reference to the paragraph substituted therefor by sub-paragraph (1) above and to sub-paragraph (7) below.
(5)For the purpose of computing, for the purposes of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965, a period of employment of a person in whose case sub-paragraph (1) of this paragraph applies, any reference in that Act to Schedule 1 or 2 to that Act shall, in relation to employment to which this paragraph applies of his before the appointed day, be construed as a reference to the said Schedule 1 or 2, as the case may be, as it has effect by virtue of sub-paragraphs (1) to (4) above.
(6)Where a person enters the employment of the Post Office on the appointed day and, immediately before that day, was occupied in the department of the Postmaster General in employment to which this paragraph applies, then, for the purpose of computing a period of employment for the purposes of the said Schedule 1 as applied by Schedule 3 to the said Act of 1965, a period in which he was occupied in employment to which this paragraph applies shall, notwithstanding the provisions of section 26(3) of the said Act of 1965 (which excludes the application of section 11 of that Act to a person in respect of certain employment), be treated as if it had been a period in respect of which section 11 of that Act had applied.
(7)This paragraph applies to employment of a person in the civil service of the State in an established or unestablished capacity within the meaning of the [1965 c. 74.] Superannuation Act 1965, and to employment of a person therein in part-time service where he gives personal service of at least twenty-one hours a week and the remuneration in respect thereof is defrayed entirely out of the Post Office Fund or moneys provided by Parliament.